Nev. Rev. Stat. § 338.0118 — NV Code / Title 28 / Chapter 338 / Section 338.0118
Adoption by local government of policies providing for use of certain recycled materials in public road and highway projects; use of such materials; exception
Status: in_force

1. The governing body of a local government that undertakes a project pursuant to this chapter for the construction, reconstruction, improvement, maintenance or repair of a public road or public highway shall adopt policies that provide for the use of recycled aggregate, recycled bituminous pavement and recycled rubber from tires in the project.

2. A local government or its authorized representative which awards a contract for a public work which includes the construction, reconstruction, improvement, maintenance or repair of a public road or public highway shall ensure that the use of any recycled aggregate, recycled bituminous pavement or recycled rubber from tires, or any combination thereof, in the construction, reconstruction, improvement, maintenance or repair of the public road or public highway is not restricted unless scientific evidence satisfactory to the local government clearly indicates that the use of the recycled aggregate, recycled bituminous pavement or recycled rubber from tires for that construction, reconstruction, improvement, maintenance or repair compromises the soundness of the project.
Nev. Rev. Stat. § 338.012 — NV Code / Title 28 / Chapter 338 / Section 338.012
Regulations of Labor Commissioner
Status: in_force

1. The Labor Commissioner may adopt such regulations as are necessary to enable the Labor Commissioner to carry out his or her duties pursuant to the provisions of this chapter.

2. Any regulation adopted by the Labor Commissioner pursuant to this chapter must be consistent with the declaration of legislative intent set forth in NRS 338.01155 .
Nev. Rev. Stat. § 338.1595 — NV Code / Title 28 / Chapter 338 / Section 338.1595
Acceptance of federal money; agreements or arrangements with United States; acceptance of grants, donations, gifts and conveyances; combination of public and private money authorized
Status: in_force

1. A public body, either directly or through a designated party, may: (a) Accept from the United States or any of its agencies money that is available to the public body for carrying out the purposes of NRS 338.158 to 338.1602 , inclusive, whether the money is made available by grant, loan or other financing arrangement. (b) Enter into agreements and other arrangements with the United States or any of its agencies as may be necessary, proper and convenient for carrying out the provisions of NRS 338.158 to 338.1602 , inclusive. (c) Accept from any source any grant, donation, gift or other form of conveyance of land, money, other real or personal property or other valuable thing made to the public body for carrying out the provisions of NRS 338.158 to 338.1602 , inclusive.

2. Except as otherwise provided in NRS 338.1596 or applicable federal law, and notwithstanding any other provision of law, money from federal, state and local sources may be combined with money from any private source for carrying out the purposes of NRS 338.158 to 338.1602 , inclusive.
Nev. Rev. Stat. § 338.490 — NV Code / Title 28 / Chapter 338 / Section 338.490
Limitations on requiring release or waiver of right to receive progress payment or retainage payment
Status: in_force

Any release or waiver required to be provided by a contractor, subcontractor or supplier to receive a progress payment or retainage payment must be:

1. Conditional for the purpose of receiving payment and shall be deemed to become unconditional upon the receipt of the money due to the contractor, subcontractor or supplier; and

2. Limited to claims related to the invoiced amount of the labor, materials, equipment or supplies that are the subject of the progress bill or retainage bill.
Nev. Rev. Stat. § 338.140 — NV Code / Title 28 / Chapter 338 / Section 338.140
Requirements and limitations relating to drafting of specifications for bids; documents generated by bidder in preparation or determination of prices included in bid
Status: in_force

1. A public body shall not draft or cause to be drafted specifications for bids, in connection with a public work: (a) In such a manner as to limit the bidding, directly or indirectly, to any one specific concern. (b) Except in those instances where the product is designated to match others in use on a particular public improvement either completed or in the course of completion, calling for a designated material, product, thing or service by specific brand or trade name unless the specification lists at least two brands or trade names of comparable quality or utility and is followed by the words “or equal” so that bidders may furnish any equal material, product, thing or service. (c) In such a manner as to hold the bidder to whom such contract is awarded responsible for extra costs incurred as a result of errors or omissions by the public body in the contract documents. (d) Except as otherwise provided in subsection 2, in such a manner as to require a bidder to furnish to the public body, whether before or after the bid is submitted, documents generated in the preparation or determination of prices included in the bid, except when requested by the public body for: (1) A determination of the price of additional work performed pursuant to a change order; (2) An evaluation of claims for costs incurred for the performance of additional work; (3) Preparation for arbitration or litigation; (4) A determination of the validity of the protest of a bid; (5) A determination of the validity of an increase or decrease in the price of a contract in accordance with a provision in the contract which authorizes such an increase or decrease to correspond to changing market conditions; or (6) Any combination thereof.

2. A public body may, at the time a bid is submitted, require documents generated in the preparation or determination of prices included in the bid to be transmitted to and stored electronically by the public body or a third party. Any document furnished by a bidder pursuant to this subsection may be transmitted and stored electronically if the manner of transmission ensures that the documents are exclusively accessible to the bidder. Electronic transmission and storage of such documents does not waive or otherwise affect the proprietary interests of the bidder in the documents, except that the third party or the bidder must release any document furnished pursuant to this subsection if requested by the public body pursuant to paragraph (d) of subsection 1.

3. In those cases involving a unique or novel product application required to be used in the public interest, or where only one brand or trade name is known to the public body, it may list only one.

4. Specifications must provide a period of time of at least 7 days after award of the contract for submission of data substantiating a request for a substitution of “an equal” item.
Nev. Rev. Stat. § 338.0117 — NV Code / Title 28 / Chapter 338 / Section 338.0117
Qualification to receive preference in bidding: Submission of affidavit to public body certifying compliance with requirements; provisions required to be included in contract; written objections for failure to comply with requirements; penalty; annual report to Legislative Commission by public body concerning such contracts
Status: in_force

1. To qualify to receive a preference in bidding pursuant to subsection 2 of NRS 338.1389, subsection 2 of NRS 338.147, subsection 3 of NRS 338.1693, subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886 , a contractor, an applicant or a design-build team, respectively, must submit to the public body sponsoring or financing a public work a signed affidavit which certifies that, for the duration of the project, collectively, and not on any specific day: (a) At least 50 percent of the workers employed on the public work, including, without limitation, any employees of the contractor, applicant or design-build team and of any subcontractor engaged on the public work, will hold a valid driver's license or identification card issued by the Department of Motor Vehicles of the State of Nevada; (b) All vehicles used primarily for the public work will be: (1) Registered and partially apportioned to Nevada pursuant to the International Registration Plan, as adopted by the Department of Motor Vehicles pursuant to NRS 706.826 ; or (2) Registered in this State; (c) If applying to receive a preference in bidding pursuant to subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886 , at least 50 percent of the design professionals working on the public work, including, without limitation, employees of the design-build team and of any subcontractor or consultant engaged in the design of the public work, will have a valid driver's license or identification card issued by the Department of Motor Vehicles of the State of Nevada; and (d) The contractor, applicant or design-build team and any subcontractor engaged on the public work will maintain and make available for inspection within this State his or her records concerning payroll relating to the public work.

2. Any contract for a public work that is awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 as a result of the contractor, applicant or design-build team receiving a preference in bidding described in subsection 1 must: (a) Include a provision in the contract that substantially incorporates the requirements of paragraphs (a) to (d), inclusive, of subsection 1; and (b) Provide that a failure to comply with any requirement of paragraphs (a) to (d), inclusive, of subsection 1 entitles the public body to a penalty only as provided in subsections 5 and 6.

3. A person who submitted a bid on the public work or an entity who believes that a contractor, applicant or design-build team has obtained a preference in bidding as described in subsection 1 but has failed to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1 may file, before the substantial completion of the public work, a written objection with the public body for which the contractor, applicant or design-build team is performing the public work. A written objection authorized pursuant to this subsection must set forth proof or substantiating evidence to support the belief of the person or entity that the contractor, applicant or design-build team has failed to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1.

4. If a public body receives a written objection pursuant to subsection 3, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to 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. If the public body determines that the objection is accompanied by the required proof or substantiating evidence or if the public body determines on its own initiative that proof or substantiating evidence of a failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1 exists, the public body shall determine whether the contractor, applicant or design-build team has failed to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1 and the public body or its authorized representative may proceed to award the contract accordingly or, if the contract has already been awarded, seek the remedy authorized in subsection 5.

5. In addition to any other remedy or penalty provided by law, a public body may recover, by civil action against the party responsible for a failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1, a penalty as described in subsection 6 for a failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1. If a public body recovers a penalty pursuant to this subsection, the public body shall report to the State Contractors' Board the date of the failure to comply, the name of each entity which failed to comply and the cost of the contract to which the entity that failed to comply was a party. The Board shall maintain this information for not less than 6 years. Upon request, the Board shall provide this information to any public body or its authorized representative.

6. If a contractor, applicant or design-build team submits the affidavit described in subsection 1, receives a preference in bidding described in subsection 1 and is awarded the contract as a result of that preference, the contract between the contractor, applicant or design-build team and the public body, each contract between the contractor, applicant or design-build team and a subcontractor and each contract between a subcontractor and a lower tier subcontractor must provide that: (a) If a party to the contract causes the contractor, applicant or design-build team to fail to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1, the party is liable to the public body for a penalty in the amount of 1 percent of the cost of the largest contract to which he or she is a party; (b) The right to recover the amount determined pursuant to paragraph (a) by the public body pursuant to subsection 5 may be enforced by the public body directly against the party that caused the failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1; and (c) No other party to the contract is liable to the public body for a penalty.

7. A public body that awards a contract for a public work to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1 shall, on or before July 31 of each year, submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission. The report must include information on each contract for a public work awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1, including, without limitation, the name of the contractor, applicant or design-build team who was awarded the contract, the cost of the contract, a brief description of the public work and a description of the degree to which the contractor, applicant or design-build team and each subcontractor complied with the requirements of paragraphs (a) to (d), inclusive, of subsection 1.

8. As used in this section: (a) “ Lower tier subcontractor ” means a subcontractor who contracts with another subcontractor to provide labor, materials or services to the other subcontractor for a construction project. (b) “ Vehicle used primarily for the public work ” does not include any vehicle that is present at the site of the public work only occasionally and for a purpose incidental to the public work including, without limitation, the delivery of materials. Notwithstanding the provisions of this paragraph, the term includes any vehicle which is: (1) Owned or operated by the contractor or any subcontractor who is engaged on the public work; and (2) Present at the site of the public work.
Nev. Rev. Stat. § 341.140 — NV Code / Title 28 / Chapter 341 / Section 341.140
Authority to publicize and educate concerning problems of state planning
Status: in_force

The Division is authorized to use all reasonable means to promote public interest in the problems of state planning, and to that end may publish and distribute copies of its reports and may employ other lawful means of publicity and education.
Nev. Rev. Stat. § 338.1385 — NV Code / Title 28 / Chapter 338 / Section 338.1385
Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before public body may commence public work itself; exemptions
Status: in_force

1. Except as otherwise provided in subsection 9, this State, or a governing body or its authorized representative that awards a contract for a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373 shall not: (a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and having a general circulation within the county. (b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1386 , 338.13862 and 338.13864 and, with respect to the State, NRS 338.1384 to 338.13847 , inclusive. (c) Divide a public work into separate portions to avoid the requirements of paragraph (a) or (b).

2. At least once each quarter, the authorized representative of a public body shall report to the public body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.

3. Each advertisement for bids must include a provision that sets forth the requirement that a contractor must be qualified pursuant to NRS 338.1379 or 338.1382 to bid on the contract.

4. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.

5. Except as otherwise provided in subsection 6 and NRS 338.1389 , a public body or its authorized representative shall award a contract to the lowest responsive and responsible bidder.

6. Any bids received in response to an advertisement for bids may be rejected if the public body or its authorized representative responsible for awarding the contract determines that: (a) The bidder is not a qualified bidder pursuant to NRS 338.1379 or 338.1382 ; (b) The bidder is not responsive or responsible; (c) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or (d) The public interest would be served by such a rejection.

7. A public body may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and: (a) The public body publishes a notice stating that no bids were received and that the contract may be let without further bidding; (b) The public body considers any bid submitted in response to the notice published pursuant to paragraph (a); (c) The public body lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and (d) The contract is awarded to the lowest responsive and responsible bidder.

8. Before a public body may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the public body shall prepare and make available for public inspection a written statement containing: (a) A list of all persons, including supervisors, whom the public body intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor; (b) A list of all equipment that the public body intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment; (c) An estimate of the cost of administrative support for the persons assigned to the public work; (d) An estimate of the total cost of the public work, including, the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and (e) An estimate of the amount of money the public body expects to save by rejecting the bids and performing the public work itself.

9. This section does not apply to: (a) Any utility subject to the provisions of chapter 318 or 710 of NRS ; (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327 ; (c) Normal maintenance of the property of a school district; (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993; (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727 , inclusive; (f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to NRS 338.1435 ; or (g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to NRS 338.1685 to 338.16995 , inclusive.
Nev. Rev. Stat. § 338.455 — NV Code / Title 28 / Chapter 338 / Section 338.455
Methods to be used for providing notice
Status: in_force

Each notice required pursuant to NRS 338.400 to 338.645 , inclusive, must be:

1. Delivered personally; or

2. Sent by facsimile machine and delivered by regular or certified mail.
Nev. Rev. Stat. § 338.1718 — NV Code / Title 28 / Chapter 338 / Section 338.1718
Contract with construction manager as agent
Status: in_force

1. A construction manager as agent: (a) Must: (1) Be a contractor licensed pursuant to chapter 624 of NRS ; (2) Hold a certificate of registration to practice architecture, interior design or residential design pursuant to chapter 623 of NRS ; or (3) Be licensed as a professional engineer pursuant to chapter 625 of NRS . (b) May enter into a contract with a public body to assist in the planning, scheduling and management of the construction of a public work without assuming any responsibility for the cost, quality or timely completion of the construction of the public work. A construction manager as agent who enters into a contract with a public body pursuant to this section may not: (1) Take part in the design or construction of the public work; or (2) Act as an agent of the public body to select a subcontractor if the work to be performed by the subcontractor is part of a larger public work.

2. Except as otherwise provided in subsection 3, the selection of a construction manager as agent to perform services pursuant to subsection 1 must be made on the basis of the competence and qualifications of the construction manager as agent for the type of services to be performed and not on the basis of competitive fees. If, after selection of the construction manager as agent, an agreement upon a fair and reasonable fee cannot be reached with him or her, the public body may terminate negotiations and select another construction manager as agent. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a construction manager as agent pursuant to this subsection, the public body shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference when competing for public works. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.

3. The provisions of subsection 2 do not apply to a contract between a public body and a construction manager as agent to perform services for a public work for which the estimated cost is $100,000 or less.
Nev. Rev. Stat. § 338.176 — NV Code / Title 28 / Chapter 338 / Section 338.176
Substantially incomplete or rejected plans submitted by licensed professional engineer or land surveyor
Status: in_force

A public body shall notify the State Board of Professional Engineers and Land Surveyors in writing if a licensed professional engineer or land surveyor:

1. Submits plans that are substantially incomplete; or

2. Submits plans for the same public work that are rejected by the public body at least three times.
Nev. Rev. Stat. § 338.195 — NV Code / Title 28 / Chapter 338 / Section 338.195
Survey for presence of asbestos required before renovation or demolition of public building or structure
Status: in_force

1. No public building or other public structure may be renovated or demolished until a survey of the building or structure has been made for the presence of asbestos or material containing asbestos.

2. As used in this section, “material containing asbestos” has the meaning ascribed to it by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.765 .
Nev. Rev. Stat. § 338.13843 — NV Code / Title 28 / Chapter 338 / Section 338.13843
“Veteran with a service-connected disability” defined
Status: in_force

“ Veteran with a service-connected disability ” means a veteran of the Armed Forces of the United States who has a service-connected disability of at least zero percent as determined by the United States Department of Veterans Affairs.
Nev. Rev. Stat. § 338.595 — NV Code / Title 28 / Chapter 338 / Section 338.595
Amounts withheld as retainage; payment of interest
Status: in_force

1. If a subcontractor and another subcontractor or supplier enter into a subcontract for a public work, the subcontractor may withhold as retainage not more than 5 percent from the amount of any progress payment due under a subcontract which is made before 50 percent of the work has been completed under the subcontract.

2. After 50 percent of the work required by the subcontractor or supplier has been performed, the subcontractor shall pay any additional progress payments due under the subcontract without withholding any additional retainage if, in the opinion of the subcontractor, satisfactory progress is being made in the work under the subcontract. The payment must be equal to that paid by the contractor to the subcontractor for the work performed or supplies provided by his or her subcontractor or supplier. If the subcontractor continues to withhold retainage from remaining progress payments: (a) If the subcontractor does not withhold any amount pursuant to NRS 338.600 : (1) The subcontractor may not withhold more than 2.5 percent of the amount of any progress payment; and (2) Before withholding any amount pursuant to subparagraph (1), the subcontractor must pay to the subcontractor or supplier 50 percent of the amount of any retainage that was withheld from progress payments pursuant to subsection 1; or (b) If the subcontractor withholds any amount pursuant to NRS 338.600 : (1) The subcontractor may not withhold more than 5 percent of the amount of any progress payment; and (2) The subcontractor may continue to retain the amount of any retainage that was withheld from progress payments pursuant to subsection 1.

3. If the subcontractor receives a payment of interest earned on the retainage or an amount withheld from a progress payment, the subcontractor shall, within 10 days after receiving the money, pay to each of his or her subcontractors or suppliers that portion of the interest received from the contractor which is attributable to the retainage or amount withheld from a progress payment by the subcontractor to his or her subcontractor or supplier.

4. If, pursuant to subsection 4 of NRS 338.555 , the contractor pays to the subcontractor the portion of any retainage withheld by the contractor pursuant to NRS 338.555 for the portion of the work which has been performed by the subcontractor, the subcontractor must pay to the subcontractor's subcontractors and suppliers the portion of any retainage withheld by the subcontractor pursuant to this section for the portion of the work.
Nev. Rev. Stat. § 338.075 — NV Code / Title 28 / Chapter 338 / Section 338.075
Applicability to certain contracts for construction work of Nevada System of Higher Education
Status: in_force

The provisions of NRS 338.020 to 338.090 , inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $100,000 even if the construction work does not qualify as a public work, as defined in NRS 338.010 .
Nev. Rev. Stat. § 338.16985 — NV Code / Title 28 / Chapter 338 / Section 338.16985
Duties and powers of construction manager at risk who enters into contract for construction of public work or portion thereof
Status: in_force

A construction manager at risk who enters into a contract for the construction of a public work pursuant to NRS 338.1696 :

1. Is responsible for contracting for the services of any necessary subcontractor, supplier or independent contractor necessary for the construction of the public work and for the performance of and payment to any such subcontractors, suppliers or independent contractors.

2. If the public work involves predominantly horizontal construction, shall perform construction work equal in value to at least 25 percent of the estimated cost of construction himself or herself, or using his or her own employees.

3. If the public work involves predominantly vertical construction, may perform himself or herself or using his or her own employees as much of the construction of the building or structure that the construction manager at risk is able to demonstrate that the construction manager at risk or his or her own employees have performed on similar projects.
Nev. Rev. Stat. § 338.1425 — NV Code / Title 28 / Chapter 338 / Section 338.1425
Prohibition against public body entering into contract with design professional who is not member of design-build team for services on public work until certain period after public body transmits certain information to licensing board of design professional; posting of such information by licensing board
Status: in_force

A public body shall not enter 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 until 3 days after the public body has transmitted the information relating to the selection of the design professional to the licensing board that regulates the design professional, including, without limitation, the name of the public body, the name of the design professional, whether the design professional possesses a certificate of eligibility to receive a preference when competing for public works and a brief description of the project and services the design professional was selected for, and the licensing board has posted such information on its Internet website. A licensing board shall post any information received pursuant to this subsection within 1 business day after receiving such information.
Nev. Rev. Stat. § 338.030 — NV Code / Title 28 / Chapter 338 / Section 338.030
Procedure for determination of prevailing wage in region; duration of rates
Status: in_force

1. The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain from the Labor Commissioner the prevailing wage in the region established pursuant to NRS 338.025 in which the public work is to be performed for each craft or type of work.

2. The prevailing wage in each such region must be determined by the Labor Commissioner. To determine the prevailing wage in each region, the Labor Commissioner shall, in each odd-numbered year, survey contractors who have performed work in the region. Within 30 days after the determination is issued: (a) A public body or person entitled under subsection 5 to be heard may submit an objection to the Labor Commissioner with evidence to substantiate that a different wage prevails; and (b) Any person may submit information to the Labor Commissioner that would support a change in the prevailing wage of a craft or type of work by 50 cents or more per hour in any region.

3. The Labor Commissioner shall hold a hearing in the region in which the work is to be executed if the Labor Commissioner: (a) Is in doubt as to the prevailing wage; or (b) Receives an objection or information pursuant to subsection 2. The Labor Commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any region.

4. Notice of the hearing must be advertised in a newspaper in the region in which the work is to be executed once a week for 2 weeks before the time of the hearing.

5. At the hearing, any public body, the crafts affiliated with the State Federation of Labor or other recognized national labor organizations, and the contractors of the region or their representatives must be heard. From the evidence presented, the Labor Commissioner shall determine the prevailing wage.

6. If the Labor Commissioner determines pursuant to subsection 2 that the prevailing wage for a craft or type of work is a wage that has been collectively bargained, the Labor Commissioner shall: (a) Include in his or her determination of that prevailing wage any compensation in addition to the basic hourly wage or benefit for the craft or type of work required to be provided by the collective bargaining agreement, including, without limitation, premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the agreement or on a weekend or holiday and zone pay. As used in this paragraph, “ zone pay ” means additional pay for performing work at a work site that is located in a zone established in a collective bargaining agreement. (b) Issue an amendment to the determination of the prevailing wage for the craft or type of work if the collective bargaining agreement provides for an increase in the wage before the next determination of that prevailing wage by the Labor Commissioner pursuant to subsection 2.

7. The wages so determined must be: (a) Issued by the Labor Commissioner on October 1 of the odd-numbered year in which the survey was conducted and, except as otherwise provided in subsection 8, remain effective for 2 years after that date; and (b) Made available by the Labor Commissioner to any public body which awards a contract for any public work.

8. On October 1 of each even-numbered year, the Labor Commissioner shall: (a) Adjust the prevailing rate of wages: (1) If the Labor Commissioner determined in the previous odd-numbered year that the prevailing rate of wages for a class of workers who perform the craft or type of work was a wage which was collectively bargained, in accordance with the signed collective bargaining agreement that is on file with the Labor Commissioner, if the collective bargaining agreement provides for such an adjustment on or before October 1 of that even-numbered year; or (2) If the Labor Commissioner determined in the previous odd-numbered year that the prevailing rate of wage for a class of workers who perform the craft or type of work was not a wage which was collectively bargained, in accordance with the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Labor Commissioner, if any change in that index has occurred since October 1 of the previous odd-numbered year; and (b) Reissue the prevailing rate of wages for each class of workers who perform the craft or type of work, including any rates required to be adjusted pursuant to paragraph (a).

9. If the contract for a public work: (a) Is to be awarded pursuant to a competitive bidding process, the prevailing wages in effect at the time of the opening of the bids for a contract for a public work must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the bids were opened, whichever is earlier. (b) Is not to be awarded pursuant to a competitive bidding process, except as otherwise provided in this paragraph, the prevailing rate of wages in effect on the date on which the contractor for the contract is selected by the awarding body must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the contractor was selected, whichever is earlier. If the contract is not entered into within 90 days after the date of the selection of the contractor, the prevailing rates of wages in effect on the date on which the contract is entered into must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the contract was entered into, whichever is earlier.

10. If a contract for a public work is not completed or terminated within 36 months immediately following the date on which the bids were opened pursuant to paragraph (a) of subsection 9, within 36 months immediately following the date on which the contractor was selected, within 36 months immediately following the date the contract was entered into pursuant to paragraph (b) of subsection 9 or for any 36-month period thereafter until the contract is completed or terminated: (a) Except as otherwise provided in paragraph (b), the prevailing wages in effect on the last day of the 36--month period must be paid for the immediately following 36 months. (b) If the prevailing wages in effect on the last day of the 36-month period are lower than the prevailing wages paid during that 36-month period under the contract, the prevailing wages paid during that 36--month period must be paid for the immediately following 36 months.

11. Nothing contained in NRS 338.020 to 338.090 , inclusive, may be construed to authorize the fixing of any wage below any rate which may now or hereafter be established as a minimum wage for any person employed upon any public work, or employed by any officer or agent of any public body.
Nev. Rev. Stat. § 341.010 — NV Code / Title 28 / Chapter 341 / Section 341.010
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 341.011 to 341.0145 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 338.185 — NV Code / Title 28 / Chapter 338 / Section 338.185
Public body to reimburse contractor for certain costs of locating underground facility of public utility
Status: in_force

If a public body directs a contractor to locate the facility of a public utility placed underground on the site of a public work, the public body shall reimburse the contractor for the difference between the costs incurred in finding the actual location of the facility and the costs of finding the reputed location of the facility.
Nev. Rev. Stat. § 338.1376 — NV Code / Title 28 / Chapter 338 / Section 338.1376
State public works: Qualification of subcontractors; disqualification; appeal
Status: in_force

1. Each subcontractor whose name is required to be included in a bid pursuant to NRS 338.141 must, to be eligible to provide labor or a portion of the work or improvement to a contractor to whom the Division awards a contract pursuant to this chapter, be qualified in accordance with criteria established by regulation by the State Public Works Board. The criteria established by the State Public Works Board pursuant to this subsection must be made applicable to a subcontractor but must otherwise be substantively identical to the criteria set forth in paragraph (b) of subsection 3 of NRS 338.1375 .

2. A subcontractor shall be presumed to be qualified pursuant to subsection 1 unless the Division has received information that: (a) The Division determines to be sufficient and verifiable; and (b) Indicates the subcontractor does not meet the criteria established by regulation pursuant to subsection 1.

3. Upon receipt of sufficient and verifiable information of a type described in subsection 2, the Division shall require a subcontractor regarding whom such information is received to submit to the Division, on a form prescribed by the Division, an application for qualification in accordance with the criteria established by regulation pursuant to subsection 1. After receiving such an application, the Division shall determine whether the subcontractor is qualified in accordance with the criteria established by regulation pursuant to subsection 1. Except as otherwise provided in subsection 4, if the Division determines that the subcontractor does not meet such criteria, the Division may disqualify the subcontractor, for a period set by the Division, from participating in public works projects which are sponsored by the Division. The Division shall provide written notice to the subcontractor of any such disqualification.

4. A subcontractor may appeal a disqualification pursuant to subsection 3 in the manner set forth in NRS 338.1381 .
Nev. Rev. Stat. § 338.1591 — NV Code / Title 28 / Chapter 338 / Section 338.1591
Alternative methods: 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 338.159 and the public body determines that the transportation facility serves a public purpose, the public body may request other persons to submit proposals to design, finance, lease, repair, acquire, extend, expand, plan, equip, replace, develop, construct, improve, maintain or operate, or any combination thereof, the transportation facility.
Nev. Rev. Stat. § 341.020 — NV Code / Title 28 / Chapter 341 / Section 341.020
Creation; members; vacancies
Status: in_force

1. The State Public Works Board is hereby created.

2. The Board consists of the Director of the Department and six members appointed as follows: (a) The Governor shall appoint: (1) One member who has education or experience, or both, regarding the principles of engineering or architecture; (2) One member who is licensed to practice law in this State and who has experience in the practice of construction law; and (3) Two members who are or have been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS . (b) The Majority Leader of the Senate shall appoint one member who is or has been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS . (c) The Speaker of the Assembly shall appoint one member who is or has been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS .

3. Each member of the Board who is appointed serves at the pleasure of the appointing authority.

4. A vacancy on the Board in an appointed position must be filled by the appointing authority in the same manner as the original appointment.
Nev. Rev. Stat. § 338.480 — NV Code / Title 28 / Chapter 338 / Section 338.480
Provisions inapplicable to certain contracts made by Department of Transportation
Status: in_force

The provisions of NRS 338.400 to 338.645 , inclusive, do not apply to a contract entered into by the Department of Transportation pursuant to chapter 408 of NRS .
Nev. Rev. Stat. § 338.1723 — NV Code / Title 28 / Chapter 338 / Section 338.1723
Advertisement for preliminary proposals
Status: in_force

1. A public body shall advertise for preliminary proposals for the design and construction of a public work by a design-build team. The advertisement must be published: (a) In a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed at least once and not less than 7 days before the opening of bids; and (b) On the Internet website of the public body, if the public body maintains an Internet website, every day for not less than 7 days before the opening of bids. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

2. A request for preliminary proposals published pursuant to subsection 1 must include, without limitation: (a) A description of the public work to be designed and constructed; (b) An estimate of the cost to design and construct the public work; (c) The dates on which it is anticipated that the separate phases of the design and construction of the public work will begin and end; (d) The date by which preliminary proposals must be submitted to the public body; (e) If the proposal is for a public work of the State, a statement setting forth that the prime contractor must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a preliminary proposal; (f) A description of the extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the public work that the public body determines to be necessary; (g) A list of the requirements set forth in NRS 338.1721 ; (h) A list of the factors and relative weight assigned to each factor that the public body will use to evaluate design-build teams who submit a proposal for the public work; (i) Notice that a design-build team desiring to submit a proposal for the public work must include with its proposal the information used by the public body to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of NRS 338.1725 and a description of that information; and (j) A statement as to whether a design-build team that is selected as a finalist pursuant to NRS 338.1725 but is not awarded the design-build contract pursuant to NRS 338.1727 will be partially reimbursed for the cost of preparing a final proposal and, if so, an estimate of the amount of the partial reimbursement.
Nev. Rev. Stat. § 341.0145 — NV Code / Title 28 / Chapter 341 / Section 341.0145
“Division” defined
Status: in_force

“ Division ” means the State Public Works Division of the Department.
Nev. Rev. Stat. § 340.010 — NV Code / Title 28 / Chapter 340 / Section 340.010
Short title
Status: in_force

This chapter may be referred to as the Public Works Eminent Domain Law.
Nev. Rev. Stat. § 338.143 — NV Code / Title 28 / Chapter 338 / Section 338.143
Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before local government may commence public work itself; exemptions
Status: in_force

1. Except as otherwise provided in subsection 8, a local government or its authorized representative that awards a contract for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373 shall not: (a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published within the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation within the county. (b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1442 , 338.1444 or 338.1446 . (c) Divide a public work into separate portions to avoid the requirements of paragraph (a) or (b).

2. At least once each quarter, the authorized representative of a local government shall report to the governing body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.

3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.

4. Except as otherwise provided in subsection 5 and NRS 338.147 , the local government or its authorized representative shall award a contract to the lowest responsive and responsible bidder.

5. Any bids received in response to an advertisement for bids may be rejected if the local government or its authorized representative responsible for awarding the contract determines that: (a) The bidder is not responsive or responsible; (b) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or (c) The public interest would be served by such a rejection.

6. A local government may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and: (a) The local government publishes a notice stating that no bids were received and that the contract may be let without further bidding; (b) The local government considers any bid submitted in response to the notice published pursuant to paragraph (a); (c) The local government lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and (d) The contract is awarded to the lowest responsive and responsible bidder.

7. Before a local government may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the local government shall prepare and make available for public inspection a written statement containing: (a) A list of all persons, including supervisors, whom the local government intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor; (b) A list of all equipment that the local government intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment; (c) An estimate of the cost of administrative support for the persons assigned to the public work; (d) An estimate of the total cost of the public work, including the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and (e) An estimate of the amount of money the local government expects to save by rejecting the bids and performing the public work itself.

8. This section does not apply to: (a) Any utility subject to the provisions of chapter 318 or 710 of NRS ; (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327 ; (c) Normal maintenance of the property of a school district; (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993; (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727 , inclusive; (f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to NRS 338.1435 ; or (g) The preconstruction or construction of a public work for which a public body enters into a contract with a construction manager at risk pursuant to NRS 338.1685 to 338.16995 , inclusive.
Nev. Rev. Stat. § 340.160 — NV Code / Title 28 / Chapter 340 / Section 340.160
Declaration of taking: Filing by petitioner; sufficiency; effect; duties of court
Status: in_force

1. At any time at or after the filing of the petition referred to in NRS 340.050 , and before the entry of final judgment, the petitioner may file with the clerk of the court a declaration of taking, signed by the authorized officer or agent of the petitioner, declaring that all or any part of the property described in the petition is to be taken for the use of the petitioner.

2. The declaration of taking is sufficient if it sets forth: (a) A description sufficient to identify the property. The description may include a plat or map of the property. (b) A statement of the estate or interest in the property being taken. (c) A statement of the sum of money estimated by the petitioner to be just compensation for the property taken.

3. Upon the filing of the declaration of taking and the deposit in court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to the property specified in the declaration vests in the petitioner, the property shall be deemed to be condemned and taken for the use of the petitioner and the right to just compensation for the taking of that property vests in the persons entitled thereto. Upon the filing of the declaration of taking, the court shall designate a day, not exceeding 30 days after the filing, except upon good cause shown, on which the parties in possession are required to surrender possession to the petitioner. If the petitioner is an authorized corporation, the court, before directing surrender of possession to the petitioner, shall require such security to be given, in addition to the amount deposited in court, as will reasonably assure the payment of any amount ultimately determined as the compensation to be paid.

4. The ultimate amount of compensation must be fixed pursuant to the provisions of this chapter. If the amount so fixed exceeds the amount so deposited in court by the petitioner, the court shall enter judgment against the petitioner in the amount of the deficiency, together with interest at the rate of 6 percent per annum on the deficiency from the date of the vesting of title to the date of the entry of the final judgment, subject to abatement for use, income, rents or profits derived from that property by the owner thereof subsequent to the vesting of title in the petitioner, and the court shall order the petitioner to deposit the amount of the deficiency in court.
Nev. Rev. Stat. § 338.020 — NV Code / Title 28 / Chapter 338 / Section 338.020
Hourly and daily rate of wages must not be less than prevailing wage in region; rate must be included in contract and posted on-site; payment of overtime; wages paid in accordance with jurisdictional classes recognized in region
Status: in_force

1. Every contract to which a public body of this State is a party, requiring the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor in the performance of a public work, must contain in express terms the hourly and daily rate of wages to be paid each of the classes of mechanics and workers. The hourly and daily rate of wages must: (a) Not be less than the rate of such wages then prevailing in the region in which the public work is located, which prevailing rate of wages must have been determined in the manner provided in NRS 338.030 ; and (b) Be posted on the site of the public work in a place generally visible to the workers.

2. When public work is performed by day labor, the prevailing wage for each class of mechanics and workers so employed applies and must be stated clearly to such mechanics and workers when employed.

3. Except as otherwise provided in subsection 4, a contractor or subcontractor shall pay to a mechanic or worker employed by the contractor or subcontractor on the public work not less than one and one-half times the prevailing rate of wages applicable to the class of the mechanic or worker for each hour the mechanic or worker works on the public work in excess of: (a) Forty hours in any scheduled week of work by the mechanic or worker for the contractor or subcontractor, including, without limitation, hours worked for the contractor or subcontractor on work other than the public work; or (b) Eight hours in any workday that the mechanic or worker was employed by the contractor or subcontractor, including, without limitation, hours worked for the contractor or subcontractor on work other than the public work, unless by mutual agreement the mechanic or worker works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.

4. The provisions of subsection 3 do not apply to a mechanic or worker who is covered by a collective bargaining agreement that provides for the payment of wages at not less than one and one-half times the rate of wages set forth in the collective bargaining agreement for work in excess of: (a) Forty hours in any scheduled week of work; or (b) Eight hours in any workday unless the collective bargaining agreement provides that the mechanic or worker shall work a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.

5. The prevailing wage and any wages paid for overtime pursuant to subsection 3 or 4 to each class of mechanics or workers must be in accordance with the jurisdictional classes recognized in the region where the work is performed.

6. Nothing in this section prevents an employer who is signatory to a collective bargaining agreement from assigning such work in accordance with established practice.
Nev. Rev. Stat. § 338.1908 — NV Code / Title 28 / Chapter 338 / Section 338.1908
Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy
Status: in_force

<Section effective until Jan. 1, 2026. See, also, section 338.1908 effective Jan. 1, 2026. >

1. The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must: (a) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria: (1) The length of time necessary to commence the project. (2) The number of workers estimated to be employed on the project. (3) The effectiveness of the project in reducing energy consumption. (4) The estimated cost of the project. (5) Whether the project is able to be powered by or otherwise use sources of renewable energy. (6) Whether the project has qualified for participation in one or more of the following programs: (I) The Solar Energy Systems Incentive Program created by NRS 701B.240 ; (II) The Renewable Energy School Pilot Program created by NRS 701B.350 ; (III) The Wind Energy Systems Demonstration Program created by NRS 701B.580 ; or (IV) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820 . (b) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.

2. The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the Director of the Office of Energy and to any other entity designated for that purpose by the Legislature.

3. As used in this section: (a) “ Local government ” means each city or county that meets the definition of “eligible unit of local government” as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in NRS 338.010 , that does not meet the definition of “eligible entity” as set forth in 42 U.S.C. § 17151 . (b) “ Renewable energy ” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation: (1) Biomass; (2) Fuel cells; (3) Geothermal energy; (4) Solar energy; (5) Waterpower; and (6) Wind. The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy. (c) “ Retrofit ” means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.
Nev. Rev. Stat. § 338.1589 — NV Code / Title 28 / Chapter 338 / Section 338.1589
Alternative methods: Authorization
Status: in_force

A public body may authorize a person to design, finance, lease, repair, acquire, extend, expand, plan, equip, replace, develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility pursuant to NRS 338.159 or 338.1591 .
Nev. Rev. Stat. § 338.1615 — NV Code / Title 28 / Chapter 338 / Section 338.1615
Applicability
Status: in_force

The provisions of NRS 338.161 to 338.168 , inclusive, apply to any county whose population is less than 700,000.
Nev. Rev. Stat. § 338.080 — NV Code / Title 28 / Chapter 338 / Section 338.080
Exemptions
Status: in_force

Except as otherwise provided in NRS 226.826 , none of the provisions of NRS 338.020 to 338.090 , inclusive, apply to:

1. Apprentices recorded under the provisions of chapter 610 of NRS .

2. Any contract for a public work whose estimated cost is less than $100,000. A unit of the project must not be separated from the total project, even if that unit is to be completed at a later time, in order to lower the estimated cost of the project below $100,000.
Nev. Rev. Stat. § 338.1415 — NV Code / Title 28 / Chapter 338 / Section 338.1415
Local government prohibited from accepting bid on contract for public work submitted by contractor who materially breached certain contracts for public works
Status: in_force

A local government or its authorized representative shall not accept a bid on a contract for a public work if the contractor who submits the bid has, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000.
Nev. Rev. Stat. § 342.075 — NV Code / Title 28 / Chapter 342 / Section 342.075
Applicability of NRS 342.015 to 342.065, inclusive; discretion of governmental body to pay increased benefits; regulations governing interpretation of certain words or phrases
Status: in_force

1. Notwithstanding the provisions of any other statute to the contrary, the provisions of NRS 342.015 to 342.065 , inclusive, apply to all acquisitions of real property by a governmental body by purchase or eminent domain unless the person who is being displaced owns and occupies the real property and willingly agrees to the purchase price offered by the governmental body.

2. Notwithstanding the provisions of NRS 342.015 to 342.065 , inclusive, a governmental body may, if appropriate under the circumstances, pay to a displaced person an amount of benefits that exceeds the amounts set forth in NRS 342.015 to 342.065 , inclusive. The governmental body has sole discretion to decide whether benefits will be paid in an amount that exceeds the amounts set forth in NRS 342.015 to 342.065 , inclusive, and its decision on that matter is final.

3. The regulations adopted pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601 - 4655 , govern the interpretation of any word or phrase not specifically defined in NRS 342.015 and 342.055 .
Nev. Rev. Stat. § 341.013 — NV Code / Title 28 / Chapter 341 / Section 341.013
“Board” defined
Status: in_force

“ Board ” means the State Public Works Board of the Division.
Nev. Rev. Stat. § 340.110 — NV Code / Title 28 / Chapter 340 / Section 340.110
Evidence admissible before special master
Status: reserved

1. For the purpose of determining the value of the land sought to be condemned and fixing just compensation therefor, the following evidence (in addition to other evidence which is relevant, material and competent) shall be relevant, material and competent, and shall be admitted and considered by the special master: (a) Evidence that a building or improvement is unsafe or insanitary or a public nuisance, or is in a state of disrepair, and of the cost to correct any such condition, notwithstanding that no action has been taken by local authorities to remedy any such condition. (b) Evidence that any state public body, charged with the duty of abating or requiring the correction of nuisances or like conditions or demolishing unsafe or insanitary structures, issued an order directing the abatement or correction of any conditions existing with respect to the building or improvement, or the demolition of the building or improvement, and of the cost which compliance with any such order would entail. (c) Evidence of the last assessed valuation of the property for purposes of taxation, and of any affidavits or tax returns made by the owner in connection with such assessment which state the value of such property, and of any income tax returns of the owner showing sums deducted on account of obsolescence or depreciation of such property. (d) Evidence that such buildings and improvements are being used for illegal purposes or are being so overcrowded as to be dangerous or injurious to the health, safety, morals or welfare of the occupants thereof, and the extent to which the rentals therefrom are enhanced by reason of such use. (e) Evidence of the price and other terms upon any sale or the rent reserved and other terms of any lease or tenancy relating to such property or to any similar property in the vicinity when the sale or leasing occurred or the tenancy existed within a reasonable time of the hearing.

2. The award of compensation shall not be increased by reason of any increase in the value of the property resulting from the public works project to be placed thereon.

3. No allowance shall be made for improvements begun on property after the publication of the notice specified in NRS 340.070 , except upon good cause being shown.
Nev. Rev. Stat. § 338.1692 — NV Code / Title 28 / Chapter 338 / Section 338.1692
Advertising for proposals for construction manager at risk; contents of request for proposals; requirements for proposals; availability of names of applicants; substitution of employees
Status: in_force

1. A public body or its authorized representative shall advertise for proposals for a construction manager at risk in the manner set forth in paragraph (a) of subsection 1 of NRS 338.1385 .

2. A request for proposals published pursuant to subsection 1 must include, without limitation: (a) A description of the public work; (b) An estimate of the cost of construction; (c) A description of the work that the public body expects a construction manager at risk to perform; (d) The dates on which it is anticipated that the separate phases of the preconstruction and construction of the public work will begin and end; (e) The date by which proposals must be submitted to the public body; (f) If the project is a public work of the State, a statement setting forth that the construction manager at risk must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a proposal; (g) The name, title, address and telephone number of a person employed by the public body that an applicant may contact for further information regarding the public work; (h) A list of the selection criteria and relative weight of the selection criteria that will be used to rank proposals pursuant to subsection 2 of NRS 338.1693 ; (i) A list of the selection criteria and relative weight of the selection criteria that will be used to rank applicants pursuant to subsection 7 of NRS 338.1693 ; and (j) A notice that the proposed form of the contract to assist in the preconstruction of the public work or to construct the public work, including, without limitation, the terms and general conditions of the contract, is available from the public body.

3. A proposal must include, without limitation: (a) An explanation of the experience that the applicant has with projects of similar size and scope in both the public and private sectors by any delivery method, whether or not that method was the use of a construction manager at risk, and including, without limitation, design-build, design-assist, negotiated work or value-engineered work, and an explanation of the experience that the applicant has in such projects in Nevada; (b) The contact information for references who have knowledge of the background, character and technical competence of the applicant; (c) Evidence of the ability of the applicant to obtain the necessary bonding for the work to be required by the public body; (d) Evidence that the applicant has obtained or has the ability to obtain such insurance as may be required by law; (e) A statement of whether the applicant has been: (1) 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 proposals; and (2) Disqualified from being awarded a contract pursuant to NRS 338.017 , 338.13895 , 338.1475 or 408.333 ; (f) The professional qualifications and experience of the applicant, including, without limitation, the resume of any employee of the applicant who will be managing the preconstruction and construction of the public work; (g) The safety programs established and the safety records accumulated by the applicant; (h) Evidence that the applicant is licensed as a contractor pursuant to chapter 624 of NRS ; (i) The proposed plan of the applicant to manage the preconstruction and construction of the public work which sets forth in detail the ability of the applicant to provide preconstruction services and to construct the public work and which includes, if the public work involves predominantly horizontal construction, a statement that the applicant will perform construction work equal in value to at least 25 percent of the estimated cost of construction; and (j) If the project is for the design of a public work of the State, evidence that the applicant is qualified to bid on a public work of the State pursuant to NRS 338.1379 .

4. The public body or its authorized representative shall make available to the public the name of each applicant who submits a proposal pursuant to this section.

5. An applicant shall not substitute a different employee for an employee whose resume was submitted pursuant to paragraph (f) of subsection 3, unless: (a) The employee whose resume was submitted is no longer employed by the applicant or is unavailable for medical reasons; or (b) The public body enters into a contract with the applicant for preconstruction services pursuant to NRS 338.1693 more than 90 days after the date on which the final ranking of applicants was made pursuant to subsection 7 of NRS 338.1693 .
Nev. Rev. Stat. § 338.590 — NV Code / Title 28 / Chapter 338 / Section 338.590
Time for making payments; amounts paid
Status: in_force

Except as otherwise provided in NRS 338.595 , 338.600 and 338.605 :

1. Each subcontractor shall disburse money paid to him or her pursuant to this chapter, including any interest which the subcontractor receives, to his or her subcontractors and suppliers within 10 days after the subcontractor receives the money, in direct proportion to the subcontractors' and suppliers' basis in the progress bill or retainage bill and any accrued interest thereon.

2. A subcontractor shall make payments to his or her subcontractor or supplier in an amount equal to that subcontractor's or supplier's basis in the payments paid by the contractor to him or her for the supplies, materials and equipment identified in the contract between the contractor and the public body, or in the subcontract between the subcontractor or supplier and the contractor, within 10 days after the subcontractor has received a progress payment or retainage payment from the contractor for those supplies, materials and equipment.
Nev. Rev. Stat. § 340.080 — NV Code / Title 28 / Chapter 340 / Section 340.080
Waiver of right to file objections; determination by court of issues raised by objections filed; appointment of guardian ad litem for legally incompetent persons
Status: in_force

1. All persons who have not filed written objections with the court prior to the time of the hearing specified in the notice prescribed by NRS 340.070 , shall be deemed to have waived the right to file objections as to the sufficiency and validity of the petition, the proceedings and the relief sought thereby, and as to the right of the petitioner to take title and possession prior to final judgment, as authorized by NRS 340.160 .

2. The court, at the time specified in the notice, after hearing and determining all issues of fact and law raised by the objections which have been filed, if any there be, shall enter a final judgment with respect to such issues, and thereafter there shall remain for determination only the amount of the compensation to be paid and the persons entitled thereto.

3. If any infant or other person under a legal disability shall not have appeared in the proceedings by his or her duly authorized legal representative, the court shall appoint a guardian ad litem to represent such person's interest in the proceedings before the special master.
Nev. Rev. Stat. § 338.126 — NV Code / Title 28 / Chapter 338 / Section 338.126
Required notice to newly-hired workers by contractor engaged on public work: Contents; acknowledgment of receipt
Status: in_force

1. A contractor engaged on a public work shall provide to his or her workers at the time of hire a written or electronic notice that includes, without limitation: (a) The Internet website of the Labor Commissioner where the prevailing wage rates for the public work are posted; (b) The name of the contractor; and (c) The physical address of the principal place of business of the contractor.

2. A contractor shall obtain a written or electronic acknowledgment of receipt of any notice pursuant to this section. The acknowledgment of notice must be maintained by the contractor for at least 2 years, made available to the Labor Commissioner upon request and include, without limitation: (a) The worker's name, contact information and signature; and (b) The date on which the worker received the notice.
Nev. Rev. Stat. § 339.025 — NV Code / Title 28 / Chapter 339 / Section 339.025
Performance and payment bonds: Amount; conditions; filing with contracting body
Status: in_force

1. Before any contract, except one subject to the provisions of chapter 408 of NRS , exceeding $100,000 for any project for the new construction, repair or reconstruction of any public building or other public work or public improvement of any contracting body is awarded to any contractor, the contractor shall furnish to the contracting body the following bonds which become binding upon the award of the contract to the contractor: (a) A performance bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. The bond must be solely for the protection of the contracting body which awarded the contract. (b) A payment bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount. The bond must be solely for the protection of claimants supplying labor or materials to the contractor to whom the contract was awarded, or to any of his or her subcontractors, in the prosecution of the work provided for in such contract.

2. If a general contractor has been awarded a contract, except one subject to the provisions of chapter 408 of NRS , by the State Public Works Division of the Department of Administration for any project for new construction, repair or reconstruction of any public building or other public work or public improvement, each of the subcontractors of the general contractor who will perform work on the contract that exceeds $50,000 or 1 percent of the proposed project, whichever amount is greater, shall furnish a bond to the Division in an amount to be fixed by the Division.

3. Each of the bonds required pursuant to this section must be executed by one or more surety companies authorized to do business in the State of Nevada. If the contracting body is the State of Nevada or any officer, employee, board, bureau, commission, department, agency or institution thereof, the bonds must be payable to the State of Nevada. If the contracting body is other than one of those enumerated in this subsection, the bonds must be payable to the other contracting body.

4. Each of the bonds must be filed in the office of the contracting body which awarded the contract for which the bonds were given.

5. This section does not prohibit a contracting body from requiring bonds.
Nev. Rev. Stat. § 338.158 — NV Code / Title 28 / Chapter 338 / Section 338.158
Definitions
Status: in_force

As used in NRS 338.158 to 338.1602 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 338.1581 to 338.1585 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 338.013 — NV Code / Title 28 / Chapter 338 / Section 338.013
Inclusion of identifying number from Labor Commissioner in advertisement or solicitation and bids and other responsive documents; reports by public bodies and contractors to Labor Commissioner
Status: in_force

1. A public body that undertakes a public work shall request from the Labor Commissioner, and include in any advertisement or other type of solicitation, an identifying number with a designation of the work. That number must be included in any bid or other document submitted in response to the advertisement or other type of solicitation.

2. Each public body which awards a contract for any public work shall report its award to the Labor Commissioner within 10 days after the award, giving the name and address of the contractor to whom the public body awarded the contract and the identifying number for the public work.

3. Each contractor engaged on a public work shall report to the Labor Commissioner and the public body that awarded the contract the name and address of each subcontractor whom the contractor engages for work on the project within 10 days after the subcontractor commences work on the contract and the identifying number for the public work.

4. The public body which awarded the contract shall report the completion of all work performed under the contract to the Labor Commissioner before the final payment of money due the contractor by the public body.
Nev. Rev. Stat. § 338.1423 — NV Code / Title 28 / Chapter 338 / Section 338.1423
Prohibition against public body entering into express or implied contract for public work providing that construction materials or goods be purchased or supplied by public body or contractor who is constituent part or acting on behalf of public body; exceptions; penalties; enforcement by Attorney General
Status: in_force

1. Except as otherwise provided in this section, a public body shall not enter into an express or implied contract for a public work which provides that any construction materials or goods to be used on the public work will be purchased or otherwise supplied by: (a) The public body or a contractor who is a constituent part of the public body; or (b) A contractor who is not a constituent part of the public body but is acting on behalf of the public body.

2. A public body may enter into an express or implied contract for a public work which provides that any construction materials or goods to be used in the public work will be purchased or supplied by the public body, a contractor who is a constituent part of the public body or a contractor who is not a constituent part of the public body but is acting on behalf of the public body if: (a) The contract requires the payment of any state or local taxes that would otherwise have been due for the purchase and use of the construction materials or goods if the construction materials or goods had been purchased and used by a contractor who was not a constituent part of the public body and who was not otherwise exempt from the taxes pursuant to state or local law; and (b) The public body sends an itemized list of the construction materials or goods to be purchased or otherwise provided by the public body or a contractor who is a constituent part of the public body, to the Department of Taxation. The itemized list must include the amount paid for each item.

3. An express or implied contract entered into in violation of subsection 1 is void.

4. A person who enters into an express or implied contract that violates the provisions of subsection 1 is guilty of a gross misdemeanor.

5. The right to enforce the provisions of this section vests exclusively in the Attorney General, who shall institute and prosecute the appropriate proceedings to enforce the provisions of this section.

6. If an express or implied contract for a public work is entered into in violation of subsection 1, the Attorney General shall forward to the Department of Taxation a list of construction materials or goods purchased in violation of this section by the public body or the contractor who is a constituent part of the public body. The Department shall calculate the applicable state and local taxes on the purchase and use of the construction materials or goods which would have been due but for the tax exemption of the public body or the contractor who is a constituent part of the public body, and shall deduct from the money otherwise payable from the proceeds of any tax distribution to the public body twice the amount of the applicable taxes.

7. The provisions of this section do not apply to an express or implied contract for a public work for which the construction materials or goods purchased by the public body are: (a) Devices, equipment or hardware purchased in compliance with chapter 332 or 333 of NRS which are needed on a recurring basis and used to protect the health, safety or welfare of the public, including, without limitation, official traffic control devices; or (b) Specialized components purchased in compliance with chapter 332 or 333 of NRS which are specific to a particular project and are not commonly used in public works projects. If a public body enters into such a contract, the public body must provide annually to the Department of Taxation an itemized list of the construction materials or goods purchased pursuant to the contract and the amount paid for each item.

8. If a public body is going to perform the public work itself in accordance with NRS 338.13864 , the public body is not required to: (a) Pay any state or local taxes for the purchase and use of construction materials or goods. (b) Send to the Department of Taxation an itemized list of construction materials or goods to be purchased by the public body for the public work.

9. As used in this section, “ construction materials or goods ” means all materials, equipment or supplies which are intended to be used in a public work.
Nev. Rev. Stat. § 338.01165 — NV Code / Title 28 / Chapter 338 / Section 338.01165
Requirements relating to use of apprentices on public works; documentation of compliance; annual report; penalties; apprenticeship agreement; regulations
Status: in_force

1. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, a contractor or subcontractor engaged in vertical construction who employs workers on one or more public works during a calendar year pursuant to NRS 338.040 shall use one or more apprentices for at least 10 percent, or any increased percentage established pursuant to subsection 3, of the total hours of labor worked for each apprenticed craft or type of work to be performed on those public works.

2. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, a contractor or subcontractor engaged in horizontal construction who employs workers on one or more public works during a calendar year pursuant to NRS 338.040 shall use one or more apprentices for at least 3 percent, or any increased percentage established pursuant to subsection 3, of the total hours of labor worked for each apprenticed craft or type of work to be performed on those public works.

3. On or after January 1, 2021, the Labor Commissioner, in collaboration with the State Apprenticeship Council, may adopt regulations to increase the percentage of total hours of labor required to be performed by an apprentice pursuant to subsection 1 or 2 by not more than 2 percentage points.

4. An apprentice who graduates from an apprenticeship program while employed on a public work shall: (a) Be deemed an apprentice on the public work for the purposes of subsections 1 and 2. (b) Be deemed a journeyman for all other purposes, including, without limitation, the payment of wages or the payment of wages and benefits to a journeyman covered by a collective bargaining agreement.

5. If a contractor or subcontractor who is a signatory to a collective bargaining agreement with a union that sponsors an apprenticeship program for an apprenticed craft or type of work for which the term of apprenticeship is not more than 3 years requests an apprentice from that apprenticeship program and an apprentice in the appropriate craft or type of work is not available, the contractor or subcontractor may utilize a person who graduated from the apprenticeship program in that craft or type of work within the 3 years immediately preceding the request from the contractor or subcontractor. Such a person: (a) Shall be deemed an apprentice on the public work for the purposes of subsections 1 and 2. (b) Shall be deemed a journeyman for all other purposes, including, without limitation, the payment of wages and benefits to a journeyman pursuant to the collective bargaining agreement.

6. A contractor or subcontractor engaged on a public work is not required to use an apprentice in a craft or type of work performed in a jurisdiction recognized by the State Apprenticeship Council as not having apprentices in that craft or type of work.

7. A contractor or subcontractor engaged on a public work shall maintain and provide to the Labor Commissioner any supporting documentation to show that the contractor or subcontractor made a good faith effort to comply with subsection 1 or 2, as applicable, as determined by the Labor Commissioner. For purposes of this subsection, a contractor or subcontractor: (a) Makes a good faith effort to comply with subsection 1 or 2, as applicable, if the contractor or subcontractor: (1) Submits to the apprenticeship program, on the form prescribed by the Labor Commissioner, a request for an apprentice not earlier than 10 days before the contractor or subcontractor is scheduled to begin work on the public work and not later than 5 days after the contractor or subcontractor actually begins work on the public work. (2) If the apprenticeship program does not provide an apprentice for the appropriate apprenticed craft or type of work upon a request pursuant to subparagraph (1), submits additional requests to the apprenticeship program, on the form prescribed by the Labor Commissioner, at least once every 30 days during the period that the contractor or subcontractor is working on the public work. If a contractor or subcontractor does not work continuously on the public work, the contractor or subcontractor shall submit an additional request each time that the contractor or subcontractor resumes work on the public work not earlier than 10 days before the contractor or subcontractor is scheduled to resume work on the public work and not later than 5 days after the contractor or subcontractor actually resumes work on the public work. The requirement for the submission of an additional request in this subparagraph does not apply whenever a contractor or subcontractor has one or more apprentices employed for that apprenticed craft or type of work. (b) Does not make a good faith effort to comply with subsection 1 or 2, as applicable, as determined by the Labor Commissioner, if the contractor or subcontractor is required to enter into an apprenticeship agreement pursuant to subsection 16 and refuses to do so.

8. The supporting documentation required pursuant to subsection 7 may include, without limitation: (a) Documentation of the submission by the contractor or subcontractor of one or more requests, as applicable, pursuant to subsection 7; and (b) Documentation that the apprenticeship program denied such a request, did not respond to such a request or responded that the program was unable to provide the requested apprentice.

9. The contractor or subcontractor and the apprenticeship program shall coordinate the starting date for any apprentice provided by the program.

10. On or before February 15 of each year, a contractor or subcontractor engaged in vertical or horizontal construction, as applicable, who employs a worker on one or more public works pursuant to NRS 338.040 shall report to the Labor Commissioner, on the form prescribed by the Labor Commissioner, the following information regarding those public works for the previous calendar year: (a) For each apprenticed craft or type of work, the total number of hours worked on vertical construction. (b) For each apprenticed craft or type of work, the total number of hours worked on horizontal construction. (c) For each apprenticed craft or type of work, the total number of hours worked by apprentices on vertical construction. (d) For each apprenticed craft or type of work, the total number of hours worked by apprentices on horizontal construction. (e) For each apprenticed craft or type of work, the percentage of the total number of hours worked on vertical construction that were worked by apprentices. (f) For each apprenticed craft or type of work, the percentage of the total number of hours worked on horizontal construction that were worked by apprentices.

11. The information required to be reported pursuant to subsection 10 must not include any identifying information about a public work or an apprentice or employee.

12. If the Labor Commissioner, on his or her own initiative or based on a complaint, makes a determination based on the information submitted pursuant to subsection 10 that a contractor or subcontractor did not make a good faith effort to comply with the provisions of subsection 1 or 2, as applicable, the Labor Commissioner shall notify the contractor or subcontractor in writing of the determination and: (a) Except as otherwise provided in paragraph (b), shall assess a penalty as follows: (1) If the apprentice utilization rate by the contractor or subcontractor on vertical construction of a public work is: (I) Seven and one-half percent or more but less than 10 percent of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $2,500 or $2 for each hour below the percentage required, whichever is higher. (II) More than 4 percent but less than 7.5 percent of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $3,000 or $4 for each hour below the percentage required, whichever is higher. (III) Four percent or less of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $5,000 or $6 for each hour below the percentage required, whichever is higher. (2) If the apprentice utilization rate by the contractor or subcontractor on horizontal construction of a public work is: (I) Two percent or more but less than 3 percent of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $2,500 or $2 for each hour below the percentage required, whichever is higher. (II) More than 1 percent but less than 2 percent of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $3,000 or $4 for each hour below the percentage required, whichever is higher. (III) One percent or less of the total hours of labor worked for an apprenticed craft or type of work, a penalty of $5,000 or $6 for each hour below the percentage required, whichever is higher. (b) Shall not assess a penalty if the total number of hours of labor required to be worked by apprentices: (1) On vertical construction pursuant to subsection 1, as applicable, during the previous calendar year is less than 40 hours. (2) On horizontal construction pursuant to subsection 2, as applicable, during the previous calendar year is less than 24 hours.

13. Except for good cause, the Labor Commissioner may not initiate his or her own investigation or accept a complaint based on the information submitted by a contractor or subcontractor pursuant to subsection 10 after May 1 immediately following the date on which the report was received by the Labor Commissioner.

14. In addition to the penalties set forth in subsection 12, if the Labor Commissioner, on his or her own initiative or based on a complaint, makes a determination that a contractor or subcontractor did not submit the report required pursuant to subsection 10 or made no attempt to comply with the provisions of subsection 1 or 2, as applicable, the Labor Commissioner shall: (a) Impose a penalty of not less than $10,000 but not more than $75,000; or (b) Disqualify the contractor or subcontractor from being awarded a contract for a public work for at least 180 days but not more than 2 years.

15. A contractor or subcontractor may request a hearing on the determination of the Labor Commissioner pursuant to subsection 12 or 14 within 10 days after receipt of the determination of the Labor Commissioner. The hearing must be conducted in accordance with regulations adopted by the Labor Commissioner. If the Labor Commissioner does not receive a request for a hearing pursuant to this subsection, the determination of the Labor Commissioner is a final decision for the purposes of judicial review pursuant to chapter 233B of NRS .

16. A contractor or subcontractor who is not a signatory to a collective bargaining agreement with the union sponsoring the apprenticeship program for an apprenticed craft or type of work engaged on a public work shall enter into an apprenticeship agreement for each apprentice required to be used in the construction of a public work.

17. As used in this section: (a) “ Apprentice ” means a person enrolled in an apprenticeship program recognized by the State Apprenticeship Council. (b) “ Apprenticed craft or type of work ” means a craft or type of work for which there is an existing apprenticeship program recognized by the State Apprenticeship Council. (c) “ Apprenticeship program ” means an apprenticeship program recognized by the State Apprenticeship Council. (d) “ Journeyman ” has the meaning ascribed to it in NRS 624.260 . (e) “ State Apprenticeship Council ” means the State Apprenticeship Council created by NRS 610.030 .
Nev. Rev. Stat. § 340.070 — NV Code / Title 28 / Chapter 340 / Section 340.070
Notice of proceedings
Status: in_force

1. Notice of such proceedings shall be given by one publication in a newspaper having a general circulation in each county in which any part of the property sought to be condemned is located. Such publication shall be at least 20 days and not more than 30 days prior to the date set for the hearing on the validity of the proceedings.

2. Such notice shall be in substantially the following form (the blanks being appropriately filled): To Whom It May Concern: Notice is hereby given that ________________ (here insert name of petitioner) has filed a petition in the above court under the Public Works Eminent Domain Law to acquire by condemnation for ________________ (here give brief general description of the public works project for which the land is sought to be acquired) the following-described land: (Here describe the land sufficiently for the identification thereof. Such description may be by use of a plat or map.) Notice is further given that on ________________ (here insert date of hearing, which must be at least 20 days and not more than 30 days after the date of publication) there will be a hearing in this court, at the opening thereof, for: (a) Determining the validity of the proceedings and the right of the petitioner, if it so elects, to take title to and possession of such property prior to final judgment, as authorized by NRS 340.160 , and any persons having any interest in or lien upon the above-described property shall be deemed to have waived their rights thereafter to object to the court's decision with respect to such issues, unless prior to the date they shall have filed in writing with the clerk of the court their objections thereto. (b) The appointment of a special master to determine the compensation to be awarded for such property and the persons entitled thereto. (c) The fixing of the date and place at which the special master shall hear and determine the compensation to be paid for such property and the person entitled thereto. Notice is further given that all claims or demands for compensation because of the taking and condemnation of such property must be filed with the above court before ________________ (here insert a date 15 days after the date above specified for the court hearing), or the same shall be deemed waived. Dated the ________ day of ________________ A.D. _________ Clerk of the court.

3. Notice of such proceedings shall also be given: (a) By posting a copy of the notice designated in subsection 2 in conspicuous places on the real property sought to be condemned. (b) By filing a copy thereof in the office of the clerk of the court in which such proceedings are pending. (c) By filing a copy thereof in the proper office or offices for the filing of lis pendens in each county in which any part of the real property is situated.

4. Such publication, posting and filing shall constitute a legal and sufficient notice to all persons having any interest in or lien upon the property described in the notice. The filing of such notice in the county office shall also be a constructive notice of the proceeding to any person who subsequently acquires any interest in or lien upon the property, and the petitioner shall take all property condemned under this chapter free of the claims of any such person.
Nev. Rev. Stat. § 341.050 — NV Code / Title 28 / Chapter 341 / Section 341.050
Compensation of members; allowances and expenses of members and employees
Status: in_force

1. Each appointed member of the Board is entitled to receive a salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board.

2. Except as otherwise provided in this subsection, while engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowances and travel expenses must be paid from money appropriated for the use of the Board, to the extent such money is available.
Nev. Rev. Stat. § 340.030 — NV Code / Title 28 / Chapter 340 / Section 340.030
Definitions
Status: in_force

The following terms whenever used or referred to in this chapter shall have the following respective meanings, unless a different meaning clearly appears from the context:

1. “Authorized corporation” means any corporation or association engaged or about to engage in any public works project, as herein defined, for a public use; but the construction of the public works project and its conduct thereafter by the corporation or association shall be subject to regulation or supervision by a federal agency, as herein defined, or a state public body, as herein defined, whether by virtue of an agreement, provision of law or otherwise.

2. “Court” means the court in which jurisdiction over proceedings hereunder is vested by the provisions of NRS 340.040 .

3. “Federal agency” means the United States of America, or any agency or instrumentality, corporate or otherwise, of the United States of America.

4. “Petitioner” means the one by whom proceedings for the acquisition of real property, as herein defined, are instituted hereunder pursuant to the provisions of NRS 340.040 .

5. “Public works project” means any work or undertaking which is financed in whole or in part by a federal agency, as herein defined, or by a state public body, as herein defined.

6. “Real property” or “property” or “lands” includes all lands, including improvements and fixtures thereon, lands under water, all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and all rights, interests, privileges, easements, encumbrances, and franchises relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise.

7. “State public body” means this State or any county, city, town, municipal corporation, authority, or any other subdivision, agency or instrumentality, corporate or otherwise, thereof.
Nev. Rev. Stat. § 338.1446 — NV Code / Title 28 / Chapter 338 / Section 338.1446
Attestation required before local government may perform certain smaller public works itself
Status: in_force

1. If a local government proposes to perform a public work itself in accordance with subsection 2 of NRS 338.1442 , the public officer responsible for the management of the public works of the local government must, if the estimated cost of the public work is more than $25,000 but not more than $100,000 and before work on the public work is commenced, prepare a signed attestation regarding the decision of the local government to perform the public work itself.

2. An attestation prepared pursuant to subsection 1: (a) Must set forth: (1) The estimated cost of the public work; (2) A general statement as to why the local government has decided to perform the public work itself; and (3) A general statement that the public work will adhere to the same quality and standards as would be required of a properly licensed contractor if the public work had been awarded to a properly licensed contractor; and (b) Is a public record and must be maintained on file at the administrative offices of the local government.
Nev. Rev. Stat. § 341.083 — NV Code / Title 28 / Chapter 341 / Section 341.083
Reports and recommendations: Priority of construction; projects for capital improvements; consideration of long-term plan addressing future need for suitable office spaces
Status: in_force

1. The Board shall submit reports and make recommendations relative to its findings to the Governor and to the Legislature. The Board shall particularly recommend to the Governor and to the Legislature the priority of construction of any buildings or other construction work now authorized or that may hereafter be authorized or proposed.

2. The Board shall submit before October 1 of each even-numbered year its recommendations for projects for capital improvements in the next biennium. The recommendations must, to the extent practicable, provide that each project which exceeds a cost of $10,000,000 be scheduled to receive funding for design and planning during one biennium and funding for construction in the subsequent biennium.

3. In making any recommendation required pursuant to this section, the Board must consider, without limitation, the long-term plan implemented and maintained pursuant to subsection 1 of NRS 341.127 that addresses the future need for suitable office spaces for the departments and agencies of this State.
Nev. Rev. Stat. § 338.605 — NV Code / Title 28 / Chapter 338 / Section 338.605
Payment of interest on amounts withheld improperly
Status: in_force

1. If a subcontractor makes payment to his or her subcontractor or supplier more than 10 days after the occurrence of any of the following acts or omissions: (a) The subcontractor fails to pay his or her subcontractor or supplier in accordance with the provisions of subsection 1 of NRS 338.590 ; (b) The subcontractor fails to give his or her subcontractor or supplier the written notice of any withholding as required by subsections 2 and 3 of NRS 338.600 ; or (c) The subcontractor receives a written notice of the correction of a condition set forth pursuant to subsection 4 of NRS 338.600 as the reason for the withholding from his or her subcontractor or supplier, 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 subcontractor receives the subcontractor's or supplier's 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, signed by an authorized agent of the subcontractor, the subcontractor shall pay to his or her 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 his or her subcontractor or supplier.

2. If the subcontractor objects pursuant to subparagraph (2) of paragraph (c) of subsection 1, the subcontractor shall pay to his or her subcontractor or supplier an amount that is equal to the value of the corrections to which the subcontractor does not object.
Nev. Rev. Stat. § 342.055 — NV Code / Title 28 / Chapter 342 / Section 342.055
Payments of certain costs, fees and sums to persons displaced as result of acquisition of property by or on behalf of redevelopment agency; exceptions; other appropriate action which allows relocation to comparable location
Status: in_force

1. In addition to the relocation benefits provided pursuant to NRS 342.045 , each person who is displaced from his or her business establishment as a result of the acquisition of property by an agency created pursuant to chapter 279 of NRS or by any person or entity acting on behalf of, in cooperation with or under contract with such an agency, and whose lease of the premises on which the establishment is situated is terminated as a consequence of the acquisition, must be paid: (a) The actual, reasonable and necessary costs of alterations and other physical changes that are required to be made to a new location to render it suitable for the operation of the business; (b) The actual, reasonable and necessary costs of modifications made to machinery, equipment and other personal property moved to the new location which were necessary for the operation of the business, except that such costs must not exceed the acquisition cost of the machinery, equipment and other personal property less accumulated depreciation; (c) The prorated fees for any licenses, registrations, permits or certifications that must be obtained for the business to operate in the new location; (d) The actual, reasonable and necessary fees for professional services incurred in connection with the acquisition of a replacement site, including the services of architects, appraisers, attorneys, engineers, realtors and other consultants; and (e) A sum equal to: (1) An amount which, when added to the amount that the tenant formerly paid in rent, will enable the tenant to rent or lease a comparable business location on the current market for a term equal to the period that would have remained on his or her lease if it had not been terminated as a result of the acquisition of the property or 3 years, whichever is greater; or (2) The fair market value of the business as determined in accordance with subsection 6 of NRS 37.009 if the business owner is unable to relocate his or her business establishment to a comparable new location because of the operation of a governmental ordinance, regulation or restriction or because a comparable business location is not available.

2. The provisions of this section do not apply to month-to-month tenancies.

3. The provisions of this section do not apply to a business which executes an initial lease within 1 year before the approval of a development agreement or other similar action of a governmental body identifying the property that will be acquired, unless the business is renewing a lease on a site that it has occupied for more than 1 year before the identification of the property that will be acquired.

4. A governmental body may adopt ordinances or regulations or take any other appropriate action which allows a business to be relocated to a comparable business location.

5. As used in this section, “comparable business location” means a location that is decent, safe and sanitary, adequate in size for the needs of the displaced business, functionally equivalent for the purposes of the displaced business and located in an area not subject to unreasonably adverse environmental conditions.

6. Nothing contained in this section requires a governmental body to relocate a business to a location in a redevelopment area or an area similar to a redevelopment area, or to provide the benefits that a location in a redevelopment area would provide.
Nev. Rev. Stat. § 341.105 — NV Code / Title 28 / Chapter 341 / Section 341.105
Authority of Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or designee to issue order to compel cessation of work; penalties; contest; enforcement
Status: in_force

1. When acting in the capacity of building official pursuant to subsection 9 of NRS 341.100 , the Deputy Administrator of the Public Works--Compliance and Code Enforcement Section or his or her designated representative may issue an order to compel the cessation of work on all or any portion of a building or structure based on health or safety reasons or for violations of applicable building codes or other laws or regulations.

2. If a person receives an order issued pursuant to subsection 1, the person shall immediately cease work on the building or structure or portion thereof.

3. Any person who willfully refuses to comply with an order issued pursuant to subsection 1 or who willfully encourages another person to refuse to comply or assists another person in refusing to comply with such an order is guilty of a misdemeanor and shall be punished as provided in NRS 193.150 . Any penalties collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

4. In addition to the criminal penalty set forth in subsection 3, the Deputy Administrator of the Public Works--Compliance and Code Enforcement Section may impose an administrative penalty of not more than $1,000 per day for each day that a person violates subsection 3.

5. If a person wishes to contest an order issued to the person pursuant to subsection 1, the person may bring an action in district court. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. An action brought pursuant to this subsection does not stay enforcement of the order unless the district court orders otherwise.

6. If a person refuses to comply with an order issued pursuant to subsection 1, the Deputy Administrator of the Public Works--Compliance and Code Enforcement Section may bring an action in the name of the State of Nevada in district court to compel compliance and to collect any administrative penalties imposed pursuant to subsection 4. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. Any attorney's fees and costs awarded by the court in favor of the State and any penalties collected in the action must be deposited with the State Treasurer for credit to the State General Fund.

7. No right of action exists in favor of any person by reason of any action or failure to act on the part of the Division, Director of the Department, Administrator, Board or the Deputy Administrator of the Public Works--Compliance and Code Enforcement Section or any officers, employees or agents of the Division in carrying out the provisions of this section.

8. As used in this section, “ person ” includes a government and a governmental subdivision, agency or instrumentality.
Nev. Rev. Stat. § 338.420 — NV Code / Title 28 / Chapter 338 / Section 338.420
“Progress payment” defined
Status: in_force

“Progress payment” means the payment for a portion of the supplies, work performed or services provided by a contractor, subcontractor or supplier for a public work.
Nev. Rev. Stat. § 341.119 — NV Code / Title 28 / Chapter 341 / Section 341.119
Delegation by Administrator of certain authority of Division to state agency
Status: in_force

1. Except as otherwise provided in this subsection, upon the request of the head of a state agency, the Administrator may delegate to that agency any of the authority granted the Division pursuant to NRS 341.141 to 341.148 , inclusive. The Administrator shall not delegate the powers described in subsection 2 of NRS 341.145 .

2. This section does not limit any of the authority of the Legislature when the Legislature is in regular or special session or the Interim Finance Committee when the Legislature is not in regular or special session to consult with the Division concerning a construction project or to approve the advance planning of a project.
Nev. Rev. Stat. § 339.045 — NV Code / Title 28 / Chapter 339 / Section 339.045
Certified copies of payment bonds and contracts to be furnished applicant by contracting body; fee; copies as prima facie evidence
Status: in_force

1. The contracting body shall furnish a certified copy of any payment bond and the contract for which such bond was given to any person who makes an application for such copy and who submits an affidavit stating that the person: (a) Has supplied labor or material for the completion of the work provided for in the contract, and that the person has not been fully paid for such labor or material; (b) Is the defendant in an action brought on a payment bond; or (c) Is surety in a payment bond on which an action has been brought.

2. Every such applicant shall pay for each certified copy a fee fixed by the contracting body to cover the actual cost of the preparation of such copy.

3. A certified copy of any payment bond and of the contract for which such bond was given shall constitute prima facie evidence of the contents, execution and delivery of the original of such bond and contract.
Nev. Rev. Stat. § 341.128 — NV Code / Title 28 / Chapter 341 / Section 341.128
Duty to periodically inspect state-owned buildings and physical plant facilities of state-owned institutions; exception; reports
Status: in_force

1. The Division shall periodically inspect all buildings owned by the State and all physical plant facilities at all institutions owned by the State, except any building or physical plant facility owned by any component of the Nevada System of Higher Education.

2. Reports of all inspections, including findings and recommendations, must be submitted to the appropriate state agencies and, if the Division finds any matter of serious concern in a report, it shall submit that report to the Legislative Commission.
Nev. Rev. Stat. § 338.1588 — NV Code / Title 28 / Chapter 338 / Section 338.1588
Public-private partnership: Methods of procurement; information required to be provided by public body for certain procurements; relative weight of factors in evaluation of proposals; exemption from public bidding or procurement procedures; expenditure of money; sale, lease, grant, transfer or conveyance of facility or property or interest therein to public body
Status: in_force

1. A public body may procure a public-private partnership by means of: (a) Requests for project proposals in which the public body describes a class of transportation facilities or a geographic area in which private entities are invited to submit proposals to develop transportation facilities. (b) Solicitations using requests for qualifications, short-listings of qualified proposers, requests for proposals, negotiations, best and final offers or other procurement procedures. (c) Procurements seeking from the private sector development and finance plans most suitable for the project. (d) Best value selection procurements based on price or financial proposals, or both, or other factors. (e) Other procedures that the public body determines may further the implementation of a public-private partnership.

2. For any procurement in which the public body issues a request for qualifications, request for proposals or similar solicitation document, the request must generally set forth the factors that will be evaluated and the manner in which responses will be evaluated. Such factors may include, without limitation: (a) The ability of the transportation facility to promote economic growth and to improve safety, reduce congestion or increase capacity. (b) The proposed cost and a proposed financial plan for the transportation facility. (c) The general reputation, qualifications, industry experience and financial capacity of the proposer. (d) The proposed design, operation and feasibility of the transportation facility. (e) Comments from users, local citizens and affected jurisdictions. (f) Benefits to the public. (g) The safety record of the proposer. (h) Other criteria that the public body deems appropriate.

3. In evaluating proposals, the public body may give such relative weight to factors such as cost, financial commitment, innovative financing, technical, scientific, technological or socioeconomic merit and other factors as the public body deems appropriate.

4. The public body may procure services, award agreements and administer revenues as authorized in this section notwithstanding any requirements of any other state or local statute, regulation or ordinance relating to public bidding or other procurement procedures.

5. The public body may expend money from any lawful source reasonably necessary for the development of procurements, evaluation of concepts or proposals, negotiation of agreements and implementation of agreements for the development or operation of transportation facilities pursuant to NRS 338.158 to 338.1602 , inclusive.

6. Any state agency or any county, municipality or other public agency may sell, lease, grant, transfer or convey to the public body, with or without consideration, any facility or any part or parts thereof or any real or personal property or interest therein which may be useful to the public body for any authorized purpose. In any case where the construction of a facility has not been completed, the public agency concerned may also transfer, sell, assign, and set over to the public body, with or without consideration, any existing contract for the construction of the facility.
Nev. Rev. Stat. § 338.1379 — NV Code / Title 28 / Chapter 338 / Section 338.1379
State and local government public works: Submission of application to qualify as bidder; investigation of applicant; determination; notice; period of qualification; use of criteria; confidentiality of certain financial information concerning applicant; denial or revocation of qualification in certain circumstances
Status: in_force

1. Except as otherwise provided in NRS 338.1382 , a contractor who wishes to qualify as a bidder on a contract for a public work must submit an application to the Division or the local government.

2. Upon receipt of an application pursuant to subsection 1, the Division or the local government shall: (a) Investigate the applicant to determine whether the applicant is qualified to bid on a contract; and (b) After conducting the investigation, determine whether the applicant is qualified to bid on a contract. The determination must be made within 45 days after receipt of the application.

3. The Division or the local government shall notify each applicant in writing of its determination. If an application is denied, the notice must set forth the reasons for the denial and inform the applicant of the right to a hearing pursuant to NRS 338.1381 .

4. The Division or the local government may determine an applicant is qualified to bid: (a) On a specific project; or (b) On more than one project over a period of time to be determined by the Division or the local government.

5. Except as otherwise provided in subsection 8, the Division shall not use any criteria other than criteria adopted by regulation pursuant to NRS 338.1375 in determining whether to approve or deny an application.

6. Except as otherwise provided in subsection 8, the local government shall not use any criteria other than the criteria described in NRS 338.1377 in determining whether to approve or deny an application.

7. Except as otherwise provided in NRS 239.0115 , financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to the Division or a local government to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.

8. The Division or the local government shall deny an application and revoke any existing qualification to bid if it finds that the applicant has, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000.
Nev. Rev. Stat. § 341.087 — NV Code / Title 28 / Chapter 341 / Section 341.087
Adoption of certain seismic provisions and standards
Status: in_force

For the purposes of the design and construction of buildings or other projects of this State, the Board shall adopt by regulation:

1. The seismic provisions of the International Building Code published by the International Code Council; and

2. Standards for the investigation of hazards relating to seismic activity, including, without limitation, potential surface ruptures and liquefaction.
Nev. Rev. Stat. § 338.167 — NV Code / Title 28 / Chapter 338 / Section 338.167
Contract for transportation services
Status: in_force

A public body may contract with a person whose request or proposal is approved pursuant to NRS 338.166 for transportation services to be provided by the transportation facility in exchange for such payments for service and other consideration as the public body may deem appropriate.
Nev. Rev. Stat. § 338.1725 — NV Code / Title 28 / Chapter 338 / Section 338.1725
Selection of finalists based on preliminary proposals; minimum number of proposals required; availability to public of certain information
Status: in_force

1. The public body shall select at least two but not more than four finalists from among the design-build teams that submitted preliminary proposals. If the public body does not receive at least two preliminary proposals from design-build teams that the public body determines to be qualified pursuant to this section and NRS 338.1721 , the public body may not contract with a design-build team for the design and construction of the public work.

2. The public body shall select finalists pursuant to subsection 1 by: (a) Verifying that each design-build team which submitted a preliminary proposal satisfies the requirements of NRS 338.1721 ; (b) Conducting an evaluation of the qualifications of each design-build team that submitted a preliminary proposal, including, without limitation, an evaluation of: (1) The professional qualifications and experience of the members of the design-build team; (2) The performance history of the members of the design-build team concerning other recent, similar projects completed by those members, if any; (3) The safety programs established and the safety records accumulated by the members of the design-build team; and (4) The proposed plan of the design-build team to manage the design and construction of the public work that sets forth in detail the ability of the design-build team to design and construct the public work; and (c) Except as otherwise provided in this paragraph, assigning, without limitation, a relative weight of 5 percent to the possession of both a certificate of eligibility to receive a preference in bidding on public works by all contractors on the design-build team and a certificate of eligibility to receive a preference when competing for public works by all design professionals on the design-build team. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this paragraph relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this paragraph do not apply insofar as their application would preclude or reduce federal assistance for that public work.

3. After the selection of finalists pursuant to this section, the public body shall make available to the public the results of the evaluations of preliminary proposals conducted pursuant to paragraph (b) of subsection 2 and identify which of the finalists, if any, received an assignment of 5 percent pursuant to paragraph (c) of subsection 2.
Nev. Rev. Stat. § 340.180 — NV Code / Title 28 / Chapter 340 / Section 340.180
Divesting title of owner
Status: in_force

Upon vesting of title to any property in the petitioner, all the right, title and interest of all persons having any interest therein or lien thereupon shall be divested immediately, and such persons thereafter shall be entitled only to receive compensation for such property.
Nev. Rev. Stat. § 338.550 — NV Code / Title 28 / Chapter 338 / Section 338.550
Time for making payments; amounts paid
Status: in_force

Except as otherwise provided in NRS 338.555 , 338.560 and 338.565 :

1. Each contractor shall disburse money paid to the contractor pursuant to this chapter, including any interest which the contractor receives, to his or her subcontractors and suppliers within 10 days after the contractor receives the money, in direct proportion to the subcontractors' and suppliers' basis in the progress bill or retainage bill and any accrued interest thereon.

2. A contractor shall make payments to his or her subcontractor or supplier in an amount equal to that subcontractor's or supplier's basis in the payments paid by the public body to the contractor for the supplies, material and equipment identified in the contract between the contractor and the public body, or between the subcontractor or supplier and the contractor, within 10 days after the contractor has received a progress payment or retainage payment from the public body for those supplies, materials and equipment.
Nev. Rev. Stat. § 338.13862 — NV Code / Title 28 / Chapter 338 / Section 338.13862
Requirements for awarding contract for smaller public work to contractor
Status: in_force

1. Before this State or a local government awards a contract for the completion of a public work in accordance with subsection 1 of NRS 338.1386 , the State or the local government must: (a) If the estimated cost of the public work is more than $25,000 but not more than $100,000, solicit bids from at least three properly licensed contractors; and (b) If the estimated cost of the public work is $25,000 or less, solicit a bid from at least one properly licensed contractor.

2. Any bids received in response to a solicitation for bids made pursuant to this section may be rejected if the State or the local government determines that: (a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; (b) The bidder is not responsive or responsible; or (c) The public interest would be served by such a rejection.

3. At least once each quarter, the State and each local government shall prepare a report detailing, for each public work over $25,000 for which a contract for its completion is awarded pursuant to paragraph (a) of subsection 1, if any: (a) The name of the contractor to whom the contract was awarded; (b) The amount of the contract awarded; (c) A brief description of the public work; and (d) The names of all contractors from whom bids were solicited.

4. A report prepared pursuant to subsection 3 is a public record and must be maintained on file at the administrative offices of the applicable public body.

5. The provisions of this section do not relieve this State from the duty to award the contract for the public work to a bidder who is: (a) Qualified pursuant to the applicable provisions of NRS 338.1375 to 338.1382 , inclusive; and (b) The lowest responsive and responsible bidder, if bids are required to be solicited from more than one properly licensed contractor pursuant to subsection 1. For the purposes of this paragraph, the lowest responsive and responsible bidder must be determined in consideration of any applicable bidder's preference granted pursuant to NRS 338.13844 .
Nev. Rev. Stat. § 338.13847 — NV Code / Title 28 / Chapter 338 / Section 338.13847
Regulations
Status: in_force

The State Public Works Board may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 338.1384 to 338.13847 , inclusive. The regulations may include, without limitation, provisions setting forth:

1. The method by which a business may apply to receive a preference described in NRS 338.13844 ;

2. Subject to the provisions of NRS 417.0187 , the documentation or other proof that a business must submit to demonstrate that it qualifies for a preference described in NRS 338.13844 ; and

3. Such other matters as the Division deems relevant.

In carrying out the provisions of this section, the State Public Works Board and the Division shall, to the extent practicable, cooperate and coordinate with the Purchasing Division of the Department of Administration so that any regulations adopted pursuant to this section and NRS 333.3369 are reasonably consistent.
Nev. Rev. Stat. § 338.13895 — NV Code / Title 28 / Chapter 338 / Section 338.13895
Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work
Status: in_force

1. The Division shall not award a 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, or who, at the time of the bid, is on disqualified status with the Division pursuant to NRS 338.1376 , shall be deemed unacceptable. If the subcontractor is deemed unacceptable pursuant to this subsection, the contractor shall provide an acceptable subcontractor with no increase in the amount of the contract or bid.

2. A local government 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 work, shall be deemed unacceptable. If the subcontractor is deemed unacceptable pursuant to this subsection, the contractor shall provide an acceptable subcontractor with no increase in the amount of the contract or bid.

3. If, after awarding the contract, but before commencement of the work, the public body 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 public body 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 bidder who was determined by the public body or its authorized representative to be a qualified bidder pursuant to NRS 338.1379 or 338.1382 without requiring that new bids be submitted.
Nev. Rev. Stat. § 338.1444 — NV Code / Title 28 / Chapter 338 / Section 338.1444
Award of contract for smaller public work to contractor: Solicitation of bids; rejection of bids; quarterly report by local government; compliance by local government with certain requirements
Status: in_force

1. Before a local government awards a contract for the completion of a public work in accordance with subsection 1 of NRS 338.1442 , the local government must: (a) If the estimated cost of the public work is more than $25,000 but not more than $100,000, solicit bids from at least three properly licensed contractors; and (b) If the estimated cost of the public work is $25,000 or less, solicit a bid from at least one properly licensed contractor.

2. Any bids received in response to a solicitation for bids made pursuant to this section may be rejected if the local government determines that: (a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; (b) The bidder is not responsive or responsible; or (c) The public interest would be served by such a rejection.

3. At least once each quarter, a local government shall prepare a report detailing, for each public work over $25,000 for which a contract for its completion is awarded pursuant to paragraph (a) of subsection 1, if any: (a) The name of the contractor to whom the contract was awarded; (b) The amount of the contract awarded; (c) A brief description of the public work; and (d) The names of all contractors from whom bids were solicited.

4. A report prepared pursuant to subsection 3 is a public record and must be maintained on file at the administrative offices of the applicable public body.

5. The provisions of this section do not relieve a local government from the duty to award the contract for the public work to a bidder who is the lowest responsive and responsible bidder if bids are required to be solicited from more than one properly licensed contractor pursuant to subsection 1.
Nev. Rev. Stat. § 341.130 — NV Code / Title 28 / Chapter 341 / Section 341.130
Authority to participate in interstate, regional and national projects and to confer and cooperate with federal officials and entities of neighboring states
Status: in_force

The Division is authorized:

1. To participate in interstate, regional and national planning projects for the purpose of conserving and promoting public health and the safety, convenience and general welfare of the people.

2. Through its Board or its staff, to confer and cooperate with federal officials and with the executive, legislative or planning authorities of neighboring states and of the counties and municipalities of such states.
Nev. Rev. Stat. § 338.090 — NV Code / Title 28 / Chapter 338 / Section 338.090
Penalties
Status: in_force

1. Except as otherwise provided in subsection 5, any person, including the officers, agents or employees of a public body, who violates any provision of NRS 338.010 to 338.090 , inclusive, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.

2. The Labor Commissioner, in addition to any other remedy or penalty provided in this chapter: (a) Shall, except as otherwise provided in subsection 4, assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090 , inclusive, an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid; (b) Shall require a person found to have willfully and repeatedly failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090 , inclusive, to pay damages to each affected worker in an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid to the worker; and (c) May, in addition to any other administrative penalty, impose an administrative penalty not to exceed the costs incurred by the Labor Commissioner to investigate and prosecute the matter.

3. If the Labor Commissioner finds that a person has failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090 , inclusive, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay the actual costs incurred by the public body to investigate the matter.

4. The Labor Commissioner is not required to assess a person an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid if the contractor or subcontractor has already paid that amount to a worker pursuant to paragraph (c) of subsection 4 of NRS 338.035 .

5. The provisions of subsection 1 do not apply to a subcontractor specified in NRS 338.072 .
Nev. Rev. Stat. § 341.148 — NV Code / Title 28 / Chapter 341 / Section 341.148
Advertisement for sealed bids required for projects whose estimated cost exceeds $100,000; acceptance of bids; letting of contracts for all or part of project
Status: in_force

The Division shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for each construction project whose estimated cost is more than $100,000. Approved plans and specifications for the construction must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The Division may accept bids on either the whole or a part of the construction, equipment and furnishings of a construction project and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result to this State.
Nev. Rev. Stat. § 338.159 — NV Code / Title 28 / Chapter 338 / Section 338.159
Alternative methods: Submission of request to public body; contents of request
Status: in_force

1. A person may submit a request to a public body to design, finance, lease, repair, acquire, extend, expand, plan, equip, replace, develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility.

2. The request must be accompanied by the following information: (a) A topographic map indicating the location of the transportation facility. (b) A description of the transportation facility, including, without limitation, the conceptual design of the transportation facility. (c) The projected total cost of the transportation facility over its life and the proposed date for the development of or the commencement of the construction of, or improvements to, the transportation facility. (d) A statement setting forth the method by which the person submitting the request proposes to secure all property interests required for the transportation facility. The statement must include, without limitation: (1) The names and addresses, if known, of the current owners of any property needed for the transportation facility; (2) The nature of the property interests to be acquired; and (3) Any property that the person submitting the request proposes that the public body condemn. (e) A list of all permits and approvals required for the development or construction of or improvement to the transportation facility from local, state or federal agencies and a projected schedule for obtaining those permits and approvals. (f) A statement setting forth the general plans of the person submitting the request for financing and operating the transportation facility, which must include, without limitation: (1) A plan for the development, financing and operation of the transportation facility, including, without limitation, an indication of the proposed sources of money for the development and operation of the transportation facility, the anticipated use of such money and the anticipated schedule for the receipt of such money; (2) A list of any assumptions made by the person about the anticipated use of the transportation facility, including, without limitation, the fees that will be charged for the use of the transportation facility, and a discussion of those assumptions; (3) The identification of any risk factors identified by the person that are associated with developing, constructing or improving the transportation facility and the plan for addressing those risk factors; (4) The identification of any local, state or federal resources that the person anticipates requesting for development and operation of the transportation facility, including, without limitation, an anticipated schedule for the receipt of those resources and the effect of those resources on any statewide or regional program for the improvement of transportation; and (5) The identification and analysis of any costs or benefits associated with the proposed transportation facility, performed by a professional engineer who is licensed pursuant to chapter 625 of NRS . (g) The names and addresses of the persons who may be contacted for further information concerning the request. (h) Any additional material and information that the public body may request.

3. The request must also include: (a) Information relating to the current transportation plans, if any, of any governmental entity in the jurisdiction of which any portion of the transportation facility is located. (b) A list of the facilities of any utility or existing transportation facility that will be impacted by the transportation facility and a statement of the plans of the person submitting the request to accommodate such crossings.
Nev. Rev. Stat. § 338.16925 — NV Code / Title 28 / Chapter 338 / Section 338.16925
Confidentiality of documents and other information submitted in response to request for proposals
Status: in_force

Except as otherwise provided in subsection 4 of NRS 338.1692 :

1. Any document or other information submitted to a public body in response to a request for proposals pursuant to NRS 338.1692 by a contractor seeking a contract between the public body and a construction manager at risk pursuant to NRS 338.1685 to 338.16995 , inclusive, is confidential and may not be disclosed until notice of intent to award the contract is issued.

2. As used in this section, the term “ document or other information ” means any submittal by a contractor to a public body in response to a request for proposals pursuant to NRS 338.1692 and includes, without limitation, a proposal made pursuant to NRS 338.1692 .
Nev. Rev. Stat. § 340.150 — NV Code / Title 28 / Chapter 340 / Section 340.150
Certified copy of judgment
Status: in_force

Upon the rendition of the final judgment vesting title in the petitioner, the clerk of the court shall make and certify, under the seal of the court, a copy or copies of such judgment, which shall be filed or recorded in the proper county office or offices for the recording of documents pertaining to the real property described therein, and such filing or recording shall constitute notice to all persons of the contents thereof.
Nev. Rev. Stat. § 338.530 — NV Code / Title 28 / Chapter 338 / Section 338.530
Payment of interest on amounts withheld improperly
Status: in_force

1. If a public body receives: (a) A progress bill or retainage bill, fails to give a contractor a written notice of any withholding in the manner set forth in subsection 2 of NRS 338.525 , and does not pay the contractor within 30 days after receiving the progress bill or retainage bill; or (b) A contractor's written notice of the correction of a condition set forth pursuant to subsection 2 of NRS 338.525 as the reason for the withholding, signed by an authorized agent of the contractor, and fails to: (1) Pay the amount of the progress payment or retainage payment that was withheld from the contractor within 30 days after the public body receives the next progress bill or retainage bill; or (2) Object to the scope and manner of the correction, within 30 days after the public body receives the notice of correction, in a written statement that sets forth the reason for the objection and is signed by an authorized agent of the public body, the public body shall pay to the contractor, in addition to the entire amount of the progress bill or retainage bill or any unpaid portion thereof, interest from the 30th day on the amount delayed, at a rate equal to the amount provided for in subsection 6 of NRS 338.515 , until payment is made to the contractor.

2. If the public body objects pursuant to subparagraph (2) of paragraph (b) of subsection 1, it shall pay to the contractor an amount equal to the value of the corrections to which the public body does not object.
Nev. Rev. Stat. § 338.1596 — NV Code / Title 28 / Chapter 338 / Section 338.1596
Deposit and use of money received and retained by public body pursuant to public-private partnership derived from charge with respect to operation of motor vehicle on highway in State
Status: in_force

All money which is received and is to be retained by a public body pursuant to a public-private partnership and which is derived from the imposition of any charge with respect to the operation of any motor vehicle upon any public highway in this State must be deposited in the State Highway Fund, accounted for separately and, except for costs of administration, be used exclusively for the design, construction, operation, maintenance, financing and repair of the public highways of the county from which the money is received. The money must first be used to defray the obligations for which the public body is responsible under the public-private partnership, including, without limitation, the costs of administration, design, construction, operation, maintenance, financing and repair of the transportation facility from which the money is derived.
Nev. Rev. Stat. § 338.1582 — NV Code / Title 28 / Chapter 338 / Section 338.1582
“Private partner” defined
Status: in_force

“ Private partner ” means a person with whom a public body enters into a public-private partnership.
Nev. Rev. Stat. § 341.146 — NV Code / Title 28 / Chapter 341 / Section 341.146
Funds for projects of capital construction: Establishment and use; accrual of interest on and return of remaining money that has not been appropriated by Legislature for project; priority of expenditure of money from more than one source
Status: in_force

1. The Division shall establish funds for projects of capital construction necessary to account for the program of capital construction approved by the Legislature. These funds must be used to account for all revenues, appropriations and expenditures restricted to constructing buildings and other projects which come under the supervision of the Division.

2. If a state department, board, commission or agency provides to the Division money that has not been appropriated by the Legislature for a capital improvement project, any interest earned on that money accrues to the benefit of the project. Upon a determination by the Administrator that the project is completed, the Division shall return any principal and interest remaining on that money to the department, board, commission or agency that had provided the money to the Division.

3. Except as otherwise provided in subsection 4, if the money actually received by the Division for a capital improvement project includes money from more than one source, the money must be expended in the following order: (a) Money received for the project from the Federal Government; (b) Money generated by the state department, board, commission or agency for whom the project is being performed; (c) Money that was approved for the same or a different project during a previous biennium that has been reallocated during the current biennium for the project; (d) Except as otherwise provided in paragraphs (e), (f) and (g), money received for the project from any other source; (e) Money from the issuance of general obligation bonds; (f) Money from the State Highway Fund; and (g) Money from the State General Fund.

4. The provisions of subsection 3 do not apply if the receipt of any money from the Federal Government for the project is conditioned upon a different order of expenditure.
Nev. Rev. Stat. § 338.16991 — NV Code / Title 28 / Chapter 338 / Section 338.16991
Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Eligibility; procedure for determination of qualification of subcontractor to submit proposal
Status: in_force

1. To be eligible to provide labor, materials or equipment on a public work, the contract for which a public body has entered into with a construction manager at risk pursuant to NRS 338.1696 , a subcontractor must be: (a) Licensed pursuant to chapter 624 of NRS ; and (b) Qualified pursuant to the provisions of this section to submit a proposal for the provision of labor, materials or equipment on a public work.

2. Subject to the provisions of subsections 3, 4 and 5, the construction manager at risk shall determine whether an applicant is qualified to submit a proposal for the provision of labor, materials or equipment on the public work for the purposes of paragraph (b) of subsection 1.

3. Not earlier than 30 days after a construction manager at risk has been selected pursuant to NRS 338.1693 and not later than 10 working days before the date by which an application must be submitted, the construction manager at risk shall advertise for applications from subcontractors in the manner set forth in paragraph (a) of subsection 1 of NRS 338.1385 . The construction manager at risk may accept an application from a subcontractor before advertising for applications pursuant to this subsection.

4. The criteria to be used by the construction manager at risk when determining whether an applicant is qualified to submit a proposal for the provision of labor, materials or equipment must include, and must be limited to: (a) The monetary limit placed on the license of the applicant by the State Contractors' Board pursuant to NRS 624.220 ; (b) The financial ability of the applicant to provide the labor, materials or equipment required on the public work; (c) Whether the applicant has the ability to obtain the necessary bonding for the work required by the public body; (d) The safety programs established and the safety records accumulated by the applicant; (e) Whether the applicant has breached any contracts with a public body or person in this State or any other state during the 5 years immediately preceding the application; (f) 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; (g) The performance history of the applicant concerning other recent, similar public or private contracts, if any, completed by the applicant in Nevada; (h) The principal personnel of the applicant; (i) Whether the applicant has been disqualified from the award of any contract pursuant to NRS 338.017 or 338.13895 ; and (j) The truthfulness and completeness of the application.

5. The public body or its authorized representative shall ensure that each determination made pursuant to subsection 2 is made subject to the provisions of subsection 4.

6. The construction manager at risk shall notify each applicant and the public body in writing of a determination made pursuant to subsection 2.

7. A determination made pursuant to subsection 2 that an applicant is not qualified may be appealed pursuant to NRS 338.1381 to the public body with whom the construction manager at risk has entered into a contract for the construction of the public work.
Nev. Rev. Stat. § 341.017 — NV Code / Title 28 / Chapter 341 / Section 341.017
Creation; composition; administration of provisions
Status: in_force

1. There is hereby created the State Public Works Division of the Department of Administration.

2. The Division consists of: (a) The Administrator; (b) The Buildings and Grounds Section; (c) The Public Works--Compliance and Code Enforcement Section; (d) The Public Works--Professional Services Section; and (e) The State Public Works Board.

3. The Division shall, subject to the administrative supervision of the Director of the Department, administer the provisions of this chapter and NRS 331.010 to 331.145 , inclusive.
Nev. Rev. Stat. § 341.121 — NV Code / Title 28 / Chapter 341 / Section 341.121
Usage of grants
Status: in_force

The Division may, with the approval of the Interim Finance Committee when the Legislature is not in regular or special session, or with the approval of the Legislature, by concurrent resolution, when the Legislature is in regular or special session, use grants of money received under authority of this chapter, unless otherwise limited by the conditions of any such grant, for:

1. The design and construction of public buildings or projects for which no appropriation has been made by the Legislature, or the acquisition of real property for such buildings or projects, or both.

2. Additional acquisition, design and construction costs on public buildings or projects, through appropriate contract procedures, for which the original legislative appropriation made no provision.
Nev. Rev. Stat. § 340.200 — NV Code / Title 28 / Chapter 340 / Section 340.200
Recovery of award paid to unentitled person
Status: in_force

If an award shall be paid to a person not entitled thereto, the sole recourse of the person to whom it should have been paid shall be against the person to whom it shall have been paid. In such event the person entitled to the award may sue for and recover the same, with lawful interest and costs of suit, as such money had and received to his or her use by the person to whom the same shall have been paid.
Nev. Rev. Stat. § 338.425 — NV Code / Title 28 / Chapter 338 / Section 338.425
“Retainage” defined
Status: in_force

“Retainage” means the amount authorized to be withheld from a progress payment pursuant to the provisions of NRS 338.515 , 338.555 or 338.595 .
Nev. Rev. Stat. § 341.166 — NV Code / Title 28 / Chapter 341 / Section 341.166
Contracts with licensed contractors for services which assist Division in development and review of designs, plans, specifications and estimates of costs for proposed construction projects; bidding on proposed construction project; regulations
Status: in_force

1. The Administrator may enter into a contract for services with a contractor licensed pursuant to chapter 624 of NRS to assist the Division: (a) In the development of designs, plans, specifications and estimates of costs for a proposed construction project. (b) In the review of designs, plans, specifications and estimates of costs for a proposed construction project to ensure that the designs, plans, specifications and estimates of costs are complete and that the project is feasible to construct.

2. The Division is not required to advertise for bids for a contract for services pursuant to subsection 1, but may solicit bids from not fewer than three licensed contractors and may award the contract to the lowest responsible and responsive bidder.

3. The Board shall adopt regulations establishing procedures for: (a) The determination of the qualifications of contractors to bid for the contracts for services described in subsection 1. (b) The bidding and awarding of such contracts.

4. If a proposed construction project for which a contractor is awarded a contract for services by the Division pursuant to subsection 1 is advertised pursuant to NRS 338.1385 , that contractor may submit a bid for the contract for the proposed construction project if the contractor is qualified pursuant to NRS 338.1375 .
Nev. Rev. Stat. § 338.13845 — NV Code / Title 28 / Chapter 338 / Section 338.13845
Fraudulent acts
Status: in_force

1. If the Division determines that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in NRS 338.13844 , the business is thereafter permanently prohibited from: (a) Applying for or receiving a preference described in NRS 338.13844 ; and (b) Bidding on a contract for a public work of this State.

2. If the Division determines, as described in subsection 1, that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in NRS 338.13844 , the business may apply to the Administrator to review the decision pursuant to chapter 233B of NRS .

3. As used in this section, “Administrator” has the meaning ascribed to it in NRS 341.011 .
Nev. Rev. Stat. § 338.131 — NV Code / Title 28 / Chapter 338 / Section 338.131
Prehire agreement: Authority of local government to enter; preferential employment of local residents authorized; exception; applicability of provisions governing payment of prevailing wages
Status: in_force

1. Except as otherwise provided in subsection 2, a local government sponsoring or financing a public work may enter into a prehire agreement for the public work. Any such prehire agreement may contain a preference for hiring labor on the public work to local residents who possess a valid driver's license or identification card issued by the Department of Motor Vehicles or other proof of current address which indicates that the person resides: (a) Within the jurisdiction of the local government; (b) Within a certain specified distance of the jurisdiction of the local government, as provided by the local government sponsoring or financing the public work; or (c) Within a certain geographic area within the jurisdiction of the local government.

2. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 1, those provisions do not apply insofar as their application would preclude or reduce federal assistance.

3. Nothing in this section shall be construed to authorize a contractor on a public work to pay any worker on the public work less than the applicable prevailing wage required pursuant to NRS 338.020 to 338.090 , inclusive.
Nev. Rev. Stat. § 338.400 — NV Code / Title 28 / Chapter 338 / Section 338.400
Definitions
Status: in_force

As used in NRS 338.400 to 338.645 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 338.415 to 338.435 , inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 340.130 — NV Code / Title 28 / Chapter 340 / Section 340.130
Notice of report; filing of objections
Status: in_force

Upon the filing of such report by the special master, the court, without delay, shall fix a date for the hearing of any objections filed thereto. Notice that the report has been filed, that all objections thereto must be filed with the court within 10 days after the date of the mailing of such notice, and that the court has fixed a certain date (which shall be stated therein) for the hearing of such objections, shall be given by sending a copy of such notice by registered or certified mail to all persons who have appeared in the proceeding or their attorneys of record at their last known addresses. Upon the expiration of 10 days after the mailing of such notice, all objections to the report shall be deemed waived by all persons who have not filed written objections with the court.
Nev. Rev. Stat. § 340.190 — NV Code / Title 28 / Chapter 340 / Section 340.190
Payment of award or deposit into court; disbursement
Status: in_force

1. The payment into court by the petitioner of the amount of any award or the deposit in court of the amount estimated by the petitioner to be the just compensation for the property taken or condemned, shall be deemed to be a payment or deposit of money for the use of the persons entitled thereto.

2. Such payment or deposit shall constitute a payment to the persons entitled thereto to the extent of the moneys so paid or deposited into court.

3. Any such payment shall be as valid and effectual in all respects as if it were made by the petitioner directly to the person entitled thereto or, in the case of a person under legal disability, to the person’s guardian, whether or not: (a) Such person or his or her whereabouts is known or unknown; (b) Such person is under a legal disability; or (c) There are adverse or conflicting claims to such awards.

4. The money paid into court shall be secured in such manner as may be directed by the court, and shall be paid out by the special master to the persons found to be entitled thereto by the final judgment of the court.
Nev. Rev. Stat. § 338.166 — NV Code / Title 28 / Chapter 338 / Section 338.166
Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; establishment of date for development of or commencement of construction of transportation facility
Status: in_force

1. A public body may approve a request or proposal submitted pursuant to NRS 338.163 or 338.164 if the public body determines that the transportation facility serves a public purpose. In determining whether the transportation facility serves a public purpose, the public body shall consider whether: (a) There is a public need for the type of transportation facility that is proposed; (b) The proposed interconnections between the transportation facility and existing transportation facilities and the plans of the person submitting the request for the operation of the transportation facility are reasonable and compatible with any statewide or regional program for the improvement of transportation and with the transportation plans of any other governmental entity in the jurisdiction of which any portion of the transportation facility will be located; (c) The estimated cost of the transportation facility is reasonable in relation to similar transportation facilities, as determined by an analysis of the cost performed by a professional engineer who is licensed pursuant to chapter 625 of NRS ; (d) The plans of the person submitting the request will result in the timely development or construction of, or improvement to, the transportation facility or its more efficient operation; (e) The plans of the person submitting the request contain any penalties for the failure of the person submitting the request to meet any deadline which results in the untimely development or construction of, or improvement to, the transportation facility or failure to meet any deadline for its more efficient operation; and (f) The long-term quality of the transportation facility will meet a level of performance established by the public body over a sufficient duration of time to provide value to the public.

2. In evaluating a request or proposal submitted pursuant to NRS 338.163 or 338.164 , the public body may consider internal staff reports prepared by personnel of the public body who are familiar with the operation of similar transportation facilities or the advice of outside advisors or consultants with relevant experience.

3. The public body shall request that a person who submitted a request or proposal pursuant to NRS 338.163 or 338.164 furnish a copy of the request or proposal to each governmental entity that has jurisdiction over an area in which any part of the transportation facility is located. Within 30 days after receipt of such a request or proposal, the governmental entity shall submit in writing to the public body, for consideration by the public body, any comments that the governmental entity has concerning the transportation facility and shall indicate whether the transportation facility is compatible with any local, regional or statewide transportation plan or program that is applicable to the governmental entity.

4. A public body shall charge a reasonable fee to cover the costs of processing, reviewing and evaluating a request or proposal submitted pursuant to NRS 338.163 or 338.164 , including, without limitation, reasonable fees for the services of an attorney or a financial or other consultant or advisor, to be collected before the public body accepts the request or proposal for processing, review and evaluation.

5. The approval of a request or proposal by the public body is contingent on the person who submitted the request or proposal entering into an agreement with the public body. In such an agreement, the public body shall include, without limitation: (a) Criteria that address the long-term quality of the transportation facility. (b) The date of termination of the authority and duties pursuant to NRS 338.161 to 338.168 , inclusive, of the person whose request or proposal was approved by the public body with respect to the transportation facility and for the dedication of the transportation facility to the public body on that date. (c) Provision for the imposition by the person whose request or proposal was approved by the public body of such rates, fees or other charges as may be established from time to time by agreement of the parties for use of all or a portion of a transportation facility, other than a bridge or road.

6. In connection with the approval of a transportation facility, the public body shall establish a date for the development of or the commencement of the construction of, or improvements to, the transportation facility. The public body may extend the date from time to time.
Nev. Rev. Stat. § 341.127 — NV Code / Title 28 / Chapter 341 / Section 341.127
Duty of Division and state agencies to cooperate biennially in planning efforts including long-term plan addressing future need for suitable office spaces; duty of Division to cooperate with local planning commissions concerning planning and with Nevada Arts Council concerning works of art
Status: in_force

The Division shall:

1. Biennially cooperate with other departments and agencies of the State, and other departments and agencies of this State shall biennially cooperate with the Division, in planning efforts, including, without limitation, implementing and maintaining a long-term plan that addresses the future need for suitable office spaces for the departments and agencies of this State.

2. Advise and cooperate with municipal, county and other local planning commissions within the State to promote coordination between the State and the local plans and developments.

3. Cooperate with the Nevada Arts Council of the Department of Tourism and Cultural Affairs to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.
Nev. Rev. Stat. § 339.065 — NV Code / Title 28 / Chapter 339 / Section 339.065
Requirement that bonds be furnished by particular surety company or through particular agent or broker unlawful; penalty
Status: in_force

1. It is unlawful for any representative of a contracting body, in issuing an invitation for bids, to require that any bond specified in NRS 339.025 be furnished by a particular surety company or through a particular agent or broker.

2. Any person who violates the provisions of this section is guilty of a misdemeanor.
Nev. Rev. Stat. § 338.16935 — NV Code / Title 28 / Chapter 338 / Section 338.16935
Contract between construction manager at risk and subcontractor for certain preconstruction services
Status: in_force

1. Notwithstanding the provisions of NRS 338.16991 and 338.16995 , and subject to the provisions of subsection 2, if a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS 338.1693 , the construction manager at risk may enter into a contract with a subcontractor licensed pursuant to chapter 624 of NRS to provide any of the following preconstruction services, the basis of payment for which is a negotiated price: (a) Assisting the construction manager at risk in identifying and selecting materials and equipment to be provided by each subcontractor; (b) Assisting the construction manager at risk in creating a schedule for the provision of labor, materials or equipment by each subcontractor; (c) For the purpose of enabling the construction manager at risk to establish a budget for the construction of the public work, estimating the cost of labor, materials or equipment to be provided by each subcontractor; and (d) Providing recommendations to the construction manager at risk regarding the design for the public work, as the design pertains to the labor, materials or equipment to be provided by each subcontractor.

2. A subcontractor may not provide preconstruction services pursuant to this section in an area of work outside the field or scope of the license of the subcontractor.
Nev. Rev. Stat. § 338.1601 — NV Code / Title 28 / Chapter 338 / Section 338.1601
Eminent domain
Status: in_force

This State, or any public agency so authorized under chapter 37 of NRS, may exercise the power of eminent domain to acquire property, rights-of-way or other rights in property for projects that are necessary to develop, operate or hold a transportation facility regardless of whether the property will be owned in fee simple by this State or applicable public body or whether the property will be leased according to the terms of an agreement executed pursuant to NRS 338.1592 .
Nev. Rev. Stat. § 338.460 — NV Code / Title 28 / Chapter 338 / Section 338.460
Period for accrual of interest on retainage
Status: in_force

Interest that is required to be paid on the retainage accrues from the date the retainage is withheld until the date the retainage is paid to the person from whom the retainage was withheld.
Nev. Rev. Stat. § 338.011 — NV Code / Title 28 / Chapter 338 / Section 338.011
Applicability: Contracts related to normal operation and normal maintenance; contracts related to emergency
Status: in_force

The requirements of this chapter do not apply to a contract:

1. Awarded in compliance with chapter 332 or 333 of NRS which is directly related to the normal operation of the public body or the normal maintenance of its property.

2. Awarded to meet an emergency which results from a natural or artificially created disaster and which threatens the health, safety or welfare of the public. If the public body or its authorized representative determines that an emergency exists, a contract or contracts necessary to contend with the emergency may be let without complying with the requirements of this chapter. If such emergency action was taken by the authorized representative, the authorized representative shall report the contract or contracts to the public body at the next regularly scheduled meeting of the public body.
Nev. Rev. Stat. § 340.100 — NV Code / Title 28 / Chapter 340 / Section 340.100
Notice and conduct of hearing by special master
Status: in_force

1. Immediately after appointment and taking of oath, the special master shall cause notice to be sent by registered or certified mail to all persons who have appeared in the proceedings or to their attorneys of record and to all others having any interest in or lien upon the property sought to be condemned, as shown by the record of the proper county office or offices for the recording of documents pertaining to such real property, and to all guardians ad litem appointed pursuant to the provisions of NRS 340.080 , such notice to be addressed to such persons at their respective last known addresses.

2. The notice shall be substantially in the following form (with the blanks appropriately filled): In The District Court For The County Of ________________ To Whom It May Concern: Notice is hereby given that _________________________ (here insert name of petitioner) has filed a petition in the above court under the Public Works Eminent Domain Law to acquire by condemnation for _________________________ (here give brief general description of the public works project for which the land is sought to be acquired), the following-described land: (Here describe the land sufficiently for the identification thereof. Such description may be by use of plat or map). All persons having an interest in or lien upon the above-described property, for which compensation will be demanded, are hereby notified that all claims or demands for compensation by reason of the taking and condemnation of such property shall be filed in writing with the court before _________________________ (here insert date at least 15 days after the date set for the court hearing in the notice specified in NRS 340.070 ), and shall be deemed waived unless so filed, and that on _________________________ a hearing will be held by the special master at _________________________ (insert time and place fixed by the court for such hearing in blanks) with respect to: (a) The amount of compensation to be paid for the property sought to be condemned. (b) The persons entitled to such compensation. Dated the ________ day of ________________ A.D _________ Special master appointed by the court.

3. The special master shall also cause a copy of the notice to be posted in conspicuous places on the property sought to be condemned.

4. After such notice by mailing and posting, the special master, on the date for hearing specified in the notice, shall proceed immediately to hear and determine the question of just compensation for the taking and condemnation of the property and the persons entitled to such compensation. To this end, the special master may issue subpoenas, administer oaths to witnesses, and receive evidence and cause same to be recorded.
Nev. Rev. Stat. § 338.060 — NV Code / Title 28 / Chapter 338 / Section 338.060
Forfeitures when workers paid less than designated rates or willfully reported in inaccurate or incomplete manner or not reported to public body; forfeiture clause in contracts; regulation establishing sliding scale for penalties; recovery of investigative costs and attorney's fees; waiver or reduction of penalty
Status: in_force

1. Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each worker employed on the public work is paid less than the designated rate for any work done under the contract, by the contractor or any subcontractor engaged on the public work.

2. Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof for each worker employed on the public work for which the contractor or subcontractor willfully included inaccurate or incomplete information in the monthly record required to be submitted to the public body pursuant to subsection 6 of NRS 338.070 .

3. Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each worker employed on the public work is not reported to the public body awarding the contract by the contractor or any subcontractor engaged on the public work as required pursuant to subsection 6 of NRS 338.070 , up to a maximum of: (a) For the first failure to comply during the term of the contract for the public work, $1,000; and (b) For each subsequent failure to comply during the term of the contract for the public work, $5,000.

4. Except as otherwise provided in subsection 8, if a violation of more than one provision of subsections 1, 2 and 3 involves the same worker, the contractor shall forfeit the penalty set forth in each subsection that was violated.

5. A public body awarding a contract for a public work shall cause a stipulation setting forth the penalties specified in subsections 1 to 4, inclusive, to be inserted in the contract.

6. The Labor Commissioner shall, by regulation, establish a sliding scale based on the size of the business of a contractor engaged on a public work to determine the amount of the penalty to be imposed pursuant to subsections 1 and 2.

7. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney's fees, may be recovered by the Labor Commissioner and the public body.

8. The Labor Commissioner may, for good cause shown, waive or reduce any penalty imposed pursuant to this section.
Nev. Rev. Stat. § 341.155 — NV Code / Title 28 / Chapter 341 / Section 341.155
Contracts for consulting services by state agencies to determine and plan necessary construction work
Status: in_force

With the concurrence of the Administrator, the Board of Regents of the University of Nevada and any other state department, board or commission may enter into agreements with persons, associations or corporations to provide consulting services to determine and plan the construction work that may be necessary to meet the needs of the programs of those agencies. These contracts must be for a term not exceeding 5 years and must provide for payment of a fee for those services not to exceed one-half of 1 percent of the total value of:

1. In the case of the Nevada System of Higher Education, building construction contracts relating to the construction of a branch or facility within the Nevada System of Higher Education; and

2. In the case of another state department, board or commission, all construction contracts relating to construction for that agency,

during the term and in the area covered by the contract.
Nev. Rev. Stat. § 341.011 — NV Code / Title 28 / Chapter 341 / Section 341.011
“Administrator” defined
Status: in_force

“ Administrator ” means the Administrator of the Division.
Nev. Rev. Stat. § 340.120 — NV Code / Title 28 / Chapter 340 / Section 340.120
Filing of report of special master
Status: in_force

The report of the special master must be filed with the clerk of the court in which the proceeding is pending within 30 days after the date of the taking of the oath, unless further time is granted by the court. The court shall grant additional time for the filing of the report only on a showing that the report cannot, with all due diligence, be prepared within the time fixed.
Nev. Rev. Stat. § 338.169 — NV Code / Title 28 / Chapter 338 / Section 338.169
Public body authorized to construct public work by selecting and entering into contracts with construction manager at risk; limitations
Status: in_force

1. Subject to the provisions of subsection 2, a public body may construct a public work by: (a) Selecting a construction manager at risk pursuant to the provisions of NRS 338.1691 to 338.1696 , inclusive; and (b) Entering into separate contracts with a construction manager at risk: (1) For preconstruction services, including, without limitation: (I) Assisting the public body in determining whether scheduling or constructability problems exist that would delay the construction of the public work; (II) Estimating the cost of the labor and material for the public work; and (III) Assisting the public body in determining whether the public work can be constructed within the public body's budget; and (2) To construct the public work.

2. A public body in a county whose population is less than 100,000 may enter into contracts with a construction manager at risk pursuant to NRS 338.1685 to 338.16995 , inclusive, for the construction of not more than two public works in a calendar year that are discrete projects.
Nev. Rev. Stat. § 338.150 — NV Code / Title 28 / Chapter 338 / Section 338.150
Provisions requiring use of method of alternate dispute resolution before initiation of judicial action; exception
Status: in_force

1. Except as otherwise provided in subsection 2, a public body charged with the drafting of specifications for a public work shall include in the specifications a clause requiring the use of a method of alternate dispute resolution before initiation of a judicial action if a dispute arising between the public body and the contractor engaged on a public work cannot otherwise be settled.

2. The provisions of subsection 1 do not require the Department of Transportation to include such a clause in any contract entered into by the Department.
Nev. Rev. Stat. § 342.015 — NV Code / Title 28 / Chapter 342 / Section 342.015
Definitions
Status: in_force

As used in NRS 342.015 to 342.075 , inclusive, unless the context otherwise requires:

1. “Acquisition” means the acquisition of real property by a governmental body by purchase or eminent domain.

2. “Business” means a business which is licensed and registered in accordance with law.

3. “Displacement” means the actual vacating of real property by a natural person or business because of an acquisition by a governmental body.

4. “Governmental body” means any political subdivision of this state, any department, agency or instrumentality of a political subdivision, and any other entity which is authorized to exercise the power of eminent domain.
Nev. Rev. Stat. § 338.125 — NV Code / Title 28 / Chapter 338 / Section 338.125
Fair employment practices: Contents of contracts concerning public works; violation constitutes material breach of contract
Status: in_force

1. It is unlawful for any contractor in connection with the performance of work under a contract with a public body, when payment of the contract price, or any part of such payment, is to be made from public money, to refuse to employ or to discharge from employment any person because of his or her race, color, creed, national origin, sex, sexual orientation, gender identity or expression, or age, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his or her race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age.

2. Contracts between contractors and public bodies must contain the following contractual provisions: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship. The contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials.

3. Any violation of such provision by a contractor constitutes a material breach of contract.

4. As used in this section: (a) “ Gender identity or expression ” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth. (b) “ Protective hairstyle ” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists. (c) “ Race ” includes traits associated with race, including, without limitation, hair texture and protective hairstyles. (d) “ Sexual orientation ” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
Nev. Rev. Stat. § 338.1594 — NV Code / Title 28 / Chapter 338 / Section 338.1594
Financing
Status: in_force

1. A transportation facility may be financed, in whole or in part, with money from any lawful source, including, without limitation: (a) Any public or private funding, loan, grant, line of credit, loan guarantee, credit instrument, private activity bond allocation, grant anticipation revenue bond, credit assistance from the government of this State or the Federal Government or other type of assistance that is available for the purposes of the transportation facility. (b) Any grant, donation, gift or other form of conveyance of land, money, other real or personal property or other thing of value made to the public body for the purposes of the transportation facility. (c) A contribution of money or property made by any private entity or public sector partner that is a party to any agreement entered into pursuant to NRS 338.158 to 338.1602 , inclusive. (d) Money appropriated for the transportation facility by the State or by the public body. (e) User fees, lease proceeds, rents, availability payments, gross or net receipts from sales, proceeds from the sale of development rights, franchise charges, permit charges, rents, advertising and sponsorship charges, service charges or any other lawful form of consideration. (f) Private activity bonds as described in 26 U.S.C. § 141 . (g) Any other form of public or private capital that is available for the purposes of the transportation facility. (h) Any combination of paragraphs (a) to (g), inclusive.

2. If a public body, in accordance with applicable law, issues a note, bond or other debt obligation to finance a transportation facility that is expected to generate revenue of any kind, the revenue from the transportation facility may be pledged as security for the payment of the obligation, but the bonds or notes are special, limited obligations of the public body payable solely from the revenues specifically pledged to the payment of those obligations, as specified in the resolution for the issuance of the bonds or notes, and do not create a debt of the State for the purposes of Section 3 of Article 9 of the Nevada Constitution .

3. Any financing issued by a public body pursuant to this section may be structured on a senior, parity or subordinate basis to any other financing.

4. A public body may issue revenue bonds or notes to provide money for any transportation facility.
Nev. Rev. Stat. § 341.070 — NV Code / Title 28 / Chapter 341 / Section 341.070
Conduct of business: Rules; frequency of meetings; purposes
Status: in_force

The Board shall:

1. Adopt such rules for the regulation of its proceedings and the transaction of its business as it deems proper.

2. Meet as necessary to conduct the business of the Board for the following purposes: (a) Submitting reports and making recommendations as required pursuant to NRS 341.083 ; (b) Adopting regulations; and (c) Presiding over appeals taken on the following matters: (1) The qualification of contractors; and (2) Disputes regarding contracts.
Nev. Rev. Stat. § 341.091 — NV Code / Title 28 / Chapter 341 / Section 341.091
Adoption of standards and performance guidelines relating to efficient use of water and energy
Status: in_force

1. For the purposes of the design and construction of buildings or other projects of this State, the Board shall adopt by regulation: (a) Standards for the efficient use of water. (b) Standards for the efficient use of energy, including, without limitation, the use of sources of renewable energy. (c) Performance guidelines for new, remodeled and renovated buildings. (d) Performance guidelines for retrofit projects, including, without limitation, guidelines for: (1) Energy consumption. (2) The use of potable water. (3) The use of water for purposes relating to landscaping. (4) The disposal of solid waste.

2. The standards and performance guidelines adopted in accordance with subsection 1 must include a mechanism for their evaluation and revision to ensure that such standards and guidelines: (a) Are cost-effective over the life of the applicable project. (b) Produce certain threshold levels of cost savings.

3. In adopting the standards and performance guidelines pursuant to subsection 1, the Board may consider, without limitation: (a) The Leadership in Energy and Environmental Design Green Building Rating System established by the U.S. Green Building Council or its successor; (b) The Green Globes assessment and rating system developed by the Green Building Initiative or its successor; (c) The standards established by the United States Environmental Protection Agency pursuant to the Energy Star Program; (d) The standards established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers or its successor; (e) The criteria established pursuant to the Federal Energy Management Program established by the United States Department of Energy; and (f) The criteria established by the International Energy Conservation Code .

4. The regulations adopted pursuant to this section must include provisions for their enforcement.

5. As used in this section: (a) “ Biomass ” means any organic matter that is available on a renewable basis, including, without limitation: (1) Agricultural crops and agricultural wastes and residues; (2) Wood and wood wastes and residues; (3) Animal wastes; (4) Municipal wastes; and (5) Aquatic plants. (b) “ Renewable energy ” means: (1) Biomass; (2) Solar energy; or (3) Wind. The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
Nev. Rev. Stat. § 338.13842 — NV Code / Title 28 / Chapter 338 / Section 338.13842
“Local business” defined
Status: in_force

“Local business” has the meaning ascribed to it in NRS 333.3363 .
Nev. Rev. Stat. § 338.1593 — NV Code / Title 28 / Chapter 338 / Section 338.1593
Confidentiality of information obtained by or disclosed to public body in connection with request, proposal or public-private partnership
Status: in_force

1. Notwithstanding any other provision of law, any information obtained by or disclosed to a public body in connection with a request or proposal pursuant to NRS 338.159 or 338.1591 or during the procurement or negotiation of a public-private partnership pursuant to NRS 338.1588 must be kept confidential until a notice of intent to award the contract, agreement or public-private partnership is issued, absent an administrative or judicial order requiring release or disclosure.

2. Except as otherwise provided in NRS 239.0115 , a public body may exempt from release to the public any trade secrets or confidential commercial, financial or proprietary information included in a request or proposal submitted to the public body pursuant to subsection 1 if the submitter: (a) Specifies the portions of the proposal or other submission that the submitter considers to be trade secrets or confidential commercial, financial or proprietary information; (b) Invokes exclusion upon submission of the information or other materials for which protection is sought; (c) Identifies the data or other materials for which protection is sought with conspicuous labeling; (d) States the reasons why protection is necessary; and (e) Fully complies with all applicable state law with respect to information that the submitter contends should be exempt from disclosure.