Nev. Rev. Stat. § 338.173 — NV Code / Title 28 / Chapter 338 / Section 338.173
Certificate of eligibility to receive preference when competing for public works to certain design professionals: Issuance; duration; ineligibility for submission of false information; regulations; fees; written objections
Status: in_force

1. The State Board of Architecture, Interior Design and Residential Design shall issue a certificate of eligibility to receive a preference when competing for public works to a person who holds a certificate of registration to engage in the practice of architecture pursuant to the provisions of chapter 623 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the person has, while holding a certificate of registration to engage in the practice of architecture in this State: (a) Paid directly, on his or her own behalf the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit from the certified public accountant; or (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in the practice of architecture that: (1) Satisfies the requirements of NRS 623.350 ; and (2) Possesses a certificate of eligibility to receive a preference when competing for public works.

2. The State Board of Landscape Architecture shall issue a certificate of eligibility to receive a preference when competing for public works to a person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to the provisions of chapter 623A of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the person has, while holding a certificate of registration to engage in the practice of landscape architecture in this State: (a) Paid directly, on his or her own behalf the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit from the certified public accountant; or (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in the practice of landscape architecture that: (1) Satisfies the requirements of NRS 623A.250 ; and (2) Possesses a certificate of eligibility to receive a preference when competing for public works.

3. The State Board of Professional Engineers and Land Surveyors shall issue a certificate of eligibility to receive a preference when competing for public works to a professional engineer or professional land surveyor who is licensed pursuant to the provisions of chapter 625 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the professional engineer or professional land surveyor has, while licensed as a professional engineer or professional land surveyor in this State: (a) Paid directly, on his or her own behalf the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit from the certified public accountant; or (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating business that engages in engineering or land surveying that: (1) Satisfies the requirements of NRS 625.407 ; and (2) Possesses a certificate of eligibility to receive a preference when competing for public works.

4. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 1, paragraph (a) of subsection 2 and paragraph (a) of subsection 3, a person shall be deemed to have paid: (a) The excise tax imposed upon an employer by NRS 363B.110 by an affiliate or parent company of the person, if the affiliate or parent company also satisfies the requirements of NRS 623.350 , 623A.250 or 625.407 , as applicable; and (b) The excise tax imposed upon an employer by NRS 363B.110 by a joint venture in which the person is a participant, in proportion to the amount of interest the person has in the joint venture.

5. A design professional who has received a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 must, at the time for the renewal of his or her professional license or certificate of registration, as applicable, pursuant to chapter 623, 623A or 625 of NRS , submit to the applicable licensing board an affidavit from a certified public accountant setting forth that the design professional has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, as applicable, to maintain eligibility to hold such a certificate.

6. A design professional who fails to submit an affidavit to the applicable licensing board pursuant to subsection 5 ceases to be eligible to receive a preference when competing for public works unless the design professional reapplies for and receives a certificate of eligibility pursuant to subsection 1, 2 or 3, as applicable.

7. If a design professional holds more than one license or certificate of registration, the design professional must submit a separate application for each license or certificate of registration pursuant to which the design professional wishes to qualify for a preference when competing for public works. Upon issuance, the certificate of eligibility to receive a preference when competing for public works becomes part of the design professional's license or certificate of registration for which the design professional submitted the application.

8. If a design professional who applies to a licensing board for a certificate of eligibility to receive a preference when competing for public works pursuant to subsection 1, 2 or 3 submits false information to the licensing board regarding the required payment of taxes, the design professional is not eligible to receive a preference when competing for public works for a period of 5 years after the date on which the licensing board becomes aware of the submission of the false information.

9. The State Board of Architecture, Interior Design and Residential Design, the State Board of Landscape Architecture and the State Board of Professional Engineers and Land Surveyors shall adopt regulations and may assess reasonable fees relating to their respective certification of design professionals for a preference when competing for public works.

10. A person or entity who believes that a design professional wrongfully holds a certificate of eligibility to receive a preference when competing for public works may challenge the validity of the certificate by filing a written objection with the public body which selected, for the purpose of providing services for a public work, the design professional who holds the certificate. A written objection authorized pursuant to this subsection must: (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the design professional wrongfully holds a certificate of eligibility to receive a preference when competing for public works; and (b) Be filed with the public body not later than 3 business days after: (1) The date on which the public body makes available to the public pursuant to subsection 3 of NRS 338.1725 the information required by that subsection, if the design-build team of which the design professional who holds the certificate is a part was selected as a finalist pursuant to NRS 338.1725 ; (2) The date on which the Department of Transportation makes available to the public pursuant to subsection 3 of NRS 408.3885 the information required by that subsection, if the design-build team of which the design professional who holds the certificate is a part was selected as a finalist pursuant to NRS 408.3885 ; or (3) The date on which the licensing board which issued the certificate to the design professional posted on its Internet website the information required by NRS 338.1425 , if the design professional is identified in that information as being selected for a contract governed by NRS 338.155 .

11. If a public body receives a written objection pursuant to subsection 10, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and the public body or its authorized representative may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the design professional qualifies for the certificate pursuant to the provisions of this section and the public body or its authorized representative may proceed to award the contract accordingly.
Nev. Rev. Stat. § 338.164 — NV Code / Title 28 / Chapter 338 / Section 338.164
Request for submission of proposals by public body
Status: in_force

If a public body receives a request regarding a transportation facility pursuant to NRS 338.163 and the public body determines that the transportation facility serves a public purpose, the public body may request other persons to submit proposals to develop, construct, improve, maintain or operate, or any combination thereof, the transportation facility.
Nev. Rev. Stat. § 338.155 — NV Code / Title 28 / Chapter 338 / Section 338.155
Provisions relating to design professional who is not member of design-build team
Status: in_force

1. If a public body enters into a contract with a design professional who is not a member of a design-build team, for the provision of services in connection with a public work, the contract: (a) Must set forth: (1) The specific period within which the public body must pay the design professional. (2) The specific period and manner in which the public body may dispute a payment or portion thereof that the design professional alleges is due. (3) The terms of any penalty that will be imposed upon the public body if the public body fails to pay the design professional within the specific period set forth in the contract pursuant to subparagraph (1). (4) That the prevailing party in an action to enforce the contract is entitled to reasonable attorney's fees and costs. (b) May set forth the terms of any discount that the public body will receive if the public body pays the design professional within the specific period set forth in the contract pursuant to subparagraph (1) of paragraph (a). (c) May set forth the terms by which the design professional agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design professional, if the policy allows such an addition. (d) Must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers or agents of the public body. (e) May require the design professional to indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys' fees and costs, to the extent that such liabilities, damages, losses, claims, actions or proceedings are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design professional or the employees or agents of the design professional in the performance of the contract. (f) Must not require the design professional to defend the public body and the employees, officers and agents of the public body with respect to the liabilities, damages, losses, claims, actions or proceedings caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design professional or the employees or agents of the design professional which are based upon or arising out of the professional services of the design professional. If the design professional is adjudicated to be liable by a trier of fact, the trier of fact shall award reasonable attorney's fees and costs to be paid to the public body, as reimbursement for the attorney's fees and costs incurred by the public body in defending the action, by the design professional in an amount which is proportionate to the liability of the design professional. (g) May require the design professional to defend the public body and the employees, officers and agents of the public body with respect to the liabilities, damages, losses, claims, actions or proceedings caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design professional or the employees or agents of the design professional which are not based upon or arising out of the professional services of the design professional.

2. Any provision of a contract entered into by a public body and a design professional who is not a member of a design-build team that conflicts with the provisions of paragraph (d), (e), (f) or (g) of subsection 1 is void.

3. As used in this section, “ agents ” means those persons who are directly involved in and acting on behalf of the public body or the design professional, as applicable, in furtherance of the contract or the public work to which the contract pertains.
Nev. Rev. Stat. § 338.1442 — NV Code / Title 28 / Chapter 338 / Section 338.1442
Local government to award contract for smaller public work to contractor or perform public work itself
Status: in_force

If the estimated cost of a public work is $100,000 or less, a local government shall:

1. Award a contract for the completion of the public work to a properly licensed contractor in accordance with NRS 338.1444 ; or

2. Perform the public work itself in accordance with NRS 338.1446 .
Nev. Rev. Stat. § 338.415 — NV Code / Title 28 / Chapter 338 / Section 338.415
“Progress bill” defined
Status: in_force

“Progress bill” means a bill for a portion of the supplies, work performed or services provided by a contractor, subcontractor or supplier for a public work.
Nev. Rev. Stat. § 338.200 — NV Code / Title 28 / Chapter 338 / Section 338.200
Prohibition against naming public building or structure after current member of governing body
Status: in_force

No public building or other public structure, other than a street or road, may be named after a person who is at the time a member of the governing body which has jurisdiction or control over the building or structure or which is responsible for it.
Nev. Rev. Stat. § 338.1581 — NV Code / Title 28 / Chapter 338 / Section 338.1581
“Concession” defined
Status: in_force

“ Concession ” means any lease, ground lease, franchise, easement, permit, right of entry, operating agreement or other binding agreement transferring rights for the use or control, in whole or in part, of a transportation facility by a public body to a private partner.
Nev. Rev. Stat. § 338.635 — NV Code / Title 28 / Chapter 338 / Section 338.635
Action by subcontractor or supplier to remedy unjustified or excessive withholding
Status: in_force

1. A subcontractor or supplier who believes that the amount withheld by the contractor or subcontractor is not justified or is excessive may apply to the district court of the county where the public work or a part thereof is located for an order directing the contractor or subcontractor to appear before the court to show cause why the relief requested should not be granted.

2. The motion must: (a) Set forth the grounds upon which relief is requested; and (b) Be accompanied by a notarized affidavit signed by the petitioner or his or her attorney that sets forth the facts upon which the motion is based.

3. If the court orders a hearing based upon the motion, the petitioner shall serve the notice of the motion and the order of the court on the respondent within 3 days after the court issues the order. The court shall conduct the hearing not less than 10 days and not more than 20 days after the court issues the order for a hearing.

4. The order for a hearing must include a statement that, if the respondent fails to appear at the time and place of the hearing, the court will order the respondent to pay to the petitioner: (a) The entire amount that was withheld by the respondent, or a portion thereof; (b) Interest on the amount that was withheld by the respondent, or a portion thereof; (c) The costs incurred by the petitioner, including, without limitation, his or her attorney's fees; or (d) Any combination of paragraphs (a), (b) and (c).

5. If, when the motion is filed, there is a civil action pending between the petitioner and the respondent, the motion must be consolidated into the civil action.

6. If the court determines that: (a) The amount withheld is not justified, the court shall order the respondent to pay to the petitioner the amount that was withheld. (b) The amount withheld is excessive, the court shall order the respondent to pay to the petitioner an amount determined by the court. (c) The amount withheld is justified, the court shall issue an order approving the amount that was withheld by the respondent.

7. The proceedings conducted pursuant to the provisions of this section do not affect any other rights or remedies provided by law or contract.
Nev. Rev. Stat. § 338.1386 — NV Code / Title 28 / Chapter 338 / Section 338.1386
State or local government to award contract for smaller public work to contractor or perform public work itself
Status: in_force

If the estimated cost of a public work is $100,000 or less, this State or a local government shall:

1. Award a contract for the completion of the public work to a properly licensed contractor in accordance with NRS 338.13862 ; or

2. Perform the public work itself in accordance with NRS 338.13864 .
Nev. Rev. Stat. § 338.1375 — NV Code / Title 28 / Chapter 338 / Section 338.1375
State public works: Acceptance of bids from qualified bidders only; adoption and use of criteria for qualification of bidders
Status: in_force

1. The Division shall not accept a bid on a contract for a public work unless the contractor who submits the bid has qualified pursuant to NRS 338.1379 to bid on that contract.

2. The State Public Works Board shall by regulation adopt criteria for the qualification of bidders on contracts for public works of this State. The criteria adopted by the State Public Works Board pursuant to this section must be used by the Division to determine the qualification of bidders on contracts for public works of this State.

3. The criteria adopted by the State Public Works Board pursuant to this section: (a) Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person. (b) May include only: (1) The financial ability of the applicant to perform a contract; (2) The principal personnel of the applicant; (3) Whether the applicant has breached any contracts with a public body or person in this State or any other state; (4) Whether the applicant has been disqualified from being awarded a contract pursuant to NRS 338.017 , 338.13845 or 338.13895 ; (5) Whether the applicant has been disciplined or fined by the State Contractors' Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the public work; (6) The performance history of the applicant concerning other recent, similar contracts, if any, completed by the applicant; and (7) The truthfulness and completeness of the application.
Nev. Rev. Stat. § 338.1377 — NV Code / Title 28 / Chapter 338 / Section 338.1377
Local government public works: Adoption of criteria for qualification of bidders
Status: in_force

Except as otherwise provided in NRS 338.1382 , if a governing body that sponsors or finances a public work elects to award contracts for public works pursuant to the provisions of NRS 338.1377 to 338.139 , inclusive, the governing body shall adopt the following criteria for determining whether a person who has applied pursuant to NRS 338.1379 is qualified to bid on contracts for public works of the local government:

1. Whether the applicant possesses a valid contractor's license of a class corresponding to the work to be required by the local government;

2. Whether the applicant has the ability to obtain the necessary bonding for the work to be required by the local government;

3. Whether the applicant has successfully completed an appropriate number of projects as determined by the local government, but not to exceed five projects, during the 5 years immediately preceding the date of application of similar size, scope or type as the work to be required by the local government;

4. Whether the principal personnel employed by the applicant have the necessary professional qualifications and experience for the work to be required by the local government;

5. Whether the applicant has breached any contracts with a public agency or person in this State or any other state during the 5 years immediately preceding the date of application;

6. Whether the applicant has been disqualified from being awarded a contract pursuant to NRS 338.017 or 338.13895 ;

7. Whether the applicant has been convicted of a violation for discrimination in employment during the 2 years immediately preceding the date of application;

8. Whether the applicant has the ability to obtain and maintain insurance coverage for public liability and property damage within limits sufficient to protect the applicant and all the subcontractors of the applicant from claims for personal injury, accidental death and damage to property that may arise in connection with the work to be required by the local government;

9. Whether the applicant has established a safety program that complies with the requirements of chapter 618 of NRS ;

10. Whether the applicant has been disciplined or fined by the State Contractors' Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the work to be required by the local government;

11. Whether, during the 5 years immediately preceding the date of application, the applicant has filed as a debtor under the provisions of the United States Bankruptcy Code;

12. Whether the application of the applicant is truthful and complete; and

13. Whether, during the 5 years immediately preceding the date of application, the applicant has, as a result of causes within the control of the applicant or a subcontractor or supplier of the applicant, failed to perform any contract: (a) In the manner specified by the contract and any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative; (b) Within the time specified by the contract unless extended by the person or governmental entity that awarded the contract or its authorized representative; or (c) For the amount of money specified in the contract or as modified by any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative.

Evidence of the failures described in this subsection may include, without limitation, the assessment of liquidated damages against the applicant, the forfeiture of any bonds posted by the applicant, an arbitration award granted against the applicant or a decision by a court of law against the applicant.
Nev. Rev. Stat. § 338.1721 — NV Code / Title 28 / Chapter 338 / Section 338.1721
Qualifications of design-build team
Status: in_force

To qualify to participate in a project for the design and construction of a public work, a design-build team must:

1. Have the ability to obtain a performance bond and payment bond as required pursuant to NRS 339.025 ;

2. Have the ability to obtain insurance covering general liability and liability for errors and omissions;

3. Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for preliminary proposals;

4. Not have been disqualified from being awarded a contract pursuant to NRS 338.017 , 338.13895 , 338.1475 or 408.333 ;

5. Ensure that the members of the design-build team possess the licenses and certificates required to carry out the functions of their respective professions within this State; and

6. If the project is for the design and construction of a public work of the State, ensure that the prime contractor is qualified to bid on a public work of the State pursuant to NRS 338.1379 .
Nev. Rev. Stat. § 341.085 — NV Code / Title 28 / Chapter 341 / Section 341.085
Regulations
Status: in_force

The Board shall:

1. Consider the recommendations of the Administrator when adopting regulations; and

2. Adopt such regulations as it determines are necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the duties of the Public Works - Compliance and Code Enforcement Section or the Public Works - Professional Services Section.
Nev. Rev. Stat. § 342.045 — NV Code / Title 28 / Chapter 342 / Section 342.045
Duty to adopt policies to provide relocation assistance and make relocation payments
Status: in_force

Before undertaking a project that will result in the displacement of a natural person or a business, each governmental body, or person acting on behalf of, under contract with or in cooperation with the governmental body, shall adopt policies pursuant to NRS 342.015 to 342.075 , inclusive, to provide relocation assistance and make relocation payments to each person, whether an owner or a tenant, who is displaced from his or her dwelling or business establishment as a result of the acquisition of property in a manner substantially similar to and in amounts equal to or greater than those which are provided for in the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601 - 4655 , and the regulations adopted pursuant thereto. Nothing in this section prohibits the payment of relocation benefits to a renter or lessee of real property whose tenancy is from month to month.
Nev. Rev. Stat. § 338.13841 — NV Code / Title 28 / Chapter 338 / Section 338.13841
“Business owned and operated by a veteran with a service-connected disability” defined
Status: in_force

“ Business owned and operated by a veteran with a service-connected disability ” means a business:

1. Of which at least 51 percent of the ownership interest is held by one or more veterans with service-connected disabilities;

2. That is organized to engage in commercial transactions; and

3. That is managed and operated on a day-to-day basis by one or more veterans with service-connected disabilities.

The term includes a business which meets the above requirements that is transferred to the spouse of a veteran with a service-connected disability upon the death of the veteran, as determined by the United States Department of Veterans Affairs.
Nev. Rev. Stat. § 338.162 — NV Code / Title 28 / Chapter 338 / Section 338.162
Alternative methods of authorization
Status: in_force

A public body may authorize a person to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility pursuant to NRS 338.163 or 338.164 .
Nev. Rev. Stat. § 338.565 — NV Code / Title 28 / Chapter 338 / Section 338.565
Payment of interest on amounts withheld improperly
Status: in_force

1. If a contractor makes payment to a subcontractor or supplier more than 10 days after the occurrence of any of the following acts or omissions: (a) The contractor fails to pay his or her subcontractor or supplier in accordance with the provisions of subsection 1 of NRS 338.550 ; (b) The contractor fails to give his or her subcontractor or supplier the written notice of any withholding as required by subsections 2 and 3 of NRS 338.560 ; or (c) The contractor receives a subcontractor's or supplier's written notice of correction of the condition set forth pursuant to subsection 4 of NRS 338.560 as the reason for the withholding, signed by an authorized agent of the subcontractor or supplier, and fails to: (1) Pay the amount of the progress payment or retainage payment that was withheld from his or her subcontractor or supplier within 10 days after the contractor receives the next progress bill or retainage bill; or (2) Object to the scope and manner of the correction, within 10 days after receiving the written notice of correction, in a written statement that sets forth the reason for the objection and is signed by an authorized agent of the subcontractor, statement that sets forth the reason for the objection and is accompanied by a notarized affidavit signed by the contractor, the contractor shall pay to the subcontractor or supplier, in addition to the entire amount of the progress bill or the retainage bill or any unpaid portion thereof, interest from the 10th day on the amount delayed, at a rate equal to the lowest daily prime rate at the three largest banks or other financial institutions of the United States on the date the contract was executed plus 2 percent, until payment is made to the subcontractor or supplier.

2. If the contractor objects pursuant to subparagraph (2) of paragraph (c) of subsection 1, the contractor shall pay to the subcontractor or supplier an amount that is equal to the value of the corrections to which the contractor does not object.
Nev. Rev. Stat. § 338.1381 — NV Code / Title 28 / Chapter 338 / Section 338.1381
State and local government public works: Procedure upon appeal of denial of application to qualify as bidder or disqualification of subcontractor
Status: in_force

1. If, within 10 days after receipt of the notice denying an application pursuant to NRS 338.1379 or 338.16991 or disqualifying a subcontractor pursuant to NRS 338.1376 , the applicant or subcontractor, as applicable, files a written request for a hearing with the Division or the local government, the State Public Works Board or governing body shall set the matter for a hearing within 20 days after receipt of the request. The hearing must be held not later than 45 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.

2. The hearing must be held at a time and place prescribed by the Board or local government. At least 10 days before the date set for the hearing, the Board or local government shall serve the applicant or subcontractor with written notice of the hearing. The notice may be served by personal delivery to the applicant or subcontractor or by certified mail to the last known business or residential address of the applicant or subcontractor.

3. The applicant or subcontractor has the burden at the hearing of proving by substantial evidence that the applicant is entitled to be qualified to bid on a contract for a public work, or that the subcontractor is qualified to be a subcontractor on a contract for a public work.

4. In conducting a hearing pursuant to this section, the Board or governing body may: (a) Administer oaths; (b) Take testimony; (c) Issue subpoenas to compel the attendance of witnesses to testify before the Board or governing body; (d) Require the production of related books, papers and documents; and (e) Issue commissions to take testimony.

5. If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena issued pursuant to subsection 4, the Board or governing body may petition the district court to order the witness to appear or testify or produce the requested books, papers or documents.

6. The Board or governing body shall issue a decision on the matter during the hearing. The decision of the Board or governing body is a final decision for purposes of judicial review.
Nev. Rev. Stat. § 339.015 — NV Code / Title 28 / Chapter 339 / Section 339.015
Definitions
Status: in_force

As used in this chapter:

1. “Claimant” includes a natural person, firm, partnership, association or corporation.

2. “Contracting body” means the State, county, city, town, school district, or any public agency of the State or its political subdivisions which has authority to contract for the construction, alteration or repair of any public building or other public work or public improvement.
Nev. Rev. Stat. § 338.535 — NV Code / Title 28 / Chapter 338 / Section 338.535
Public body to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers
Status: in_force

Within 5 working days after a public body receives a written request from a subcontractor or supplier of the contractor with respect to a contract which has not been fully performed, the public body shall notify the subcontractor or supplier in writing of the following:

1. The date the public body made a specified progress payment or retainage payment to a contractor;

2. Whether the public body has paid the entire amount of a specified progress payment or retainage payment to the contractor; and

3. The amount withheld by the public body from a specified progress payment or retainage payment to the contractor, if any.
Nev. Rev. Stat. § 341.151 — NV Code / Title 28 / Chapter 341 / Section 341.151
Calculation of final total cost of building including initial construction costs and operating costs for expected useful life of building; statement of proposed source of funding
Status: in_force

1. The Division shall provide for a system of accounting for the total costs of state buildings throughout their expected useful life, taking into account all expenses of maintenance and operation.

2. Each proposal for the construction of a state building must include: (a) Figures showing the final total cost of the building, which is the sum of: (1) Initial construction costs; and (2) Operating costs for the expected useful life of the building, including maintenance, heating, lighting and air-conditioning; and (b) A statement of the proposed source of funding for the final total cost of the building.
Nev. Rev. Stat. § 340.060 — NV Code / Title 28 / Chapter 340 / Section 340.060
Inclusion of several parcels
Status: in_force

Any number of parcels of land, whether owned by the same or different persons and whether contiguous or not, may be included and condemned in one proceeding if such parcels are to be used for a single public works project.
Nev. Rev. Stat. § 339.055 — NV Code / Title 28 / Chapter 339 / Section 339.055
Actions on payment bonds: Venue; limitation of actions
Status: in_force

1. Every action on a payment bond as provided in NRS 339.035 shall be brought in the appropriate court of the political subdivision where the contract for which the bond was given was to be performed.

2. No such action may be commenced after the expiration of 1 year from the date on which the claimant performed the last of the labor or furnished the last of the materials for the payment of which such action is brought.
Nev. Rev. Stat. § 338.175 — NV Code / Title 28 / Chapter 338 / Section 338.175
Substantially incomplete or rejected plans submitted by registered architect, interior designer, residential designer or landscape architect
Status: in_force

A public body shall notify the State Board of Architecture, Interior Design and Residential Design or the State Board of Landscape Architecture, as applicable, in writing if a registered architect, interior designer, residential designer or landscape architect:

1. Submits plans for a project which are substantially incomplete; or

2. Submits plans for the same project which are rejected by the public body at least three times.
Nev. Rev. Stat. § 341.1265 — NV Code / Title 28 / Chapter 341 / Section 341.1265
Temporary transfer of money from State General Fund to state building construction project accounts for projects financed with federal money authorized
Status: in_force

Whenever properly approved claims payable out of a particular state building construction project account exceed the amount that is available in such project account, if the project is one which is financed in part by funds that are made available to the Division by the United States or any of its agencies or instrumentalities, the State Controller may transfer temporarily from the General Fund to such project account such amount as may be required to pay such claims, but not more than 50 percent of the funds collectible from the United States for the particular project.
Nev. Rev. Stat. § 338.148 — NV Code / Title 28 / Chapter 338 / Section 338.148
Awarding of contract to specialty contractor: Conditions
Status: in_force

1. A local government or its authorized representative may award a contract for a public work to a specialty contractor pursuant to NRS 338.143 to 338.1475 , inclusive, if: (a) The majority of the work to be performed on the public work to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and (b) The public work to which the contract pertains is not part of a larger public work.

2. If a local government or its authorized representative awards a contract to a specialty contractor pursuant to NRS 338.143 to 338.1475 , inclusive, all work to be performed on the public work to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who is licensed to perform such work.
Nev. Rev. Stat. § 338.1475 — NV Code / Title 28 / Chapter 338 / Section 338.1475
Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor before contract is awarded; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work and award of new contract without rebidding
Status: in_force

1. A local government or its authorized representative awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of the person’s license. A subcontractor who is: (a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141 ; and (b) Not properly licensed for that portion of the work, shall be deemed unacceptable. If the subcontractor is deemed unacceptable pursuant to this subsection, the contractor shall provide an acceptable subcontractor.

2. If, after awarding the contract, but before commencement of the work, the local government or its authorized representative discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed the person’s license, the local government or its authorized representative shall rescind the award of the contract and may accept the next lowest bid for that public work from a responsive and responsible bidder without requiring that new bids be submitted.
Nev. Rev. Stat. § 338.1427 — NV Code / Title 28 / Chapter 338 / Section 338.1427
Duty of State Public Works Division to report to Office of Economic Development concerning local emerging small businesses
Status: in_force

1. The Division shall submit a report every 6 months to the Office. The report must include, without limitation, for the period since the last report: (a) The number of local emerging small businesses that the Division solicited to submit a bid or proposal on a contract for a public work in this State; (b) The number of local emerging small businesses that submitted a bid or proposal on a contract for a public work in this State; (c) The number of contracts for public works of this State that were awarded by the Division to local emerging small businesses; (d) The total number of dollars' worth of contracts for public works of this State that were awarded by the Division to local emerging small businesses; (e) Whether each goal established by the Office pursuant to NRS 231.1407 has been achieved; (f) For each goal established by the Office pursuant to NRS 231.1407 that has not been achieved, information on all efforts undertaken by the Division to achieve the goals in the current fiscal year and a proposed plan for achieving the goals in the subsequent fiscal year; and (g) Any other information deemed relevant by the Office.

2. The reports required pursuant to subsection 1 must be submitted within 30 days after: (a) The end of each fiscal year; and (b) The end of each calendar year.

3. As used in this section: (a) “Local emerging small business” has the meaning ascribed to it in NRS 231.1402 . (b) “ Office ” means the Office of Economic Development.
Nev. Rev. Stat. § 338.525 — NV Code / Title 28 / Chapter 338 / Section 338.525
Withholding amounts for failure of contractor to comply with contract or applicable building code, law or regulation; payment of amounts withheld upon confirmation of correction of condition
Status: in_force

1. Except as otherwise provided in NRS 338.515 , a public body may, but is not required to, withhold from a progress payment or retainage payment an amount sufficient to pay the expenses the public body reasonably expects to incur as a result of the failure of the contractor to comply with the contract or applicable building code, law or regulation.

2. A public body shall, within 20 days after it receives a progress bill or retainage bill from a contractor, give a written notice to the contractor of any amount that will be withheld pursuant to this section. The written notice must set forth: (a) The amount of the progress payment or retainage payment that will be withheld from the contractor; and (b) A detailed explanation of the reason the public body will withhold that amount, including, without limitation, a specific reference to the provision or section of the contract, or any documents related thereto, or the applicable building code, law or regulation with which the contractor has failed to comply. The written notice must be signed by an authorized agent of the public body.

3. If the public body receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of the contractor, the public body shall, after confirming that the condition has been corrected, pay the amount withheld by the public body within 30 days after the public body receives the next progress bill or retainage bill.