2005 Nevada Revised Statutes - Chapter 11 — Limitation of Actions

CHAPTER 11 - LIMITATION OF ACTIONS

GENERAL PROVISIONS

NRS 11.010 Commencementof civil actions.

NRS 11.020 Effectof laws of limitation of other states or countries.

REAL PROPERTY

NRS 11.030 Whenaction cannot be brought by grantee from this State.

NRS 11.040 Whenactions by State or its grantees are to be brought within 7 years.

NRS 11.060 Actionfor recovery of mining claims: Occupation and possession; other applicableprovisions.

NRS 11.070 Nocause of action effectual unless party or predecessor seized or possessedwithin 5 years.

NRS 11.080 Seisinwithin 5 years; when necessary in action for real property.

NRS 11.090 Peaceableentry; when not valid as claim.

NRS 11.100 Possessionpresumed in legal owner unless adversely held.

NRS 11.110 Occupationunder written instrument or judgment; when deemed adverse.

NRS 11.120 Whatconstitutes adverse possession under written instrument or judgment.

NRS 11.130 Premisesactually occupied under claim of title deemed to be held adversely.

NRS 11.140 Whatconstitutes adverse possession under claim of title not founded on writteninstrument.

NRS 11.150 Additionalrequirements for adverse possession: Occupation continuously for 5 years;payment of taxes.

NRS 11.160 Relationof landlord and tenant as affecting adverse possession.

NRS 11.170 Rightof possession not affected by descent cast.

NRS 11.180 Certaindisabilities excluded from time to commence actions.

ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY

NRS 11.190 Periodsof limitation.

NRS 11.200 Computationof time.

NRS 11.202 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Deficiencies resulting from willfulmisconduct; fraudulently concealed deficiencies.

NRS 11.203 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Known deficiencies.

NRS 11.204 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Latent deficiencies.

NRS 11.205 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Patent deficiencies.

NRS 11.2055 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Determination of date of substantialcompletion of improvement to real property.

NRS 11.206 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Limitation of actions not a defense inactions based on liability as innkeeper or for defect in product.

NRS 11.207 Malpracticeactions against attorneys and veterinarians.

NRS 11.2075 Malpracticeactions against accountants.

NRS 11.208 Actionby contractor against Department of Transportation upon contract forconstruction, reconstruction, improvement or maintenance of highway.

NRS 11.209 Actionsagainst principal contractors by employees of subcontractors for wages orbenefits.

NRS 11.210 Mutualopen accounts; accrual of cause of action.

NRS 11.215 Actionsfor damages for injury arising from sexual abuse of minor.

NRS 11.220 Actionfor relief not otherwise provided for.

NRS 11.250 Disabilitiespreventing running of statute.

ACTIONS BY OR ON BEHALF OF THIS STATE

NRS 11.255 Actionsby or on behalf of this State.

MISCELLANEOUS LIMITATIONS

NRS 11.260 Actionto recover estate sold by guardian.

NRS 11.270 Actionto recover estate sold by executor or administrator.

NRS 11.275 Actionagainst estate for which letters of administration have not been issued.

NRS 11.280 Legaldisability prevents running of statute.

NRS 11.290 Nolimitation of action for deposit of money or property; exception.

NRS 11.300 Absencefrom State suspends running of statute.

NRS 11.310 Deathof person entitled to bring action before limitation expires; death of personagainst whom an action may be brought.

NRS 11.320 Statutesuspended when person against whom cause of action exists dies out of State.

NRS 11.330 Actionby enemy alien; war suspends limitation.

NRS 11.340 Reversalof judgment; new action to be brought within 1 year.

NRS 11.350 Actionstayed by injunction.

NRS 11.360 Disabilitymust exist when right of action accrued.

NRS 11.370 Coexistingdisabilities must be removed.

NRS 11.380 Actionsagainst directors or stockholders of corporations.

NRS 11.390 Acknowledgmentor new promise must be in writing; exception.

RECOMMENCEMENT OF CERTAIN ACTIONS

NRS 11.500 Recommencementof actions dismissed for lack of subject matter jurisdiction.

_________

 

GENERAL PROVISIONS

NRS 11.010 Commencementof civil actions. Civil actions can only becommenced within the periods prescribed in this chapter, after the cause ofaction shall have accrued, except where a different limitation is prescribed bystatute.

[1911 CPA 4; RL 4946; NCL 8503]

NRS 11.020 Effectof laws of limitation of other states or countries. Whena cause of action has arisen in another state, or in a foreign country, and bythe laws thereof an action thereon cannot there be maintained against a personby reason of the lapse of time, an action thereon shall not be maintainedagainst him in this State, except in favor of a citizen thereof who has heldthe cause of action from the time it accrued.

[1911 CPA 5; RL 4947; NCL 8504]

REAL PROPERTY

NRS 11.030 Whenaction cannot be brought by grantee from this State. Noaction can be brought for or in respect to real property by any person claimingunder letters patent, or grants from this State, unless the same might havebeen commenced by the State as herein specified in case such patent had notbeen issued or grant made.

[1911 CPA 36; RL 4948; NCL 8505]

NRS 11.040 Whenactions by State or its grantees are to be brought within 7 years. When letters patent or grants of real property issued ormade by this state are declared void by the determination of a competent court,an action for the recovery of the property so conveyed may be brought, eitherby the State, or by any subsequent patentee or grantee of the property, hisheirs or assigns, within 7 years after such determination, but not after thatperiod.

[1911 CPA 7; RL 4949; NCL 8506]

NRS 11.060 Actionfor recovery of mining claims: Occupation and possession; other applicableprovisions.

1. No action for the recovery of mining claims, or forthe recovery of the possession thereof, shall be maintained, unless it appearsthat the plaintiff, or those through or from whom he claims, were seized orpossessed of such mining claim, or were the owners thereof, according to thelaws and customs of the district embracing the same, within 2 years before thecommencement of such action.

2. Occupation and adverse possession of a mining claimshall consist in holding and working the same, in the usual and customary modeof holding and working similar claims in the vicinity thereof.

3. All of the provisions of this chapter which applyto other real estate, so far as applicable, shall be deemed to include andapply to mining claims; provided,

(a) That in such application 2 years shall be held tobe the period intended whenever the term 5 years is used; and

(b) That when the terms legal title or title areused, they shall be held to include title acquired by location or occupation,according to the usages, laws and customs of the district embracing the claim.

[1911 CPA 9; RL 4951; NCL 8508]

NRS 11.070 Nocause of action effectual unless party or predecessor seized or possessedwithin 5 years. No cause of action or defenseto an action, founded upon the title to real property, or to rents or toservices out of the same, shall be effectual, unless it appears that the personprosecuting the action or making the defense, or under whose title the actionis prosecuted or the defense is made, or the ancestor, predecessor, or grantorof such person, was seized or possessed of the premises in question within 5years before the committing of the act in respect to which said action isprosecuted or defense made.

[1911 CPA 10; RL 4952; NCL 8509]

NRS 11.080 Seisinwithin 5 years; when necessary in action for real property. No action for the recovery of real property, or for therecovery of the possession thereof other than mining claims, shall bemaintained, unless it appears that the plaintiff, his ancestor, predecessor, orgrantor was seized or possessed of the premises in question, within 5 yearsbefore the commencement thereof.

[1911 CPA 11; RL 4953; NCL 8510]

NRS 11.090 Peaceableentry; when not valid as claim. No peaceableentry upon real estate shall be deemed sufficient and valid as a claim, unlessan action be commenced by the plaintiff for possession within 1 year from themaking of such entry, or within 5 years from the time when the right to bringsuch action accrued.

[1911 CPA 12; RL 4954; NCL 8511]

NRS 11.100 Possessionpresumed in legal owner unless adversely held. Inevery action for the recovery of real property, or the possession thereof, theperson establishing a legal title to the premises shall be presumed to havebeen possessed thereof within the time prescribed by law; and the occupation ofsuch premises by any other person shall be deemed to have been under and insubordination to the legal title, unless it shall appear:

1. That is has been protected by a substantialenclosure; or

2. That it has been cultivated or improved inaccordance with the usual and ordinary methods of husbandry.

[1911 CPA 13; RL 4955; NCL 8512]

NRS 11.110 Occupationunder written instrument or judgment; when deemed adverse. Whenever it shall appear that the occupant, or those underwhom he claims, entered into the possession of premises, under claim of title,exclusive of any other right, founding such claim upon a written instrument asbeing a conveyance of the premises in question, or upon the decree or judgmentof a competent court, and that there has been a continued occupation andpossession of the premises included in such instrument, decree, or judgment, orof some part of such premises, under such claim, for 5 years, the premises soincluded shall be deemed to have been held adversely, except that where thepremises so included consists of a tract divided into lots, the possession ofone lot shall not be deemed a possession of any other lot of the same tract.

[1911 CPA 14; RL 4956; NCL 8513]

NRS 11.120 Whatconstitutes adverse possession under written instrument or judgment. For the purpose of constituting adverse possession by anyperson claiming a title, founded upon a written instrument or judgment ordecree, land shall be deemed to have been possessed and occupied in thefollowing cases:

1. Where it has been usually cultivated or improved.

2. Where it has been protected by a substantialenclosure.

3. Where, though not enclosed, it has been used forthe supply of fuel, or of fencing timber, for the purpose of husbandry; or forthe use of pasturage, or for ordinary uses of the occupant.

4. Where a known farm or single lot has been partlyimproved, the portion of such farm or lot that may have been left not cleared,or not enclosed according to the usual course and custom of the adjoiningcountry, shall be deemed to have been occupied for the same length of time asthe part improved and cultivated.

[1911 CPA 15; RL 4957; NCL 8514]

NRS 11.130 Premisesactually occupied under claim of title deemed to be held adversely. Where it appears that there has been an actual continuedoccupation of premises, under a claim of title, exclusive of any other right,but not founded upon a written instrument, or a judgment or decree, thepremises so actually occupied, and no other, shall be deemed to have been heldadversely.

[1911 CPA 16; RL 4958; NCL 8515]

NRS 11.140 Whatconstitutes adverse possession under claim of title not founded on writteninstrument. For the purpose of constituting anadverse possession, by a person claiming title, not founded upon a writteninstrument, judgment or decree, land shall be deemed to have been possessed andoccupied in the following cases only:

1. Where it has been protected by a substantialenclosure.

2. Where it has been usually cultivated or improved.

[1911 CPA 17; RL 4959; NCL 8516]

NRS 11.150 Additionalrequirements for adverse possession: Occupation continuously for 5 years;payment of taxes. In no case shall adversepossession be considered established unless it be shown, in addition to therequirements of NRS 11.120 or 11.140, that the land has been occupied andclaimed for the period of 5 years, continuously, and that the party or persons,their predecessors and grantors have paid all taxes, state, county andmunicipal, which may have been levied and assessed against the land for theperiod mentioned, or have tendered payment thereof.

[1911 CPA 18; A 1937, 26; 1931 NCL 8517](NRS A1957, 321)

NRS 11.160 Relationof landlord and tenant as affecting adverse possession. Whenever the relation of landlord and tenant shall haveexisted between any persons, the possession of the tenant shall be deemed thepossession of the landlord until the expiration of 5 years from the expirationof the tenancy, or, where there has been no written lease, until the expirationof 5 years from the time of the last payment of rent, notwithstanding that suchtenant may have acquired another title, or may have claimed to hold adverselyto his landlord. But such presumptions shall not be made after the periodsherein limited.

[1911 CPA 19; RL 4961; NCL 8518]

NRS 11.170 Rightof possession not affected by descent cast. Theright of a person to the possession of any real property shall not be impairedor affected by a descent being cast in consequence of the death of a person inpossession of such property.

[1911 CPA 20; RL 4962; NCL 8519]

NRS 11.180 Certaindisabilities excluded from time to commence actions. Ifa person entitled to commence an action for the recovery of real property, orfor the recovery of the possession thereof, or to make any entry or defensefounded on the title to real property or to rents or services out of the same,be at the time such title shall first descend or accrue, either:

1. Within the age of majority; or

2. Insane; or

3. Imprisoned on a criminal charge, or in executionupon conviction of a criminal offense, for a term less than for life,

the timeduring which such disability continues is not deemed any portion of the time inthis chapter limited for the commencement of such actions, or the making ofsuch entry or defense, but such action may be commenced or entry or defensemade, within the period of 2 years after such disability shall cease, or afterthe death of the person entitled, who shall die under such disability, but suchaction shall not be commenced, or entry or defense made, after that period.

[1911 CPA 24; RL 4966; NCL 8523]

ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY

NRS 11.190 Periodsof limitation. Except as otherwise provided inNRS 125B.050 and 217.007, actions other than those for therecovery of real property, unless further limited by specific statute, may onlybe commenced as follows:

1. Within 6 years:

(a) An action upon a judgment or decree of any court ofthe United States, or of any state or territory within the United States, orthe renewal thereof.

(b) An action upon a contract, obligation or liabilityfounded upon an instrument in writing, except those mentioned in the precedingsections of this chapter.

2. Within 4 years:

(a) An action on an open account for goods, wares andmerchandise sold and delivered.

(b) An action for any article charged on an account ina store.

(c) An action upon a contract, obligation or liabilitynot founded upon an instrument in writing.

(d) An action against a person alleged to havecommitted a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause ofaction shall be deemed to accrue when the aggrieved party discovers, or by theexercise of due diligence should have discovered, the facts constituting thedeceptive trade practice.

3. Within 3 years:

(a) An action upon a liability created by statute,other than a penalty or forfeiture.

(b) An action for waste or trespass of real property,but when the waste or trespass is committed by means of underground works uponany mining claim, the cause of action shall be deemed to accrue upon thediscovery by the aggrieved party of the facts constituting the waste ortrespass.

(c) An action for taking, detaining or injuringpersonal property, including actions for specific recovery thereof, but in allcases where the subject of the action is a domestic animal usually included inthe term livestock, which has a recorded mark or brand upon it at the time ofits loss, and which strays or is stolen from the true owner without his fault,the statute does not begin to run against an action for the recovery of theanimal until the owner has actual knowledge of such facts as would put areasonable person upon inquiry as to the possession thereof by the defendant.

(d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the groundof fraud or mistake, but the cause of action in such a case shall be deemed toaccrue upon the discovery by the aggrieved party of the facts constituting thefraud or mistake.

(e) An action pursuant to NRS 40.750 for damages sustained by afinancial institution because of its reliance on certain fraudulent conduct ofa borrower, but the cause of action in such a case shall be deemed to accrueupon the discovery by the financial institution of the facts constituting theconcealment or false statement.

4. Within 2 years:

(a) An action against a sheriff, coroner or constableupon liability incurred by acting in his official capacity and in virtue of hisoffice, or by the omission of an official duty, including the nonpayment ofmoney collected upon an execution.

(b) An action upon a statute for a penalty orforfeiture, where the action is given to a person or the State, or both, exceptwhen the statute imposing it prescribes a different limitation.

(c) An action for libel, slander, assault, battery,false imprisonment or seduction.

(d) An action against a sheriff or other officer forthe escape of a prisoner arrested or imprisoned on civil process.

(e) Except as otherwise provided in NRS 11.215, an action to recover damagesfor injuries to a person or for the death of a person caused by the wrongfulact or neglect of another. The provisions of this paragraph relating to anaction to recover damages for injuries to a person apply only to causes ofaction which accrue after March 20, 1951.

5. Within 1 year:

(a) An action against an officer, or officer de factoto recover goods, wares, merchandise or other property seized by the officer inhis official capacity, as tax collector, or to recover the price or value ofgoods, wares, merchandise or other personal property so seized, or for damagesfor the seizure, detention or sale of, or injury to, goods, wares, merchandiseor other personal property seized, or for damages done to any person orproperty in making the seizure.

(b) An action against an officer, or officer de factofor money paid to the officer under protest, or seized by the officer in hisofficial capacity, as a collector of taxes, and which, it is claimed, ought tobe refunded.

[1911 CPA 25; A 1951, 247](NRS A 1965, 948, 1415;1967, 113; 1981, 1023, 1885; 1983, 612; 1985, 698; 1987, 14, 1346; 1991, 117;1993, 454, 2628; 1997, 1591; 1999, 1238; 2005, 1424)

NRS 11.200 Computationof time. The time in NRS 11.190 shall be deemed to date from thelast transaction or the last item charged or last credit given; and wheneverany payment on principal or interest has been or shall be made upon an existingcontract, whether it be a bill of exchange, promissory note or other evidenceof indebtedness if such payment be made after the same shall have become due,the limitation shall commence from the time the last payment was made.

[1911 CPA 26; RL 4968; NCL 8525]

NRS 11.202 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Deficiencies resulting from willfulmisconduct; fraudulently concealed deficiencies.

1. An action may be commenced against the owner,occupier or any person performing or furnishing the design, planning,supervision or observation of construction, or the construction of animprovement to real property at any time after the substantial completion ofsuch an improvement, for the recovery of damages for:

(a) Any deficiency in the design, planning, supervisionor observation of construction or the construction of such an improvement whichis the result of his willful misconduct or which he fraudulently concealed;

(b) Injury to real or personal property caused by anysuch deficiency; or

(c) Injury to or the wrongful death of a person causedby any such deficiency.

2. The provisions of this section do not apply in anaction brought against:

(a) The owner or keeper of any hotel, inn, motel, motorcourt, boardinghouse or lodginghouse in this State on account of his liabilityas an innkeeper.

(b) Any person on account of a defect in a product.

(Added to NRS by 1983, 1238)

NRS 11.203 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Known deficiencies.

1. Except as otherwise provided in NRS 11.202 and 11.206, no action may be commenced againstthe owner, occupier or any person performing or furnishing the design,planning, supervision or observation of construction, or the construction of animprovement to real property more than 10 years after the substantial completionof such an improvement, for the recovery of damages for:

(a) Any deficiency in the design, planning, supervisionor observation of construction or the construction of such an improvement whichis known or through the use of reasonable diligence should have been known tohim;

(b) Injury to real or personal property caused by anysuch deficiency; or

(c) Injury to or the wrongful death of a person causedby any such deficiency.

2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section,if an injury occurs in the 10th year after the substantial completion of suchan improvement, an action for damages for injury to property or person, damagesfor wrongful death resulting from such injury or damages for breach of contractmay be commenced within 2 years after the date of such injury, irrespective ofthe date of death, but in no event may an action be commenced more than 12years after the substantial completion of the improvement.

3. The provisions of this section do not apply to aclaim for indemnity or contribution.

(Added to NRS by 1983, 1238; A 1999, 1444)

NRS 11.204 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Latent deficiencies.

1. Except as otherwise provided in NRS 11.202, 11.203 and 11.206, no action may be commenced againstthe owner, occupier or any person performing or furnishing the design,planning, supervision or observation of construction, or the construction, ofan improvement to real property more than 8 years after the substantialcompletion of such an improvement, for the recovery of damages for:

(a) Any latent deficiency in the design, planning,supervision or observation of construction or the construction of such animprovement;

(b) Injury to real or personal property caused by anysuch deficiency; or

(c) Injury to or the wrongful death of a person causedby any such deficiency.

2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section,if an injury occurs in the eighth year after the substantial completion of suchan improvement, an action for damages for injury to property or person, damagesfor wrongful death resulting from such injury or damages for breach of contractmay be commenced within 2 years after the date of such injury, irrespective ofthe date of death, but in no event may an action be commenced more than 10years after the substantial completion of the improvement.

3. The provisions of this section do not apply to aclaim for indemnity or contribution.

4. For the purposes of this section, latentdeficiency means a deficiency which is not apparent by reasonable inspection.

(Added to NRS by 1983, 1237; A 1999, 1445)

NRS 11.205 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Patent deficiencies.

1. Except as otherwise provided in NRS 11.202, 11.203 and 11.206, no action may be commenced againstthe owner, occupier or any person performing or furnishing the design,planning, supervision or observation of construction, or the construction of animprovement to real property more than 6 years after the substantial completionof such an improvement, for the recovery of damages for:

(a) Any patent deficiency in the design, planning,supervision or observation of construction or the construction of such animprovement;

(b) Injury to real or personal property caused by anysuch deficiency; or

(c) Injury to or the wrongful death of a person causedby any such deficiency.

2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section,if an injury occurs in the sixth year after the substantial completion of suchan improvement, an action for damages for injury to property or person, damagesfor wrongful death resulting from such injury or damages for breach of contractmay be commenced within 2 years after the date of such injury, irrespective ofthe date of death, but in no event may an action be commenced more than 8 yearsafter the substantial completion of the improvement.

3. The provisions of this section do not apply to aclaim for indemnity or contribution.

4. For the purposes of this section, patentdeficiency means a deficiency which is apparent by reasonable inspection.

(Added to NRS by 1965, 948; A 1983, 1239; 1999, 1445)

NRS 11.2055 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Determination of date of substantialcompletion of improvement to real property.

1. Except as otherwise provided in subsection 2, forthe purposes of NRS 11.202 to 11.206, inclusive, the date of substantialcompletion of an improvement to real property shall be deemed to be the date onwhich:

(a) The final building inspection of the improvement isconducted;

(b) A notice of completion is issued for the improvement;or

(c) A certificate of occupancy is issued for theimprovement,

whicheveroccurs later.

2. If none of the events described in subsection 1occurs, the date of substantial completion of an improvement to real propertymust be determined by the rules of the common law.

(Added to NRS by 1999, 1444)

NRS 11.206 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Limitation of actions not a defense inactions based on liability as innkeeper or for defect in product. The limitations respectively prescribed by NRS 11.203, 11.204 and 11.205 are not a defense in an actionbrought against:

1. The owner or keeper of any hotel, inn, motel, motorcourt, boardinghouse or lodginghouse in this state on account of his liabilityas an innkeeper.

2. Any person on account of a defect in a product.

(Added to NRS by 1983, 1238)

NRS 11.207 Malpracticeactions against attorneys and veterinarians.

1. An action against an attorney or veterinarian torecover damages for malpractice, whether based on a breach of duty or contract,must be commenced within 4 years after the plaintiff sustains damage or within2 years after the plaintiff discovers or through the use of reasonablediligence should have discovered the material facts which constitute the causeof action, whichever occurs earlier.

2. This time limitation is tolled for any periodduring which the attorney or veterinarian conceals any act, error or omission uponwhich the action is founded and which is known or through the use of reasonablediligence should have been known to him.

(Added to NRS by 1981, 1023; A 1997, 478)

NRS 11.2075 Malpracticeactions against accountants.

1. An action against an accountant or accounting firmto recover damages for malpractice must be commenced within:

(a) Two years after the date on which the alleged act,error or omission is discovered or should have been discovered through the useof reasonable diligence;

(b) Four years after completion of performance of theservice for which the action is brought; or

(c) Four years after the date of the initial issuanceof the report prepared by the accountant or accounting firm regarding thefinancial statements or other information,

whicheveroccurs earlier.

2. The time limitation set forth in subsection 1 istolled for any period during which the accountant or accounting firm concealsthe act, error or omission upon which the action is founded and which is knownor through the use of reasonable diligence should have been known to him or thefirm.

3. As used in this section, accountant means aperson certified or registered as a public accountant pursuant to chapter 628 of NRS who holds a live permit, asdefined in NRS 628.019.

(Added to NRS by 1997, 478)

NRS 11.208 Actionby contractor against Department of Transportation upon contract for construction,reconstruction, improvement or maintenance of highway.An action by a contractor against the Department of Transportation upona contract for the construction, reconstruction, improvement or maintenance ofa highway must be commenced within 3 years after the date of the:

1. Completion of the contract; or

2. Determination of the engineer or decision of theBoard of Directors of the Department of Transportation on an appeal of a claimarising from the contract as provided in the standard specifications forconstruction of roads and bridges adopted by the Department,

whicheveroccurs later.

(Added to NRS by 1987, 631; A 1989, 1313)

NRS 11.209 Actionsagainst principal contractors by employees of subcontractors for wages orbenefits.

1. No action against a principal contractor for therecovery of wages due an employee of a subcontractor or contributions orpremiums required to be made or paid on his account may be commenced more than:

(a) Two years, if the principal contractor is locatedin Nevada; or

(b) Three years, if the principal contractor is locatedoutside this state,

after thedate the employee should have received those wages from or those contributionsor premiums should have been made or paid by the subcontractor.

2. No action against a principal contractor for therecovery of benefits due an employee of a subcontractor may be commenced morethan:

(a) Three years, if the principal contractor is locatedin Nevada; or

(b) Four years, if the principal contractor is locatedoutside this state,

after thedate the employee should have received those benefits from the subcontractor.

(Added to NRS by 1983, 1350)

NRS 11.210 Mutualopen accounts; accrual of cause of action. Inan action brought to recover a balance due upon a mutual, open and currentaccount, where there have been reciprocal demands between the parties, thecause of action shall be deemed to have accrued from the time of the last itemproved in the account on either side.

[1911 CPA 27; RL 4969; NCL 8526]

NRS 11.215 Actionsfor damages for injury arising from sexual abuse of minor.

1. Except as otherwise provided in NRS 217.007, an action to recover damagesfor an injury to a person arising from the sexual abuse of the plaintiff whichoccurred when the plaintiff was less than 18 years of age must be commencedwithin 10 years after the plaintiff:

(a) Reaches 18 years of age; or

(b) Discovers or reasonably should have discovered thathis injury was caused by the sexual abuse,

whicheveroccurs later.

2. As used in this section, sexual abuse has themeaning ascribed to it in NRS 432B.100.

(Added to NRS by 1991, 117; A 1993, 254, 455, 456)

NRS 11.220 Actionfor relief not otherwise provided for. Anaction for relief, not hereinbefore provided for, must be commenced within 4years after the cause of action shall have accrued.

[1911 CPA 28; RL 4970; NCL 8527]

NRS 11.250 Disabilitiespreventing running of statute. If a personentitled to bring an action other than for the recovery of real property be, atthe time the cause of action accrued, either:

1. Within the age of 18 years; or

2. Insane; or

3. In the custodial care of the State, if placed insuch care while less than 18 years of age, except when the person isimprisoned, paroled or on probation,

the time ofsuch disability shall not be a part of the time limited for the commencement ofthe action.

[1911 CPA 34; A 1951, 54](NRS A 1973, 1577; 1977,1081)

ACTIONS BY OR ON BEHALF OF THIS STATE

NRS 11.255 Actionsby or on behalf of this State.

1. The provisions of this chapter concerning actionsother than for the recovery of real property shall apply to actions brought inthe name of the State, or for the benefit of the State, in the same manner asto actions by private individuals.

2. Except as provided in NRS 11.030 and 11.040, there shall be no limitation ofactions brought in the name of the State, or for the benefit of the State, forthe recovery of real property.

(Added to NRS by 1963, 362)

MISCELLANEOUS LIMITATIONS

NRS 11.260 Actionto recover estate sold by guardian. No actionfor the recovery of any estate sold by a guardian can be maintained by theward, or by any person claiming under him, unless it is commenced within 3years next after the termination of the guardianship.

[1911 CPA 21; RL 4963; NCL 8520]

NRS 11.270 Actionto recover estate sold by executor or administrator. Noaction for the recovery of any estate sold by an executor or administrator inthe course of any probate proceeding can be maintained by any heir or otherperson claiming under the decedent, unless it be commenced within 3 years nextafter the sale. An action to set aside the sale may be instituted andmaintained at any time within 3 years from the discovery of the fraud or otherlawful grounds upon which the action is based.

[1911 CPA 22; RL 4964; NCL 8521]

NRS 11.275 Actionagainst estate for which letters of administration have not been issued.

1. Except as provided in subsection 2, no action canbe maintained against an estate for which letters of administration have notbeen issued unless it is commenced within 3 years next after the death of thedecedent.

2. This section does not affect:

(a) Any lien created by a mortgage or deed of trustwhich is recorded or a security agreement which is filed.

(b) The rights of any person who is in possession ofpersonal property of the estate.

(Added to NRS by 1979, 652)

NRS 11.280 Legaldisability prevents running of statute. NRS 11.260 and 11.270 shall not apply to minors or othersunder any legal disability to sue at the time when the right of action firstaccrues, but all such persons may commence an action at any time within 1 yearafter the removal of the disability.

[1911 CPA 23; RL 4965; NCL 8522]

NRS 11.290 Nolimitation of action for deposit of money or property; exception. Except as otherwise provided in subsection 5 of NRS 104.3118, to actions brought torecover money or other property deposited with any bank, credit union, banker,trust company or savings and loan society, there is no limitation.

[1911 CPA 32; RL 4974; NCL 8531](NRS A 1993,1316; 1999, 1454)

NRS 11.300 Absencefrom State suspends running of statute. If,when the cause of action shall accrue against a person, he be out of the State,the action may be commenced within the time herein limited after his return tothe State; and if after the cause of action shall have accrued he depart theState, the time of his absence shall not be part of the time prescribed for thecommencement of the action.

[1911 CPA 33; RL 4975; NCL 8532]

NRS 11.310 Deathof person entitled to bring action before limitation expires; death of personagainst whom an action may be brought.

1. If the person entitled to bring an action diesbefore the expiration of the time limited for the commencement thereof, and thecause of action survives, an action may be commenced by his representatives,after the expiration of that time, and within 1 year from his death.

2. If a person against whom an action may be broughtdies before the expiration of the time limited for the commencement thereof,and the cause of action survives, an action may be commenced against hisexecutors or administrators after the expiration of that time, and within 1year after the issuing of letters testamentary or of administration; provided:

(a) The final account of such executor or administratorin the estate of such decedent be not sooner filed, and that a claim thereforbe presented as required by the law governing estates of deceased persons.

(b) That no real estate of a deceased person shall beliable for his debts other than recorded encumbrances, unless letterstestamentary or of administration be granted within 3 years from the date ofthe death of such decedent, any law to the contrary notwithstanding.

[Part 1911 CPA 35; A 1925, 17; NCL 8534]

NRS 11.320 Statutesuspended when person against whom cause of action exists dies out of State. If a person against whom a cause of action exists dieswithout the State, the time which elapses between his death and the expirationof 1 year after the issuing, within this state, of letters testamentary orletters of administration is not a part of the time limited for thecommencement of an action therefor against his executor or administrator.

[1911 CPA 36; RL 4978; NCL 8535]

NRS 11.330 Actionby enemy alien; war suspends limitation. Whena person shall be an alien subject, or citizen of a country at war with theUnited States, the time of the continuance of the war shall not be a part ofthe period limited for the commencement of the action; but nothing in thissection shall be so construed as to consider any citizen or person of any stateengaged in rebellion against the United States Government as an alien.

[1911 CPA 37; RL 4979; NCL 8536]

NRS 11.340 Reversalof judgment; new action to be brought within 1 year. Ifan action shall be commenced within the time prescribed therefor, and ajudgment therein for the plaintiff be reversed on appeal, the plaintiff, or ifhe die and the cause of action survive, his heirs or representatives, maycommence a new action within 1 year after the reversal.

[1911 CPA 38; RL 4980; NCL 8537]

NRS 11.350 Actionstayed by injunction. When the commencement ofone action shall be stayed by injunction or statutory prohibition, the time ofthe continuance of the injunction or prohibition shall not be part of the timelimited for the commencement of the action.

[1911 CPA 39; RL 4981; NCL 8538]

NRS 11.360 Disabilitymust exist when right of action accrued. No personshall avail himself of a disability, unless it existed when his right of actionaccrued.

[1911 CPA 40; RL 4982; NCL 8539]

NRS 11.370 Coexistingdisabilities must be removed. When two or moredisabilities coexist, at the time the right of action accrues, the limitationshall not attach until they all be removed.

[1911 CPA 41; RL 4983; NCL 8540]

NRS 11.380 Actionsagainst directors or stockholders of corporations. Thepreceding sections of this chapter shall not affect actions against directorsor stockholders of a corporation to recover a penalty or forfeiture imposed orto enforce a liability created by law; but such actions must be brought within3 years after the discovery, by the aggrieved party, of the facts upon whichthe penalty or forfeiture attached, or the liability was created.

[1911 CPA 42; RL 4984; NCL 8541]

NRS 11.390 Acknowledgmentor new promise must be in writing; exception. Noacknowledgment or promise shall be sufficient evidence of a new or continuingcontract whereby to take the case out of the operation of this chapter, unlessthe same be contained in some writing signed by the party to be chargedthereby, except as provided in NRS 11.200.

[1911 CPA 43; RL 4985; NCL 8542]

RECOMMENCEMENT OF CERTAIN ACTIONS

NRS 11.500 Recommencementof actions dismissed for lack of subject matter jurisdiction.

1. Notwithstanding any other provision of law, andexcept as otherwise provided in this section, if an action that is commencedwithin the applicable period of limitations is dismissed because the courtlacked jurisdiction over the subject matter of the action, the action may berecommenced in the court having jurisdiction within:

(a) The applicable period of limitations; or

(b) Ninety days after the action is dismissed,

whichever islater.

2. An action may be recommenced only one time pursuantto paragraph (b) of subsection 1.

3. An action may not be recommenced pursuant toparagraph (b) of subsection 1 more than 5 years after the date on which theoriginal action was commenced.

4. Paragraph (b) of subsection 1 does not apply to acontract that is subject to the provisions of chapter104 of NRS.

(Added to NRS by 2003, 2134; A 2005, 247)

 

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