Assembly Committee: Judiciary Exhibit: S Page 1 of 55 Date
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April 4th, 2019 Skip Daly Nevada State Assembly Re: AB 421- OPPOSE Dear Assembly Member Skip Daly: This letter is in reference to Assembly Bill 421, which is scheduled to be heard in the Judiciary Committee next week. This bill would be detrimental to the construction industry by allowing lawsuits with no specific detail or provided location of defects or damages. This will overall reduce accessibility of attainable housing for many, due to the increase costs incurred by so many small businesses having to deal with these frivolous lawsuits. This will increase housing costs across the State, instead of reducing them which is much needed, especially in Northern Nevada. The increased costs on small businesses will very likely cause many in the construction industry to lose their jobs. This bill will also reduce access to those who legitimately have a need for help with defect claims, as well as limiting the ability for builders to fix and repair homeowners issues. The changes made in this bill will negatively affect both the small businesses and homeowners. Thank you for talking the time to review my concerns on this piece of legislation. After this bill comes up for a vote, I would appreciate being informed as to how you voted and why. I am available to answer questions or provide testimony on this important issue. Sincerely, Adam Edginton April 4th, 2019 Ira Hansen Nevada State Senate Re: AB 421- OPPOSE Dear Senator Ira Hansen: This letter is in reference to Assembly Bill 421, which is scheduled to be heard in the Judiciary Committee next week. This bill would be detrimental to the construction industry by allowing lawsuits with no specific detail or provided location of defects or damages. This will overall reduce accessibility of attainable housing for many, due to the increase costs incurred by so many small businesses having to deal with these frivolous lawsuits. This will increase housing costs across the State, instead of reducing them which is much needed, especially in Northern Nevada. The increased costs on small businesses will very likely cause many in the construction industry to lose their jobs. This bill will also reduce access to those who legitimately have a need for help with defect claims, as well as limiting the ability for builders to fix and repair homeowners issues. The changes made in this bill will negatively affect both the small businesses and homeowners. Thank you for talking the time to review my concerns on this piece of legislation. After this bill comes up for a vote, I would appreciate being informed as to how you voted and why. I am available to answer questions or provide testimony on this important issue. Sincerely, '----7'~;;.. ,. .. "· ., L-- ,/ ~ Adam~ S-2 April 3, 2019 Assemblyman Skip Daly Nevada Assembly Re:AB421 Dear Assemblyman, As your constituent, I implore you to oppose AB 421. This legislation is not about construction defect reform. The evidence shows that since 2015, homebuyer defects are being addressed in a timelier manner without tying up our court system with frivolous lawsuits. Please vote on the evidence. The proposed amendments to chapter 40 will have repercussions that will hinder homebuyer's ability to have legitimate claims processed timely, raise insurance premiums for builders that may negatively impact home prices and invariably drive many builders out of the market thus costing many their jobs and livelihood. The proposed amendments for Section 2 eliminate the requirement that the claimant list each defect in their complaint? How does the builder know what subcontractors or suppliers to notify for the warranty? This section also proposes striking the requirement for the claimant to notify the contractor of the location of the alleged defect! Why would that be stricken? Do we not want the contractor to know where a defect is? This amendment similarly strikes a requirement that the claimant sign acknowledgement that they are reporting the alleged defect. The only reason to remove those requirements is to allow a complaint without the knowledge of the owner or have actual evidence of a defect. This is like throwing stuff at the wall to see what sticl<s. Proposed amendments to Section 3 subsection 1 {b) deletes a requirement that the claimant and any "expert" be present when the contractor inspects the alleged defect. Please ask yourself why. Why would they want to provide vague information on a complaint that doesn't have to be acknowledged by the person or persons damaged by the alleged defects and allow expert opinions that do have to back up their findings on potential defects that they do not have to locate? Can you tell me how this serves the homebuyer? It doesn't. This serves the predatory lawyers who wish to guess on potential defects, see if anything sticks, and then collect fee's regardless of the adequate completion of actual claims. This Is further evidenced by the proposed amendment in Section 5 subsection 1 {e) where "constructional defects proven by claimant" is deleted from additional costs awarded language. Mr. Daly I will be at the hearing on Tuesday and hope to hear you bring up these points and others concerning these amendments. If you do not have the answers to the questions I have posed here I hope to hear you seek the answers at the hearing. ~----•1rn•-,~~w~.. , ...... --~••1,o,-...................~,, .. .,,~.,,-w,rn•• S-3 From: To: Assembly Judiciary Exhibits Subject: Opposition to AB421 Date: Monday, April 8, 2019 8:51:42 AM Good Morning, I am writing to express my vote against AB421. For the past 19 years I have operated my own business as a residential subcontractor in Southern Nevada. My companies Silver State Fireplaces, Inc. and Hearth & Home Specialties, Inc. have performed work on thousands of homes in Las Vegas, Pahrump, & Mesquite. I currently employ more than 20 people and my business is their source of income to feed their families. My company survived the housing crash as well as the numerous frivolous lawsuits that we were subjected to due to the poorly written laws prior to the passing of AB125. AB125 is well written and protects the rights of homeowners as well as protecting those of us who do our jobs correctly from being subjected to lawsuits that truly have no merit. Prior to AB125 I had literally dozens of CD suits in process of which we were not named on defect lists at all, but the claimant attorney's refused to release us until our insurance company made some form of monetary contribution. That's simply wrong and grossly unfair. It drove my insurance costs up to a point where that cost along with the mounting stack of demands to pay the required occurrence deductibles forced me to close my original business. That's the true cost of badly written laws that allow for opportunistic people to take advantage of them. I provide a good workplace for my employees and we take pride in what we do. We should not have to be concerned that we can repetitively be sued for doing our job correctly. We deserve to be protected from these money grab lawsuits. I respectfully request that you do the right thing and oppose AB421. Sincerely, Danny Check President HE:ARTM I-IOME: S P E C I A L T I E S, I N C. PH - 702-474-4099 FAX - 702-474-4428 www.hnhsi.com S-4 From: Christine Dessormeau [Wengert ES] To: Assembly Judiciary Exhibits Subject: Concerned Citizen Date: Thursday, April 4, 2019 8:34:31 PM Good evening, My name is Christine Dessormeau and I have worked for Clark County School District since 2004. I am writing this letter as a concerned citizen and mom for my daughter and son in law who work in the construction industry. I have been following the AB421 law and notice that this law will kill jobs in the industry. This hurts to see how stressful this has made my children. They have worked for the industry for many years and have had to struggle every step of the way. As a parent, you never want to see your children hurt and will do what it takes for someone to hear my voice. Please vote against this and save not only my families careers but many others. What would Vegas become without them? I couldn't work for the 5th Largest School District if all my families would have to leave the area due to being out of work. Many of the industry employees are struggling to keep food on the table, clothes on the children's back, a stable home, and happy homes because of long hours. This effects my students home life which also effects me! Please VOTE No! Thank you S-5 Aaron West From: -Ann Sent: Sunday, April 7, 2019 3:24 PM To: Aaron West Subject: Oppose AB421 I am writing this e-mail as a Nevada resident of Humboldt County. I Oppose AB421! Leeann Harris 1 S-6 From: Dirk Jansse To: Assembly Judiciary Exhibits Subject: AB421 Date: Sunday, April 7, 2019 5:43:20 PM Hello All I would like to voice my opposition to AB421. I have been through a construction defect law suit on a home I had built 11 years prior and a second owner. The homeowners attorney’s building inspector listed 34 items that needed to be corrected. All but one item were thrown out and we repaired that item and resolved the case. The homeowner never contacted us just went straight to litigation. The biggest winner in this case were the attorneys. Thank you for your consideration and once again I urge you to oppose AB421.