An unbuilt building can't have design defects
Or at, least can’t have design defects covered by NRS Chapter 40.
In Pankopf v. Peterson, the Nevada Supreme Court held that Chapter 40 provisions governing the litigation of design defects do not apply to blueprints for a residence never constructed. The Pankopfs had engaged the services of Peterson, an architect, who provided blueprints for a new residence. The construction was never finished. In a suit claiming breach of oral contract, negligence and incompetence, and professional negligence, the Pankopfs alleged that deficiencies in the blueprints prevented the completion of construction.
The district court dismissed for failure to comply with Chapter 40 requirements. The Court reversed, holding “[g]iven that the residence in this case has not been completed, it cannot constitute a “new residence” for the purposes of NRS Chapter 40.”
