A bill introduced in the Nevada Assembly would change the law in that state with respect to recovery of attorney fees regarding construction defect cases. Nevada is presently very favorable with respect to the award of attorney fees to parties who initiate construction defect actions. The bill recently introduced would limit the recover of attorney fees to the prevailing party. The way the law currently reads, if a homeower prevails on any part of his or her claim, they can recover attorney fees. This is true even if the homeowner did not prevail on the majority of claims. The Assembly member sponsering the bill claims that this would reduce frivolous construction defect cases.
In California, the recovery of attorney fees in a CD case is very rare. Attorney fees are not authorized by statute, and there are very few, rare, circumstances in which a Plaintiff can recover attorney fees.