HOW WILL NEVADA'S "HOMEOWNER'S PROTECTION ACT" OF 2015 AFFECT THE ETHICAL STANDARDS OF FORENSIC GEOLOGISTS?

Nevada Governor Brian Sandoval signed into law Assembly Bill No. 125, nicknamed the "Homeowner Protection Act," on February 24, 2015. This new law made a number of sweeping changes to Nevada's construction defect statutes, including the establishment of a new requirement that Plaintiffs' forensic experts, including geologic experts, attend pre-litigation inspections requested by the defense parties, and identify "the exact location of each alleged construction defect for which the expert provided an opinion."

The Las Vegas Valley, the most populous urbanized area in Nevada, is known to have numerous problematic geological and geotechnical conditions, including expansive soil, collapsible soil, corrosive soil, soluble soil, cemented caliche soil, ground fissures, ground subsidence, and local high groundwater. These conditions cause residential damage in the form of settlement, corrosion, saturation, and perhaps, the most common type of residential damage in the Las Vegas Valley, foundation heave.

Forensic engineering geologists typically evaluate residential damage by first carefully observing, measuring, and mapping damage that is readily visible at the subject residence, and performing a manometer or floor level survey. Following the initial site visit, geologists typically perform a reconnaissance of the neighborhood, a review of air photos, and research of published and unpublished geologic maps and construction records. In many investigations, a subsequent floor level survey is performed after the passage of approximately one year, so as to assess the current activity of ground movement.

Given that the "Homeowner Protection Act" has been in effect for less than one year, it remains to be seen exactly how the requirement that Plaintiffs' forensic geologists meet with the Defendants' forensic geologists and potentially other interested parties at each site in a pre-litigation inspection will affect the ethical standards of forensic geologists. However, it appears that this new requirement could ultimately have a very beneficial effect. If so, then perhaps other states will follow Nevada's lead in mandating this requirement, potentially resulting in an overall positive impact on the ethical standards of forensic scientists and engineers throughout the nation.