Nev. Rev. Stat. § 338.485 — NV Code / Title 28 / Chapter 338 / Section 338.485
Waiver or modification of right, obligation or liability set forth in NRS 338.400 to 338.645, inclusive, prohibited; certain conditions, stipulations or provisions of contract void and unenforceable
Status: in_force

1. A person may not waive or modify a right, obligation or liability set forth in the provisions of NRS 338.400 to 338.645 , inclusive.

2. A condition, stipulation or provision in a contract or other agreement that: (a) Requires a person to waive a right set forth in the provisions of NRS 338.400 to 338.645 , inclusive; (b) Relieves a person of an obligation or liability imposed by the provisions of NRS 338.400 to 338.645 , inclusive; (c) Requires a contractor to waive, release or extinguish a claim or right for damages or an extension of time that the contractor may otherwise possess or acquire as a result of a delay that is: (1) So unreasonable in length as to amount to an abandonment of the public work; (2) Caused by fraud, misrepresentation, concealment or other bad faith by the public body; (3) Caused by active interference by the public body; or (4) Caused by a decision by the public body to significantly add to the scope or duration of the public work; or (d) Requires a contractor or public body to be responsible for any consequential damages suffered or incurred by the other party that arise from or relate to a contract for a public work, including, without limitation, rental expenses or other damages resulting from a loss of use or availability of the public work, lost income, lost profit, lost financing or opportunity, business or reputation, and loss of management or employee availability, productivity, opportunity or services, is against public policy and is void and unenforceable.

3. The provisions of subsection 2 do not prohibit the use of a liquidated damages clause which otherwise satisfies the requirements of law.
Nev. Rev. Stat. § 338.560 — NV Code / Title 28 / Chapter 338 / Section 338.560
Withholding amounts for failure of subcontractor or supplier to comply with subcontract or applicable building code, law or regulation or for claim for wages against subcontractor; payment of amounts withheld upon correction of condition
Status: in_force

1. Except as otherwise provided in subsection 2 of NRS 338.555 , a contractor may withhold from a progress payment or retainage payment an amount sufficient to pay: (a) The expenses the contractor reasonably expects to incur as a result of the failure of his or her subcontractor or supplier to comply with the subcontract or applicable building code, law or regulation. (b) An amount withheld from payment to the contractor by a public body pursuant to subsection 7 of NRS 338.515 for a claim for wages against the subcontractor.

2. A contractor shall, within 10 days after the contractor receives: (a) A progress payment or retainage payment from the public body for an amount that is less than the amount set forth in the applicable progress bill or retainage bill; or (b) A progress bill or retainage bill from his or her subcontractor or supplier, give a written notice to his or her subcontractor or supplier of any amount that will be withheld pursuant to this section.

3. The written notice must: (a) Set forth: (1) The amount of the progress payment or retainage payment that will be withheld from his or her subcontractor or supplier; and (2) A detailed explanation of the reason the contractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the subcontract, or documents related thereto, or applicable building code, law or regulation with which his or her subcontractor or supplier has failed to comply; and (b) Be signed by an authorized agent of the contractor.

4. The contractor shall pay to his or her subcontractor or supplier the amount withheld by the public body or the contractor within 10 days after: (a) The contractor receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of the subcontractor or supplier; or (b) The public body pays to the contractor the amount withheld, whichever occurs later.
Nev. Rev. Stat. § 338.025 — NV Code / Title 28 / Chapter 338 / Section 338.025
Prevailing wage regions
Status: in_force

For the purpose of determining the prevailing rate of wages pursuant to NRS 338.030 , four prevailing wage regions are hereby established in this State as follows:

1. The Washoe Prevailing Wage Region consisting of Washoe County;

2. The Northern Rural Prevailing Wage Region consisting of Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Storey, Pershing and White Pine;

3. The Clark Prevailing Wage Region consisting of Clark County; and

4. The Southern Rural Prevailing Wage Region consisting of the counties of Esmeralda, Lincoln and Nye.
Nev. Rev. Stat. § 342.065 — NV Code / Title 28 / Chapter 342 / Section 342.065
Period for making payments of benefits; payment to third party upon request; establishment of administrative appeal process for grievances
Status: in_force

1. All payments of benefits pursuant to NRS 342.015 to 342.075 , inclusive, must be made within 90 days after notice of displacement is given by a governmental body. If a person entitled to such benefits informs the governmental body that a payment is needed immediately to pay a third party, such as a new landlord, utility company or escrow company, the governmental body shall make any authorized payment directly to the third party upon request.

2. Each governmental body subject to the provisions of NRS 342.015 to 342.075 , inclusive, shall establish an administrative appeal process for handling grievances arising pursuant to those sections. The process must include, at a minimum, notice and an opportunity to be heard.
Nev. Rev. Stat. § 338.1586 — NV Code / Title 28 / Chapter 338 / Section 338.1586
Applicability
Status: in_force

The provisions of NRS 338.158 to 338.1602 , inclusive, apply only in a county whose population is 700,000 or more.
Nev. Rev. Stat. § 341.060 — NV Code / Title 28 / Chapter 341 / Section 341.060
Organization; election of officers
Status: in_force

Within a reasonable time after the appointment of the members of the Board, the Board shall meet upon the call of the Governor and shall organize and elect a Chair and Vice Chair from among the members appointed pursuant to NRS 341.020 .
Nev. Rev. Stat. § 338.193 — NV Code / Title 28 / Chapter 338 / Section 338.193
Standards for plumbing fixtures
Status: in_force

1. Each public building sponsored or financed by a public body must meet the standards made applicable for the building pursuant to this section.

2. Except as otherwise provided in subsection 8, each public building, other than a prison or jail, on which construction begins on or after March 1, 1992, and before March 1, 1993, and each existing public building which is expanded or renovated on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures: (a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush. (b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute. (c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute. (d) A toilet or urinal which employs a timing device or other mechanism to flush periodically irrespective of demand must not be installed.

3. Except as otherwise provided in subsection 8, each public building, other than a prison or jail, on which construction begins on or after March 1, 1993, and before January 1, 2020, and each existing public building which is expanded or renovated on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures: (a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush. (b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute. (c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush. (d) A toilet or urinal which employs a timing device or other mechanism to flush periodically, irrespective of demand, must not be installed. (e) A urinal which continually flows or flushes water must not be installed. (f) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute. (g) Each faucet installed in a public restroom must contain a mechanism which closes the faucet automatically after a predetermined amount of water has flowed through the faucet. Multiple faucets that are activated from a single point must not be installed.

4. Except as otherwise provided in subsection 8, each public building, other than a prison or jail, on which construction begins on or after January 1, 2020, and each existing public building which is expanded or renovated on or after January 1, 2020: (a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program. (b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.

5. For the purposes of subsection 4, a plumbing fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 6 of NRS 278.582 .

6. Each public building, other than a prison or jail, on which construction begins on or after January 1, 2024, and each existing public building which is expanded or renovated on or after January 1, 2024: (a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for an irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that has not been certified under the WaterSense program. (b) If the WaterSense program has not developed a final product specification for a type of irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that does not comply with any applicable requirements of federal law and the building code of the county or city.

7. For the purposes of subsection 6, a landscape fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 6 of NRS 278.582 .

8. The requirements of this section for the installation of certain plumbing fixtures do not apply to any portion of: (a) An existing public building which is not being expanded or renovated; or (b) A public building if the public building was constructed 50 years or more before the current year, regardless of whether that public building has been expanded or renovated since its original construction.
Nev. Rev. Stat. § 338.13846 — NV Code / Title 28 / Chapter 338 / Section 338.13846
Duty of State Public Works Division to report to Legislature
Status: in_force

The Division shall, every 6 months, submit to the Legislature, if it is in session, or to the Interim Finance Committee and the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs created by NRS 218E.750 , if the Legislature is not in session, a report which must contain, for the period since the submittal of the last report:

1. The number of contracts for public works of this State that were subject to the provisions of NRS 338.1384 to 338.13847 , inclusive.

2. The total dollar amount of contracts for public works of this State that were subject to the provisions of NRS 338.1384 to 338.13847 , inclusive.

3. The number of local businesses owned and operated by veterans with service-connected disabilities that submitted a bid on a contract for a public work of this State.

4. The number of contracts for public works of this State that were awarded to local businesses owned and operated by veterans with service-connected disabilities.

5. The total number of dollars' worth of contracts for public works of this State that were awarded to local businesses owned and operated by veterans with service-connected disabilities.

6. Any other information deemed relevant by the Director of the Legislative Counsel Bureau.
Nev. Rev. Stat. § 338.1373 — NV Code / Title 28 / Chapter 338 / Section 338.1373
Option of local governments to comply with alternative procedures; public bodies prohibited from using reverse auctions; inapplicability of certain provisions to contracts awarded by Department of Transportation
Status: in_force

1. A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of NRS 338.1415 and: (a) NRS 338.1377 to 338.139 , inclusive; (b) NRS 338.143 to 338.148 , inclusive; (c) NRS 338.1685 to 338.16995 , inclusive; or (d) NRS 338.1711 to 338.173 , inclusive.

2. A public body shall not use a reverse auction when awarding a contract for a public work.

3. Except as otherwise provided in this subsection, subsection 4 and chapter 408 of NRS , the provisions of this chapter apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433 , inclusive. The provisions of NRS 338.1375 to 338.1382 , inclusive, 338.1386 , 338.13862 , 338.13864 , 338.139 , 338.142 and 338.1711 to 338.1727 , inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433 , inclusive.

4. To the extent that a provision of this chapter precludes the granting of federal assistance or reduces the amount of such assistance with respect to a contract for the construction, reconstruction, improvement or maintenance of highways that is awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433 , inclusive, that provision of this chapter does not apply to the Department of Transportation or the contract.

5. As used in this section: (a) “ Online bidding ” means a process by which bidders submit bids for a contract on a secure website on the Internet or its successor, if any, which is established and maintained for that purpose. (b) “ Reverse auction ” means a process by which a bidder may submit more than one bid if each subsequent response to online bidding is at a lower price.
Nev. Rev. Stat. § 341.1405 — NV Code / Title 28 / Chapter 341 / Section 341.1405
Legislative findings and declaration
Status: in_force

1. The Legislature hereby finds as facts: (a) That the planning, maintenance and construction of public buildings is a specialized field requiring for its successful accomplishment a high degree of skill and experience not ordinarily acquired by public officers and employees whose primary duty lies in some other field. (b) That this planning, maintenance and construction involves the expenditure of large amounts of public money which, whatever their particular constitutional, statutory or governmental source, involve a public trust. (c) That the application by state agencies of conflicting standards of performance results in wasteful delays and increased costs in the performance of public works.

2. The Legislature therefore declares it to be the policy of this State that all planning, maintenance and construction of buildings upon property of the State or held in trust for any division of the State Government be supervised by, and final authority for its completion and acceptance vested in, the Division as provided in NRS 341.141 to 341.148 , inclusive.
Nev. Rev. Stat. § 338.630 — NV Code / Title 28 / Chapter 338 / Section 338.630
Action by contractor for alternate writ of mandamus to compel performance by public body
Status: in_force

1. A contractor who believes that the public body has failed to perform a duty to: (a) Make a payment; (b) Provide written notice of any withholding; or (c) Provide information upon request relating to any payment with respect to a contract which has not been fully performed, pursuant to one or more of the provisions of NRS 338.515 to 338.535 , inclusive, in a timely manner may apply to the district court of the county in which the public work or a part thereof is located for an alternate writ of mandamus pursuant to NRS 34.150 to 34.310 , inclusive, to require the public body to perform the duty required pursuant to such a provision.

2. The provisions of this section do not prevent a public body from including a provision governing the payment of attorney's fees in a contract into which it enters with a contractor for a public work.
Nev. Rev. Stat. § 338.555 — NV Code / Title 28 / Chapter 338 / Section 338.555
Amounts withheld as retainage; payment of interest
Status: in_force

1. If a public body and a contractor enter into a contract for a public work, the contractor 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 contract has been performed, the contractor shall pay any additional progress payments due under the subcontract without withholding any additional retainage if, in the opinion of the contractor, satisfactory progress is being made in the work under the subcontract, and the payment must be equal to that paid by the public body to the contractor for the work performed by the subcontractor. If the contractor continues to withhold retainage from remaining progress payments: (a) If the contractor does not withhold any amount pursuant to NRS 338.560 : (1) The contractor 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 contractor must pay to the subcontractor 50 percent of the amount of any retainage that was withheld from progress payments pursuant to subsection 1; or (b) If the contractor withholds any amount pursuant to NRS 338.560 : (1) The contractor may not withhold more than 5 percent of the amount of any progress payment; and (2) The contractor may continue to retain the amount of any retainage that was withheld from progress payments pursuant to subsection 1.

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

4. If, pursuant to subsection 3 of NRS 338.515 , the public body pays to the contractor an amount of any retainage that was withheld from progress payments pursuant to subsection 1 of NRS 338.515 for the portion of the work which has been performed by the subcontractor, the contractor must pay to the subcontractor the portion of any retainage withheld by the contractor pursuant to this section for the portion of the work.
Nev. Rev. Stat. § 340.090 — NV Code / Title 28 / Chapter 340 / Section 340.090
Special master: Appointment; duties; qualifications; compensation; oath
Status: in_force

1. The court, at the time of the hearing, shall appoint a special master to fix the amount of damages and compensation for the taking and condemnation of the property described in the petition and the persons entitled thereto, and to report thereon to the court. The special master shall be a disinterested person not related to anyone having an interest in or lien upon the property sought to be condemned. The compensation of the special master shall not exceed $15 per day plus travel and subsistence expenses.

2. The special master immediately after appointment shall subscribe to an oath that to the best of his or her ability the special master will truly find and return the compensation for the taking and condemnation of the property and the persons entitled thereto.
Nev. Rev. Stat. § 340.210 — NV Code / Title 28 / Chapter 340 / Section 340.210
Appeal
Status: in_force

1. Any time within 30 days from the filing of any interlocutory or final order or judgment by the court, any person or persons of record in the proceedings, who shall have filed exceptions at any stage of the proceedings within the time and in the manner specified, may appeal therefrom, but only with respect to those questions or issues which were raised by such exceptions.

2. The taking of an appeal shall not operate to stay the proceedings under this chapter except when the person or persons appealing shall have obtained a stay of the execution of the judgment or order appealed from, in which event the proceedings shall be stayed only with respect to the person or persons appealing and their respective interests in the proceedings. Upon the taking of an appeal the proceedings shall be deemed severed as to the person or persons appealing and their respective interests in the proceeding.

3. Any interlocutory or final order or judgment shall be final and conclusive upon all persons affected thereby who have not appealed within the time herein prescribed.

4. Any petitioner, other than an authorized corporation, may appeal without giving bond; but any other person or persons appealing shall give bond, with good and sufficient surety, to be approved by the court, conditioned to pay all costs taxed against appellant on such appeal.
Nev. Rev. Stat. § 338.1685 — NV Code / Title 28 / Chapter 338 / Section 338.1685
Declaration of legislative intent
Status: in_force

The Legislature hereby declares that the provisions of NRS 338.1685 to 338.16995 , inclusive, relating to contracts involving construction managers at risk:

1. Are intended: (a) To promote public confidence and trust in the contracting and bidding procedures for public works established therein; (b) For the benefit of the public, to promote the philosophy of obtaining the best possible value as compared to low-bid contracting; and (c) To better equip public bodies to address public works that present unique and complex construction challenges.

2. Are not intended to be used by the State or a political subdivision of this State to: (a) Limit competition; (b) Discourage competitive bidding; or (c) Engage in or allow bid-shopping.
Nev. Rev. Stat. § 340.230 — NV Code / Title 28 / Chapter 340 / Section 340.230
Powers supplemental
Status: in_force

1. The powers conferred by this chapter shall be in addition and supplemental to and not in substitution for the power conferred by any other law. The power of eminent domain may be exercised hereunder notwithstanding that any other law may provide for the exercise of the power for like purposes and without regard to the requirements, restrictions or procedural provisions contained in any other law.

2. Procedure hereunder, which is not prescribed herein, shall be that which is otherwise prescribed by the law of the state.
Nev. Rev. Stat. § 340.040 — NV Code / Title 28 / Chapter 340 / Section 340.040
Institution of proceedings: Authority; jurisdiction of court; entry upon land by petitioner
Status: in_force

1. Any federal agency, state public body or authorized corporation may institute proceedings under this chapter for the acquisition of any real property necessary for any public works project.

2. Such proceedings may be instituted in the district court in any county in which any part of the real property or of the proposed public works project is situate. The court shall cause the proceedings to be heard and determined without delay. All condemnation proceedings shall be preferred cases, and shall be entitled to precedence over all other civil cases.

3. The petitioner may enter upon the land proposed to be acquired for the purpose of making a survey and of posting any notice thereon which is required by this chapter; but such survey and posting of notice shall be done in such manner as will cause the least possible inconvenience to the owners of the real property.
Nev. Rev. Stat. § 341.014 — NV Code / Title 28 / Chapter 341 / Section 341.014
“Department” defined
Status: in_force

“ Department ” means the Department of Administration.
Nev. Rev. Stat. § 338.177 — NV Code / Title 28 / Chapter 338 / Section 338.177
Lease of property acquired by local government for public work pending completion of public work
Status: in_force

1. Real property acquired by a governing body for a public work may be leased, pending the completion of the public work but for not more than 5 years, upon such terms and conditions as the governing body prescribes.

2. The governing body shall: (a) Adopt the procedures for entering into such a lease at a public hearing held thereon; and (b) Offer to lease the property to the person from whom it was acquired before offering to lease the property to any other person.

3. Except as otherwise provided in this subsection, revenue from the lease must be used to maintain the property in order to mitigate any adverse effect upon the adjacent area. Any revenue from the lease that is not needed to maintain the property must be used to offset the cost of the public work for which the property was acquired.
Nev. Rev. Stat. § 338.161 — NV Code / Title 28 / Chapter 338 / Section 338.161
“Transportation facility” defined
Status: in_force

As used in NRS 338.161 to 338.168 , inclusive, unless the context otherwise requires, “ transportation facility ” means a road, railroad, bridge, tunnel, overpass, conduit or other infrastructure for conveying telecommunications cable, line, fiber or wire, airport, mass transit facility, parking facility for vehicles or similar commercial facility used for the support of or the transportation of persons, information or goods, including, without limitation, any other property that is needed to operate the facility. The term does not include a toll bridge or toll road.
Nev. Rev. Stat. § 341.141 — NV Code / Title 28 / Chapter 341 / Section 341.141
Engineering and architectural services to be furnished by Division for buildings constructed on state property or with legislative appropriation; exceptions
Status: in_force

1. The Division shall furnish engineering and architectural services to the Nevada System of Higher Education and all other state departments, boards or commissions charged with the construction of any building constructed on state property or for which the money is appropriated by the Legislature, except: (a) Buildings used in maintaining highways; (b) Improvements, other than nonresidential buildings with more than 1,000 square feet in floor area, made: (1) In state parks by the State Department of Conservation and Natural Resources; or (2) By the Department of Wildlife; (c) Buildings of the Nevada System of Higher Education: (1) That are exempted pursuant to subsection 1 of NRS 341.1407 ; or (2) To which subsection 1 of NRS 341.1407 applies if the Administrator has delegated his or her authority in accordance with NRS 341.119 ; and (d) Buildings on property controlled by other state agencies if the Administrator has delegated his or her authority in accordance with NRS 341.119 . The Board of Regents of the University of Nevada and all other state departments, boards or commissions shall use those services.

2. The services must consist of: (a) Preliminary planning; (b) Designing; (c) Estimating of costs; and (d) Preparation of detailed plans and specifications.
Nev. Rev. Stat. § 341.100 — NV Code / Title 28 / Chapter 341 / Section 341.100
Appointments; classification; restrictions on other employment; qualifications; general duties
Status: in_force

1. The Administrator and the Deputy Administrator of the Public Works-Compliance and Code Enforcement Section serve at the pleasure of the Director of the Department.

2. The Administrator shall appoint: (a) A Deputy Administrator of the Public Works--Professional Services Section; and (b) A Deputy Administrator of the Buildings and Grounds Section. Each deputy administrator appointed pursuant to this subsection serves at the pleasure of the Administrator.

3. The Administrator shall recommend and the Director shall appoint a Deputy Administrator of the Public Works--Compliance and Code Enforcement Section. The Deputy Administrator appointed pursuant to this subsection has the final authority in the interpretation and enforcement of any applicable building codes.

4. The Administrator may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.

5. The Administrator and each deputy administrator are in the unclassified service of the State. Except as otherwise provided in NRS 284.143 , the Administrator and each deputy administrator shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.

6. The Administrator must: (a) Have a master's degree or doctoral degree in civil or environmental engineering, architecture, public administration or a related field and experience in management, public administration or public policy; or (b) Be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS .

7. The Deputy Administrator of the: (a) Public Works--Professional Services Section must be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS . (b) Public Works--Compliance and Code Enforcement Section must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the Administrator.

8. The Administrator shall: (a) Serve as the Secretary of the Board. (b) Manage the daily affairs of the Division. (c) Represent the Board and the Division before the Legislature. (d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project. (e) Select architects, engineers and contractors. (f) Accept completed projects. (g) Submit in writing to the Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved capital improvement program. For each such project, the monthly report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in: (1) Changes in the scope of the design or construction of the project or any substantial component of the project which increase or decrease the total square footage or cost of the project by 10 percent or more; (2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project; (3) Delays in the completion of the design or construction of the project or any substantial component of the project; or (4) Any other problems which may adversely affect the design or construction of the project or any substantial component of the project. (h) Have final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

9. The Deputy Administrator of the Public Works--Compliance and Code Enforcement Section shall: (a) Serve as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government; and (b) Consult with an agency or official that is considering adoption of a regulation described in NRS 446.942 , 449.345 , 455C.115 , 461.173 or 477.0325 and provide recommendations regarding how the regulation, as it applies to buildings and structures on property of this State or held in trust for any division of the State Government, may be made consistent with other regulations which apply to such buildings or structures.
Nev. Rev. Stat. § 338.070 — NV Code / Title 28 / Chapter 338 / Section 338.070
Investigations of violations by public bodies; withholding of certain sums by public bodies and contractors; maintenance and inspection of records regarding employees; regulations regarding procedures for electronic filing of records regarding employees; penalty for noncompliance
Status: in_force

1. Any public body awarding a contract shall: (a) Investigate possible violations of the provisions of NRS 338.010 to 338.090 , inclusive, committed in the course of the execution of the contract, and determine whether a violation has been committed and inform the Labor Commissioner of any such violations; and (b) When making payments to the contractor engaged on the public work of money becoming due under the contract, withhold and retain all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090 , inclusive.

2. No sum may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding public body.

3. Except as otherwise provided in subsection 7, it is lawful for any contractor engaged on a public work to withhold from any subcontractor engaged on the public work sufficient sums to cover any penalties withheld from the contractor by the awarding public body on account of the failure of the subcontractor to comply with the terms of NRS 338.010 to 338.090 , inclusive. If payment has already been made to the subcontractor, the contractor may recover from the subcontractor the amount of the penalty or forfeiture in a suit at law.

4. A contractor engaged on a public work and each subcontractor engaged on the public work shall: (a) Inquire of each worker employed by the contractor or subcontractor in connection with the public work: (1) Whether the worker wishes to specify voluntarily his or her gender; and (2) Whether the worker wishes to specify voluntarily his or her ethnicity; and (b) For each response the contractor or subcontractor receives pursuant to paragraph (a): (1) If the worker chose voluntarily to specify his or her gender or ethnicity, or both, record the worker's responses; and (2) If the worker declined to specify his or her gender or ethnicity, or both, record that the worker declined to specify such information. A contractor or subcontractor shall not compel or coerce a worker to specify his or her gender or ethnicity and shall not penalize or otherwise take any adverse action against a worker who declines to specify his or her gender or ethnicity. Before inquiring as to whether a worker wishes to specify voluntarily his or her gender or ethnicity, the applicable contractor or subcontractor must inform the worker that such information, if provided, will be open to public inspection as set forth in subsection 6.

5. A contractor engaged on a public work and each subcontractor engaged on the public work shall keep or cause to be kept: (a) An accurate record showing, for each worker employed by the contractor or subcontractor in connection with the public work: (1) The name of the worker; (2) The occupation of the worker; (3) The gender of the worker, if the worker voluntarily agreed to specify that information pursuant to subsection 4, or an entry indicating that the worker declined to specify such information; (4) The ethnicity of the worker, if the worker voluntarily agreed to specify that information pursuant to subsection 4, or an entry indicating that the worker declined to specify such information; (5) If the worker has a driver's license or identification card, an indication of the state or other jurisdiction that issued the license or card; and (6) The actual per diem, wages and benefits paid to the worker; and (b) An additional accurate record showing, for each worker employed by the contractor or subcontractor in connection with the public work who has a driver's license or identification card: (1) The name of the worker; (2) The driver's license number or identification card number of the worker; and (3) The state or other jurisdiction that issued the license or card.

6. The records maintained pursuant to subsection 5 must be open at all reasonable hours to the inspection of the public body awarding the contract. The contractor engaged on the public work or subcontractor engaged on the public work shall ensure that a copy of each record for each calendar month is received by the public body awarding the contract no later than 15 days after the end of the month. The copy of the record maintained pursuant to paragraph (a) of subsection 5 must be open to public inspection as provided in NRS 239.010 . The copy of the record maintained pursuant to paragraph (b) of subsection 5 is confidential and not open to public inspection. The records in the possession of the public body awarding the contract may be discarded by the public body 2 years after final payment is made by the public body for the public work. The Labor Commissioner shall adopt regulations authorizing and prescribing the procedures for the electronic filing of the copies of the records required to be provided monthly by a contractor or subcontractor to a public body pursuant to this subsection.

7. A contractor engaged on a public work shall not withhold from a subcontractor engaged on the public work the sums necessary to cover any penalties provided pursuant to subsection 3 of NRS 338.060 that may be withheld from the contractor by the public body awarding the contract because the public body did not receive a copy of the record maintained by the subcontractor pursuant to subsection 5 for a calendar month by the time specified in subsection 6 if: (a) The subcontractor provided to the contractor, for submission to the public body by the contractor, a copy of the record not later than the later of: (1) Ten days after the end of the month; or (2) A date agreed upon by the contractor and subcontractor; and (b) The contractor failed to submit the copy of the record to the public body by the time specified in subsection 6. Nothing in this subsection prohibits a subcontractor from submitting a copy of a record for a calendar month directly to the public body by the time specified in subsection 6.

8. Any contractor or subcontractor, or agent or representative thereof, performing work for a public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.
Nev. Rev. Stat. § 338.1389 — NV Code / Title 28 / Chapter 338 / Section 338.1389
Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility by State Contractors' Board; regulations; fees; sanctions; objections
Status: in_force

1. Except as otherwise provided in subsection 10 and NRS 338.1385 , 338.1386 and 338.13864 , a public body or its authorized representative shall award a contract for a public work for which the estimated cost exceeds $250,000 to the contractor who submits the best bid.

2. Except as otherwise provided in subsection 10 or limited by subsection 11, the lowest bid that is: (a) Submitted by a responsive and responsible contractor who: (1) Has been determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or 338.1382 ; (2) At the time the contractor submits his or her bid, provides a valid certificate of eligibility to receive a preference in bidding on public works issued to the contractor by the State Contractors' Board pursuant to subsection 3 or 4; and (3) Within 2 hours after the completion of the opening of the bids by the public body or its authorized representative, submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 ; and (b) Not more than 5 percent higher than the bid submitted by the lowest responsive and responsible bidder who: (1) Does not provide, at the time he or she submits the bid, a valid certificate of eligibility to receive a preference in bidding on public works issued to him or her by the State Contractors' Board pursuant to subsection 3 or 4; or (2) Does not submit, within 2 hours after the completion of the opening of the bids by the public body or its authorized representative, a signed affidavit certifying that he or she will comply with the requirements of paragraphs (a) to (d), inclusive, of subsection 1 of NRS 338.0117 for the duration of the contract, shall be deemed to be the best bid for the purposes of this section.

3. The State Contractors' Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this State: (a) Paid directly, on his or her own behalf: (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or (3) Any combination of such sales and use taxes and governmental services tax; or (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a: (1) License as a general contractor pursuant to the provisions of chapter 624 of NRS ; and (2) Certificate of eligibility to receive a preference in bidding on public works.

4. The State Contractors' Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State: (a) Paid directly, on his or her own behalf: (1) The sales and use taxes pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or (3) Any combination of such sales and use taxes and governmental services tax; or (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a: (1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS ; and (2) Certificate of eligibility to receive a preference in bidding on public works.

5. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid: (a) Sales and use taxes and governmental services taxes that were paid in this State by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and (b) Sales and use taxes that were paid in this State by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

6. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors' Board pursuant to subsection 3 or 4 shall, at the time for the renewal of his or her contractor's license pursuant to NRS 624.283 , submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain eligibility to hold such a certificate.

7. A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless the contractor reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.

8. If a contractor holds more than one contractor's license, the contractor must submit a separate application for each license pursuant to which the contractor wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractor's license for which the contractor submitted the application.

9. If a contractor who applies to the State Contractors' Board for a certificate of eligibility to receive a preference in bidding on public works: (a) Submits false information to the Board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the Board becomes aware of the submission of the false information; or (b) Is found by the Board to have, within the preceding 5 years, materially breached a contract for a public work for which the cost exceeds $5,000,000, the contractor is not eligible to receive a preference in bidding on public works.

10. 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 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.

11. If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the bid may receive a preference in bidding only if both or all of the joint venturers separately meet the requirements of subsection 2.

12. The State Contractors' Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.

13. A person who submitted a bid on the public work or an entity who believes that the contractor who was awarded the contract for the public work wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must: (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and (b) Be filed with the public body not later than 3 business days after the opening of the bids by the public body or its authorized representative.

14. If a public body receives a written objection pursuant to subsection 13, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and the public body or its authorized representative may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and the public body or its authorized representative may proceed to award the contract accordingly.
Nev. Rev. Stat. § 338.050 — NV Code / Title 28 / Chapter 338 / Section 338.050
Contractual relationships: Applicability of NRS 338.010 to 338.090, inclusive
Status: in_force

For the purpose of NRS 338.010 to 338.090 , inclusive, except as otherwise provided by specific statute, every worker who performs work for a public work covered by a contract therefor is subject to all of the provisions of NRS 338.010 to 338.090 , inclusive, regardless of any contractual relationship alleged to exist between such worker and his or her employer.
Nev. Rev. Stat. § 338.1715 — NV Code / Title 28 / Chapter 338 / Section 338.1715
Procedure for selecting design-build team
Status: in_force

A public body that contracts with a design-build team pursuant to NRS 338.1711 shall select the design-build team in accordance with the provisions of NRS 338.1721 to 338.1727 , inclusive.
Nev. Rev. Stat. § 338.040 — NV Code / Title 28 / Chapter 338 / Section 338.040
Workers deemed to be employed on public works; regulations
Status: in_force

1. Except as otherwise provided by specific statute, workers who are: (a) Employed at the site of a public work; and (b) Necessary in the execution of the contract for the public work, are deemed to be employed on public works.

2. The Labor Commissioner shall adopt regulations to define the circumstances under which a worker is: (a) Employed at the site of a public work; and (b) Necessary in the execution of the contract for the public work.
Nev. Rev. Stat. § 338.147 — NV Code / Title 28 / Chapter 338 / Section 338.147
Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility by State Contractors' Board; regulations; fees; sanctions; objections
Status: in_force

1. Except as otherwise provided in subsection 10 and NRS 338.143 , 338.1442 and 338.1446 , a local government or its authorized representative shall award a contract for a public work for which the estimated cost exceeds $250,000 to the contractor who submits the best bid.

2. Except as otherwise provided in subsection 10 or limited by subsection 11, the lowest bid that is: (a) Submitted by a contractor who: (1) Has been found to be a responsible and responsive contractor by the local government or its authorized representative; (2) At the time the contractor submits his or her bid, provides a valid certificate of eligibility to receive a preference in bidding on public works issued to the contractor by the State Contractors' Board pursuant to subsection 3 or 4; and (3) Within 2 hours after the completion of the opening of the bids by the local government or its authorized representative, submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 ; and (b) Not more than 5 percent higher than the bid submitted by the lowest responsive and responsible bidder who: (1) Does not provide, at the time he or she submits the bid, a valid certificate of eligibility to receive a preference in bidding on public works issued to him or her by the State Contractors' Board pursuant to subsection 3 or 4; or (2) Does not submit, within 2 hours after the completion of the opening of the bids by the public body or its authorized representative, a signed affidavit certifying that he or she will comply with the requirements of paragraphs (a) to (d), inclusive, of subsection 1 of NRS 338.0117 for the duration of the contract, shall be deemed to be the best bid for the purposes of this section.

3. The State Contractors' Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this State: (a) Paid directly, on his or her own behalf: (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or (3) Any combination of such sales and use taxes and governmental services tax; or (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a: (1) License as a general contractor pursuant to the provisions of chapter 624 of NRS ; and (2) Certificate of eligibility to receive a preference in bidding on public works.

4. The State Contractors' Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State: (a) Paid directly, on his or her own behalf: (1) The sales and use taxes pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his or her business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or (3) Any combination of such sales and use taxes and governmental services tax; or (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a: (1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS ; and (2) Certificate of eligibility to receive a preference in bidding on public works.

5. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid: (a) Sales and use taxes and governmental services taxes paid in this State by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and (b) Sales and use taxes paid in this State by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

6. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors' Board pursuant to subsection 3 or 4 shall, at the time for the renewal of his or her contractor's license pursuant to NRS 624.283 , submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain eligibility to hold such a certificate.

7. A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless the contractor reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.

8. If a contractor holds more than one contractor's license, the contractor must submit a separate application for each license pursuant to which the contractor wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractor's license for which the contractor submitted the application.

9. If a contractor who applies to the State Contractors' Board for a certificate of eligibility to receive a preference in bidding on public works: (a) Submits false information to the Board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the Board becomes aware of the submission of the false information; or (b) Is found by the Board to have, within the preceding 5 years, materially breached a contract for a public work for which the cost exceeds $5,000,000, the contractor is not eligible to receive a preference in bidding on public works.

10. 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 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.

11. If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the bid may receive a preference in bidding only if both or all of the joint venturers separately meet the requirements of subsection 2.

12. The State Contractors' Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.

13. A person who submitted a bid on the public work or an entity who believes that the contractor who was awarded the contract for the public work wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the local government to which the contractor has submitted a bid on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must: (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and (b) Be filed with the local government not later than 3 business days after the opening of the bids by the local government or its authorized representative.

14. If a local government receives a written objection pursuant to subsection 13, the local government shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the local government determines that the objection is not accompanied by the required proof or substantiating evidence, the local government shall dismiss the objection and the local government or its authorized representative may proceed immediately to award the contract. If the local government determines that the objection is accompanied by the required proof or substantiating evidence, the local government shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and the local government or its authorized representative may proceed to award the contract accordingly.
Nev. Rev. Stat. § 338.1585 — NV Code / Title 28 / Chapter 338 / Section 338.1585
“User fee” defined
Status: in_force

“ User fee ” means a fee, toll, fare or other similar charge, including, without limitation, any incidental, account maintenance, administrative, credit card or video tolling fee or charge, imposed on a person for his or her use of a transportation facility by a public body or by a private partner pursuant to a public-private partnership.
Nev. Rev. Stat. § 341.1407 — NV Code / Title 28 / Chapter 341 / Section 341.1407
Applicability of provisions to construction of buildings for Nevada System of Higher Education
Status: in_force

1. Except as otherwise provided in subsection 2, the provisions of NRS 341.141 to 341.148 , inclusive, apply to a contract for the construction of a building for the Nevada System of Higher Education only if 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money.

2. The provisions of subsection 2 of NRS 341.145 apply to the construction of any building for the Nevada System of Higher Education.
Nev. Rev. Stat. § 338.153 — NV Code / Title 28 / Chapter 338 / Section 338.153
Provision requiring persons who provide labor, equipment, materials, supplies or services for public work to comply with all applicable state and local laws
Status: in_force

A public body shall include in each contract for a public work a clause requiring each contractor, subcontractor and other person who provides labor, equipment, materials, supplies or services for the public work to comply with the requirements of all applicable state and local laws, including, without limitation, any applicable licensing and registration requirements and requirements for the payment of sales and use taxes on equipment, materials and supplies provided for the public work.
Nev. Rev. Stat. § 338.180 — NV Code / Title 28 / Chapter 338 / Section 338.180
Accommodation of persons with physical handicap or disability; specific requirements relating to single-stall restrooms available to public; verification of conformity with requirements; enforcement
Status: in_force

1. The Legislature of the State of Nevada declares that: (a) The primary purpose of this section is to provide, subject to the limitations set forth in this section, for the removal and elimination of architectural barriers to persons with a physical handicap in public buildings and facilities designed after July 1, 1973, in order to encourage and facilitate the employment of persons with a physical handicap and to make public buildings accessible to and usable by persons with a physical handicap; and (b) It is the intent of the Legislature that insofar as possible all buildings and facilities used by the public be accessible to, and functional for, persons with a physical handicap, without loss of function, space or facility where the general public is concerned.

2. All plans and specifications for the construction of public buildings and facilities owned by a public body must, after July 1, 1973, provide facilities and features for persons with a physical handicap so that buildings which are normally used by the public are constructed with entrance ramps, toilet facilities, drinking fountains, doors and public telephones accessible to and usable by persons with a physical handicap. In addition, all plans and specifications for the construction or alteration of public buildings and facilities owned by a public body must comply with the applicable requirements of the: (a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations ; (b) Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq. ; and (c) Fair Housing Act, 42 U.S.C. § 3604 , and the regulations adopted pursuant thereto. The requirements of paragraph (a) of this subsection are not satisfied if the plans and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101 -19.6 of Title 41 of the Code of Federal Regulations.

3. All public bodies shall, in the design, construction and alteration of public buildings and facilities comply with the applicable requirements of the: (a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations ; (b) Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq. ; and (c) Fair Housing Act, 42 U.S.C. § 3604 , and the regulations adopted pursuant thereto. The requirements of paragraph (a) of this subsection are not satisfied if the public body complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101 -19.6 of Title 41 of the Code of Federal Regulations.

4. In each public building and facility owned by a public body, each entrance to a corridor which leads to a toilet facility must be marked with a sign which: (a) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations ; and (b) Uses symbols, raised letters and Braille to: (1) Identify the toilet facility and the gender of persons who may use the toilet facility; and (2) If the toilet facility is for the exclusive use of persons of one gender: (I) Indicate that the toilet facility is for the exclusive use of persons of that gender; and (II) Provide direction to a toilet facility that may be used by persons of the other gender.

5. A public body that owns a public building or facility which provides a single-stall restroom to the public shall make the single-stall restroom as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing: (a) A parent or guardian of a child to enter the single-stall restroom with the child; (b) A person with a disability to enter the single-stall restroom with his or her caregiver, if applicable; and (c) A person of any gender identity or expression to use the single-stall restroom as needed. The public body that owns the public building or facility which provides a single-stall restroom to the public shall not label the single-stall restroom with gendered signage and may label the single-stall restroom as available for use by any person, including, without limitation, by posting a sign which reads “All-Gender Bathroom” or “All-Accessible Bathroom.”

6. The Division shall verify that all public buildings and facilities owned by the State of Nevada conform with the requirements of this section. Each political subdivision shall verify that all public buildings and facilities owned by the political subdivision conform with the requirements of this section.

7. A person may report a violation of this section to the Attorney General.

8. Upon receiving a report pursuant to subsection 7, the Attorney General shall notify the public body responsible for the alleged violation. Not later than 30 days after receiving such a notification, the public body shall: (a) Present evidence to the Attorney General that it is in compliance with this section; or (b) Begin any action necessary to comply with the requirements of this section and notify the Attorney General of the date on which it will be in compliance with those requirements.

9. If the public body responsible for the alleged violation fails to comply with this section, the Attorney General shall take such action as is necessary to ensure compliance with this section, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.

10. The provisions of this section do not: (a) Establish a private right of action against a public body described in subsection 5 or 6; or (b) Authorize the filing of a complaint with the Nevada Equal Rights Commission, for a violation of the provisions of subsection 5.

11. As used in this section: (a) “ Caregiver ” has the meaning ascribed to it in NRS 449A.306 . (b) “ Gendered signage ” means any sign posted on a single-stall restroom that uses words or images of a person to denominate sex. (c) “ Single-stall restroom ” means a restroom that: (1) Is intended for individual use; and (2) Contains: (I) A single toilet or a single urinal; or (II) A toilet and a urinal, neither of which is separated from the other by enclosure within a stall.
Nev. Rev. Stat. § 338.035 — NV Code / Title 28 / Chapter 338 / Section 338.035
Discharge of part of obligation of contractor or subcontractor engaged on public work to pay wages by providing bona fide fringe benefits in name of worker
Status: in_force

1. Except as otherwise provided in subsection 7, the obligation of a contractor engaged on a public work or a subcontractor engaged on a public work to pay wages in accordance with the determination of the Labor Commissioner may be discharged in part by providing bona fide fringe benefits in the name of the worker.

2. A contractor or subcontractor may, pursuant to subsection 1, discharge any part of his or her obligation to pay wages in accordance with the determination of the Labor Commissioner only to the extent that the bona fide fringe benefits provided in the name of the worker are annualized.

3. A contractor or subcontractor who, pursuant to subsection 1, discharges any part of his or her obligation to pay wages in accordance with the determination of the Labor Commissioner shall provide to the Labor Commissioner and the public body that awarded the contract for the public work any information requested by the Labor Commissioner or the public body, as applicable, to verify compliance with this section.

4. In addition to any other remedy or penalty provided in this chapter, after providing the contractor or subcontractor with notice and an opportunity for a hearing, the Labor Commissioner shall, if the Labor Commissioner finds that the contractor or subcontractor has violated a provision of this section: (a) For the first violation, impose against the contractor or subcontractor an administrative penalty of not less than $20 nor more than $50 for each calendar day or portion thereof that each worker employed on the public work is affected by the violation, up to a maximum of $2,500; (b) For the second or any subsequent violation within 5 years after the date of imposition of an administrative penalty pursuant to paragraph (a), impose against the contractor or subcontractor an administrative penalty of not less than $20 nor more than $50 for each calendar day or portion thereof that each worker employed on the public work is affected by the violation, up to a maximum of $5,000; (c) Require the contractor or subcontractor to make the affected worker whole by paying to the worker as wages any amounts disallowed as bona fide fringe benefits in a manner prescribed by the Labor Commissioner; (d) Report the violation to the Attorney General, and the Attorney General may prosecute the contractor or subcontractor in accordance with law; and (e) In addition to notifying the State Contractors' Board pursuant to NRS 338.017 , notify the provider of workers' compensation for the contractor or subcontractor, the Employment Security Division of the Department of Employment, Training and Rehabilitation and the public body that awarded the contract for the public work of the violation.

5. The amount of the penalty to be imposed pursuant to subsection 4 must be based on the sliding scale adopted by regulation pursuant to NRS 338.060 .

6. 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.

7. The provisions of this section do not apply with regard to: (a) A worker whose benefits are determined pursuant to a collective bargaining agreement; or (b) Contributions made in the name of the worker by a contractor or subcontractor to a defined contribution plan to the extent that the amount contributed does not exceed 25 percent of the hourly prevailing rate of wages for the worker on the public work.

8. As used in this section: (a) “ Annualized ” means an amount paid equally for all hours worked in a calendar year by the worker for the contractor or subcontractor who is providing bona fide fringe benefits. (b) “ Defined contribution plan ” has the meaning ascribed to it in 29 U.S.C. § 1002(34) .
Nev. Rev. Stat. § 338.1597 — NV Code / Title 28 / Chapter 338 / Section 338.1597
User fee for use of roadway constructed or improved as part of public-private partnership prohibited; exception
Status: in_force

1. No user fee may be charged for the use of any roadway or portion of any roadway constructed or improved pursuant to any project undertaken as part of a public-private partnership authorized by NRS 338.158 to 338.1602 , inclusive.

2. The provisions of this section do not prohibit the imposition of a user fee for the use of any public transit system, regardless of whether the public transit system operates on or in the right-of-way for any such roadway.

3. As used in this section, “public transit system” has the meaning ascribed to it in NRS 277A.120 .
Nev. Rev. Stat. § 340.020 — NV Code / Title 28 / Chapter 340 / Section 340.020
Finding and declaration of necessity
Status: in_force

1. It is hereby declared: (a) That widespread unemployment exists throughout the State, making it impossible for many people in the State to support themselves and their families. (b) That these conditions create a public emergency and constitute a menace to the health, safety, morals and welfare of the people of the State. (c) That it is essential that public works projects, financed in whole or in part by the United States of America or by the State, be commenced as soon as possible in order to reduce and relieve this unemployment and prevent irreparable injury to the people of the State. (d) That to this end it is necessary to provide a method for the expeditious acquisition of any lands necessary for such public works projects. (e) That such public works projects are hereby declared to be in furtherance of the public welfare and to be public uses and purposes for which public money may be spent and private property acquired. (f) That the necessity in the public interest for the provisions enacted in this chapter is hereby declared as a matter of legislative determination.

2. Without limitation upon the generality of subsection 1, it is hereby declared: (a) That insanitary or unsafe dwelling accommodations exist in various areas of the State and that consequently many persons of low income are forced to reside therein. (b) That these conditions cause an increase in and spread of disease and crime, constitute a menace to the health, safety, morals and welfare of the citizens of the State, impair economic values, and are not being, and cannot within a reasonable time be, corrected by the investment of private capital available for profit-making enterprises. (c) That the clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the provision of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which private property may be acquired.
Nev. Rev. Stat. § 338.015 — NV Code / Title 28 / Chapter 338 / Section 338.015
Enforcement by Labor Commissioner and Attorney General
Status: in_force

1. The Labor Commissioner shall enforce the provisions of NRS 338.010 to 338.130 , inclusive.

2. Except as otherwise provided in NRS 338.035 and in addition to any other remedy or penalty provided in this chapter, if any person, including, without limitation, a public body, violates any provision of NRS 338.010 to 338.130 , inclusive, or any regulation adopted pursuant thereto, the Labor Commissioner may, after providing the person with notice and an opportunity for a hearing, impose against the person an administrative penalty of not more than $5,000 for each such violation.

3. The Labor Commissioner may, by regulation, establish a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the person pursuant to this section.

4. The Labor Commissioner shall report the violation to the Attorney General, and the Attorney General may prosecute the person in accordance with law.
Nev. Rev. Stat. § 341.019 — NV Code / Title 28 / Chapter 341 / Section 341.019
Inapplicability of chapter to Legislative Branch; use of certain services
Status: in_force

The provisions of this chapter do not apply to the Legislative Branch of State Government. The Legislature may require the Division to provide the services described in NRS 341.1405 to 341.155 , inclusive, for particular projects for the Legislative Branch of State Government.
Nev. Rev. Stat. § 338.1583 — NV Code / Title 28 / Chapter 338 / Section 338.1583
“Public-private partnership” defined
Status: in_force

“ Public-private partnership ” means a contract entered into by a public body and a private partner.
Nev. Rev. Stat. § 341.126 — NV Code / Title 28 / Chapter 341 / Section 341.126
Authorized expenditures
Status: in_force

1. Except as otherwise provided in subsections 2 and 3, the Division may make expenditures necessary to carry into effect the purposes of its acts.

2. All expenditures made by the Division must be within the limits of the appropriation provided for the use of the Division, or provided from money appropriated or authorized for expenditure by the Legislature for construction work or major repairs.

3. The Division may, with the prior approval of the Interim Finance Committee, expend money obtained from any source for advance planning of projects of capital improvement. For the purposes of this subsection, “ advance planning ” means the preparation of floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project.
Nev. Rev. Stat. § 338.1691 — NV Code / Title 28 / Chapter 338 / Section 338.1691
Qualifications for construction manager at risk
Status: in_force

To qualify to enter into contracts with a public body for preconstruction services and to construct a public work, a construction manager at risk must:

1. Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for proposals pursuant to NRS 338.1692 ;

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

3. Not have entered into a contract with a public body to act as a construction manager as agent during the 4 years immediately preceding the date of the advertisement for proposals pursuant to NRS 338.1692 ;

4. Be licensed as a contractor pursuant to chapter 624 of NRS ; and

5. If the project is for the construction of a public work of the State, be qualified to bid on a public work of the State pursuant to NRS 338.1379 .
Nev. Rev. Stat. § 338.1693 — NV Code / Title 28 / Chapter 338 / Section 338.1693
Procedure for selection of most qualified applicants; minimum number of proposals required; negotiation of contract for preconstruction services; availability of certain information to applicants and public; provision of explanation to unsuccessful applicant upon request
Status: in_force

1. The public body or its authorized representative shall appoint a panel consisting of at least three but not more than seven members, a majority of whom must have experience in the construction industry, to rank the proposals submitted to the public body by evaluating the proposals as required pursuant to subsections 2 and 3.

2. The panel appointed pursuant to subsection 1 shall rank the proposals by: (a) Verifying that each applicant satisfies the requirements of NRS 338.1691 ; and (b) Evaluating and assigning a score to each of the proposals received by the public body based on the factors and relative weight assigned to each factor that the public body specified in the request for proposals.

3. When ranking the proposals, the panel appointed pursuant to subsection 1 shall assign a relative weight of 5 percent to the applicant's possession of a certificate of eligibility to receive a preference in bidding on public works if the applicant submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 . 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, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that work.

4. After the panel appointed pursuant to subsection 1 ranks the proposals, the public body or its authorized representative shall, except as otherwise provided in subsection 8, select at least the two but not more than the five applicants whose proposals received the highest scores for interviews.

5. The public body or its authorized representative may appoint a separate panel to interview and rank the applicants selected pursuant to subsection 4. If a separate panel is appointed pursuant to this subsection, the panel must consist of at least three but not more than seven members, a majority of whom must have experience in the construction industry.

6. During the interview process, the panel conducting the interview may require the applicants to submit a preliminary proposed amount of compensation for managing the preconstruction and construction of the public work, including, without limitation, the cost of general overhead and profit, but in no event shall the proposed amount of compensation be less than 5 percent or more than 20 percent of the scoring for the selection of the most qualified applicant. All presentations made at any interview conducted pursuant to this subsection or subsection 5 may be made only by key personnel employed by the applicant, as determined by the applicant, and the employees of the applicant who will be directly responsible for managing the preconstruction and construction of the public work.

7. After conducting such interviews, the panel that conducted the interviews shall rank the applicants by using a ranking process that is separate from the process used to rank the applicants pursuant to subsection 2 and is based only on information submitted during the interview process. The score to be given for the proposed amount of compensation, if any, must be calculated by dividing the lowest of all the proposed amounts of compensation by the applicant's proposed amount of compensation multiplied by the total possible points available to each applicant. When ranking the applicants, the panel that conducted the interviews shall assign a relative weight of 5 percent to the applicant's possession of a certificate of eligibility to receive a preference in bidding on public works if the applicant submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117 . 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, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that work.

8. If the public body did not receive at least two proposals, the public body may not contract with a construction manager at risk.

9. Upon receipt of the final rankings of the applicants from the panel that conducted the interviews, the public body or its authorized representative shall enter into negotiations with the most qualified applicant determined pursuant to the provisions of this section for a contract for preconstruction services, unless the public body required the submission of a proposed amount of compensation, in which case the proposed amount of compensation submitted by the applicant must be the amount offered for the contract. If the public body or its authorized representative is unable to negotiate a contract with the most qualified applicant for an amount of compensation that the public body or its authorized representative and the most qualified applicant determine to be fair and reasonable, the public body or its authorized representative shall terminate negotiations with that applicant. The public body or its authorized representative may then undertake negotiations with the next most qualified applicant in sequence until an agreement is reached and, if the negotiation is undertaken by an authorized representative of the public body, approved by the public body or until a determination is made by the public body to reject all applicants.

10. The public body or its authorized representative shall: (a) Make available to all applicants and the public the following information, as determined by the panel appointed pursuant to subsection 1 and the panel that conducted the interviews, as applicable: (1) The final rankings of the applicants; (2) The score assigned to each proposal received by the public body; and (3) For each proposal received by the public body, the score assigned to each factor that the public body specified in the request for proposals; and (b) Provide, upon request, an explanation to any unsuccessful applicant of the reasons why the applicant was unsuccessful.
Nev. Rev. Stat. § 342.105 — NV Code / Title 28 / Chapter 342 / Section 342.105
Compliance with federal law required; adoption of regulations by Director of Department of Transportation
Status: in_force

1. Any department, agency, instrumentality or political subdivision of this State, or any other public or private entity, which is subject to the provisions of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601 - 4655 , and the regulations adopted pursuant thereto, and which undertakes any project that results in the acquisition of real property or in a person being displaced from his or her home, business or farm, shall provide relocation assistance and make relocation payments to each displaced person and perform such other acts and follow such procedures and practices as are necessary to comply with those federal requirements.

2. The Director of the Department of Transportation shall review the federal act and all amendments and regulations adopted pursuant thereto and adopt such regulations as the Director finds are necessary to enable the State of Nevada to comply with those federal requirements.
Nev. Rev. Stat. § 338.1602 — NV Code / Title 28 / Chapter 338 / Section 338.1602
Applicability of state and federal laws
Status: in_force

If no federal money is used on a transportation facility, the laws of this State govern. Notwithstanding any other provision of NRS 338.158 to 338.1602 , inclusive, if federal money is used on a transportation facility and applicable federal laws conflict with NRS 338.158 to 338.1602 , inclusive, or require provisions or procedures inconsistent with those statutes, the applicable federal laws govern.
Nev. Rev. Stat. § 341.110 — NV Code / Title 28 / Chapter 341 / Section 341.110
General powers and duties of Administrator; regulations
Status: in_force

1. In general, the Administrator shall have such powers as may be necessary to enable him or her to fulfill his or her functions and to carry out the purposes of this chapter.

2. The Administrator shall: (a) Adopt such regulations as he or she determines are necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the duties of the Buildings and Grounds Section; and (b) Recommend to the Board the adoption of such regulations as he or she determines are necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the duties of the Public Works--Compliance and Code Enforcement Section or the Public Works--Professional Services Section.
Nev. Rev. Stat. § 338.520 — NV Code / Title 28 / Chapter 338 / Section 338.520
Payment of outstanding balance upon occupancy, use or recording of notice of completion
Status: in_force

Except with respect to any payment withheld pursuant to NRS 338.525 , if:

1. A public body or a person acting with the authority of the public body occupies or begins use of a public work or a portion of a public work;

2. A notice of completion for a public work or a portion of a public work is recorded as provided in NRS 108.228 ; or

3. A public body partially occupies one or more buildings of a public work,

the public body shall pay or cause to be paid to the contractor any outstanding payment due, including, without limitation, retainage, and any interest accrued thereon within 30 days after whichever event described in subsection 1, 2 or 3 occurs first. The amount paid must be in the proportion that the value of the portion of the public work which is used or occupied bears to the total value of the public work.
Nev. Rev. Stat. § 338.142 — NV Code / Title 28 / Chapter 338 / Section 338.142
Notice of protest of award of contract: Period for filing; contents; posting and disposition of bond or security; stay of action; immunity of public body from liability to bidder
Status: in_force

1. A person who bids on a contract may file a notice of protest regarding the awarding of the contract with the authorized representative designated by the public body within 5 business days after the date the recommendation to award a contract is issued by the public body or its authorized representative.

2. The notice of protest must include a written statement setting forth with specificity the reasons the person filing the notice believes the applicable provisions of law were violated.

3. A person filing a notice of protest may be required by the public body or its authorized representative, at the time the notice of protest is filed, to post a bond with a good and solvent surety authorized to do business in this state or submit other security, in a form approved by the public body, to the public body who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an amount equal to the lesser of: (a) Twenty-five percent of the total value of the bid submitted by the person filing the notice of protest; or (b) Two hundred fifty thousand dollars.

4. A notice of protest filed in accordance with the provisions of this section operates as a stay of action in relation to the awarding of any contract until a determination is made by the public body on the protest.

5. A person who makes an unsuccessful bid may not seek any type of judicial intervention until the public body has made a determination on the protest and awarded the contract.

6. Neither a public body nor any authorized representative of the public body is liable for any costs, expenses, attorney's fees, loss of income or other damages sustained by a person who makes a bid, whether or not the person files a notice of protest pursuant to this section.

7. If the protest is upheld, the bond posted or other security submitted with the notice of protest must be returned to the person who posted the bond or submitted the security. If the protest is rejected, a claim may be made against the bond or other security by the public body in an amount equal to the expenses incurred by the public body because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the person who posted the bond or submitted the security.
Nev. Rev. Stat. § 338.645 — NV Code / Title 28 / Chapter 338 / Section 338.645
Other rights and remedies not affected
Status: in_force

The provisions of NRS 338.400 to 338.645 , inclusive, do not impair or affect the rights of a contractor, subcontractor or supplier to whom any amount may be owed for work performed or materials, equipment or supplies furnished to maintain a civil action or to submit any controversy arising under the contract to arbitration to recover that amount.
Nev. Rev. Stat. § 338.510 — NV Code / Title 28 / Chapter 338 / Section 338.510
Submittal of progress bills
Status: in_force

A contractor shall submit a progress bill to the public body monthly or more frequently if the provisions of the contract so provide.
Nev. Rev. Stat. § 341.161 — NV Code / Title 28 / Chapter 341 / Section 341.161
Contracts with licensed contractors for services which assist Division in design and construction of projects of capital improvement; regulations; requirements for bids
Status: in_force

1. The Administrator may let to a contractor licensed under chapter 624 of NRS a contract for services which assist the Division in the design and construction of a project of capital improvement.

2. The Board shall adopt regulations establishing procedures for: (a) The determination of the qualifications of contractors to bid for contracts for services described in subsection 1. (b) The bidding and awarding of such contracts, subject to the provisions of subsection 3. (c) The awarding of construction contracts based on a final cost of the project which the contractor guarantees will not be exceeded. (d) The scheduling and controlling of projects.

3. Bids on contracts for services which assist the Division in the design and construction of a project of capital improvement must state separately the contractor's cost for: (a) Assisting the Division in the design and construction of the project. (b) Obtaining all bids for subcontracts. (c) Administering the construction contract.

4. A person who furnishes services under a contract awarded pursuant to subsection 1 is a contractor subject to all provisions pertaining to a contractor in this title.
Nev. Rev. Stat. § 338.1382 — NV Code / Title 28 / Chapter 338 / Section 338.1382
Local government public works: Alternative procedure for qualification of bidders
Status: in_force

In lieu of adopting criteria pursuant to NRS 338.1377 and determining the qualification of bidders pursuant to NRS 338.1379 , a governing body may deem a person to be qualified to bid on:

1. Contracts for public works of the local government if the person has not, within the preceding year, materially breached a contract for a public work for which the cost exceeds $25,000,000, and has been determined by: (a) The Division pursuant to NRS 338.1379 to be qualified to bid on contracts for public works of the State pursuant to criteria adopted pursuant to NRS 338.1375 ; or (b) Another governing body pursuant to NRS 338.1379 to be qualified to bid on contracts for public works of that local government pursuant to the criteria set forth in NRS 338.1377 .

2. A contract for a public work of the local government if: (a) The person has been determined by the Department of Transportation pursuant to NRS 408.333 to be qualified to bid on the contract for the public work; (b) The public work will be owned, operated or maintained by the Department of Transportation after the public work is constructed by the local government; and (c) The Department of Transportation requested that bidders on the contract for the public work be qualified to bid on the contract pursuant to NRS 408.333 .
Nev. Rev. Stat. § 341.145 — NV Code / Title 28 / Chapter 341 / Section 341.145
Powers and duties of Administrator concerning design, construction and repairs; final authority of Deputy Administrator of the Public Works - Compliance and Code Enforcement Section
Status: in_force

1. The Administrator: (a) Shall determine whether any rebates are available from a public utility for installing devices in any state building which are designed to decrease the use of energy in the building. If such a rebate is available, the Administrator shall apply for the rebate. (b) Shall solicit bids for and let all contracts for new construction or major repairs. (c) May negotiate with the lowest responsible and responsive bidder on any contract to obtain a revised bid if: (1) The bid is less than the appropriation made by the Legislature for that building project; and (2) The bid does not exceed the relevant budget item for that building project as established by the Administrator by more than 10 percent. (d) May reject any or all bids. (e) After the contract is let, shall supervise and inspect construction and major repairs. The cost of supervision and inspection must be financed from the capital construction program approved by the Legislature. (f) Shall obtain prior approval from the Interim Finance Committee before authorizing any change in the scope of the design or construction of a project as that project was authorized by the Legislature, if the change increases or decreases the total square footage or cost of the project by 10 percent or more. (g) Except for changes that require prior approval pursuant to paragraph (f), may authorize change orders, before or during construction: (1) In any amount, where the change represents a reduction in the total awarded contract price. (2) Except as otherwise provided in subparagraph (3), not to exceed in the aggregate 15 percent of the total awarded contract price, where the change represents an increase in that price. (3) In any amount, where the total awarded contract price is less than $50,000 and the change represents an increase not exceeding the amount of the total awarded contract price. (4) In any amount, where additional money was authorized or appropriated by the Legislature and issuing a new contract would not be in the best interests of the State. (h) Shall specify in any contract with a design professional the period within which the design professional must prepare and submit to the Administrator a change order that has been authorized by the design professional. As used in this paragraph, “ design professional ” means a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS . (i) Has final authority to accept each building or structure, or any portion thereof, on property of the State or held in trust for any division of the State Government as completed or to require necessary alterations to conform to the contract, and to file the notice of completion for the building or structure. (j) Shall obtain prior approval from the Legislature or the Interim Finance Committee, if the Legislature is not in session, before cancelling a project authorized by the Legislature or delaying the commencement or completion of such a project beyond the period for which money for the project was authorized.

2. The Deputy Administrator of the Public Works--Compliance and Code Enforcement Section, when acting as building official pursuant to subsection 9 of NRS 341.100 , has the final authority in: (a) Requiring necessary alterations to conform to any building codes adopted by the Board; and (b) Issuing a certificate of occupancy for a building or structure.

3. In acting upon a proposed change in the scope of the design or construction of a project pursuant to paragraph (f) of subsection 1 or a proposed cancellation or delay of a project pursuant to paragraph (j) of subsection 1, the Interim Finance Committee shall consider, among other things: (a) The reason provided by the Administrator for the proposed change in the scope of the design or construction or the cancellation or delay of the project; (b) The current need for the project; and (c) The intent of the Legislature in originally approving the project.
Nev. Rev. Stat. § 338.0115 — NV Code / Title 28 / Chapter 338 / Section 338.0115
Inapplicability of this chapter and chapters 332 and 339 of NRS to certain projects constructed by private developers
Status: in_force

1. Except as otherwise provided in subsection 2, the provisions of this chapter and chapters 332 and 339 of NRS do not apply to a contract under which a private developer, for the benefit of a private development, constructs a water or sewer line extension and any related appurtenances: (a) Which qualify as a public work pursuant to NRS 338.010 ; and (b) For which the developer will receive a monetary contribution or refund from a public body as reimbursement for a portion of the costs of the project.

2. If, pursuant to the provisions of such a contract, the developer is not responsible for paying all of the initial construction costs of the project, the provisions of NRS 338.0117 , 338.013 to 338.090 , inclusive, and 338.1373 to 338.148 , inclusive, apply to the contract.
Nev. Rev. Stat. § 338.018 — NV Code / Title 28 / Chapter 338 / Section 338.018
Applicability to certain contracts for construction work of Nevada System of Higher Education
Status: in_force

The provisions of NRS 338.013 to 338.018 , 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. § 338.1384 — NV Code / Title 28 / Chapter 338 / Section 338.1384
Definitions
Status: in_force

As used in NRS 338.1384 to 338.13847 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 338.13841 , 338.13842 and 338.13843 have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 338.163 — NV Code / Title 28 / Chapter 338 / Section 338.163
Submission of request to public body; contents of request
Status: in_force

1. A person may submit a request to a public body to 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 and all proposed interconnections with other transportation facilities. (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) 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. (f) 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. (g) A list of the facilities of any utility or existing transportation facility that will be crossed by the transportation facility and a statement of the plans of the person submitting the request to accommodate such crossings. (h) 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 facility, performed by a professional engineer who is licensed pursuant to chapter 625 of NRS . (i) The names and addresses of the persons who may be contacted for further information concerning the request. (j) Any additional material and information that the public body may request.
Nev. Rev. Stat. § 338.430 — NV Code / Title 28 / Chapter 338 / Section 338.430
“Retainage bill” defined
Status: in_force

“Retainage bill” means a bill for 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. § 338.610 — NV Code / Title 28 / Chapter 338 / Section 338.610
Subcontractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers
Status: in_force

Within 5 working days after a subcontractor receives a written request from a subcontractor or supplier of his or her subcontractor or supplier with respect to a subcontract which has not been fully performed, he or she shall notify the subcontractor or supplier of his or her subcontractor or supplier in writing of the following:

1. The date the subcontractor made a specified progress payment or retainage payment to his or her subcontractor or supplier;

2. Whether the subcontractor has paid the entire amount of a specified progress payment or retainage payment to his or her subcontractor or supplier; and

3. The amount withheld by the subcontractor from a specified progress payment or retainage payment to his or her subcontractor or supplier, if any.
Nev. Rev. Stat. § 338.1717 — NV Code / Title 28 / Chapter 338 / Section 338.1717
Employment of architect, general contractor, construction manager as agent, landscape architect or engineer as consultant
Status: in_force

A public body may employ a registered architect, general contractor, construction manager as agent, landscape architect or licensed professional engineer as a consultant to assist the public body in overseeing the construction of a public work. An architect, general contractor, construction manager as agent, landscape architect or engineer so employed shall not:

1. Construct the public work; or

2. Assume overall responsibility for ensuring that the construction of the public work is completed in a satisfactory manner.
Nev. Rev. Stat. § 338.01155 — NV Code / Title 28 / Chapter 338 / Section 338.01155
Legislative findings and declarations: Payment of prevailing wages
Status: in_force

The Legislature hereby finds and declares that:

1. The payment of prevailing wages to workers on public works projects that are funded in whole or in part by public money is essential to: (a) The economic well-being of this State; (b) Increasing the number of skilled construction workers in this State; (c) Enhancing the workforce in this State; and (d) Increasing redevelopment opportunities in this State.

2. To ensure the intentions set forth in subsection 1 are upheld, careful scrutiny of novel leasing and financing arrangements entered into or incentives offered by public bodies for the construction of public works is necessary to ensure that workers on public works projects are paid prevailing wages.
Nev. Rev. Stat. § 338.010 — NV Code / Title 28 / Chapter 338 / Section 338.010
Definitions
Status: in_force

As used in this chapter:

1. “ Authorized representative ” means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.

2. “ Bona fide fringe benefit ” means a benefit in the form of a contribution that is made not less frequently than monthly to an independent third party pursuant to a fund, plan or program: (a) Which is established for the sole and exclusive benefit of a worker and his or her family and dependents; and (b) For which none of the assets will revert to, or otherwise be credited to, any contributing employer or sponsor of the fund, plan or program. The term includes, without limitation, benefits for a worker that are determined pursuant to a collective bargaining agreement and included in the determination of the prevailing wage by the Labor Commissioner pursuant to NRS 338.030 .

3. “ Contract ” means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.

4. “ Contractor ” means: (a) A person who is licensed pursuant to the provisions of chapter 624 of NRS . (b) A design-build team.

5. “ Day labor ” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.

6. “ Design-build contract ” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

7. “ Design-build team ” means an entity that consists of: (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS ; and (b) For a public work that consists of: (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS . (2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS .

8. “ Design professional ” means: (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS ; (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS ; (c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS ; (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS ; or (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

9. “ Discrete project ” means one or more public works which are undertaken on a single construction site for a single public body. The term does not include one or more public works that are undertaken on multiple construction sites regardless of whether the public body which sponsors or finances the public works bundles the public works together.

10. “ Division ” means the State Public Works Division of the Department of Administration.

11. “ Eligible bidder ” means a person who is: (a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373 ; or (b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139 , inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382 .

12. “ General contractor ” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business: (a) General engineering contracting, as described in subsection 2 of NRS 624.215 . (b) General building contracting, as described in subsection 3 of NRS 624.215 .

13. “ Governing body ” means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.

14. “ Horizontal construction ” means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work, including, without limitation, any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and any other work incidental thereto. The term does not include vertical construction, the construction of any terminal or other building of an airport or airway, or the construction of any other building.

15. “ Local government ” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750 , inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

16. “ Offense ” means: (a) Failing to: (1) Pay the prevailing wage required pursuant to this chapter; (2) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS ; (3) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or (4) Comply with subsection 5 or 6 of NRS 338.070 . (b) Discharging an obligation to pay wages in a manner that violates the provisions of NRS 338.035 .

17. “ Prime contractor ” means a contractor who: (a) Contracts to construct an entire project; (b) Coordinates all work performed on the entire project; (c) Uses his or her own workforce to perform all or a part of the public work; and (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors. The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148 .

18. “ Public body ” means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.

19. “ Public work ” means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for: (a) Public buildings; (b) Jails and prisons; (c) Public roads; (d) Public highways; (e) Public streets and alleys; (f) Public utilities; (g) Publicly owned water mains and sewers; (h) Public parks and playgrounds; (i) Public convention facilities which are financed at least in part with public money; and (j) All other publicly owned works and property.

20. “ Specialty contractor ” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215 .

21. “ Stand-alone underground utility project ” means an underground utility project that is not integrated into a larger project, including, without limitation: (a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and (b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto, that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711 .

22. “ Subcontract ” means a written contract entered into between: (a) A contractor and a subcontractor or supplier; or (b) A subcontractor and another subcontractor or supplier, for the provision of labor, materials, equipment or supplies for a construction project.

23. “ Subcontractor ” means a person who: (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS ; and (b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

24. “ Supplier ” means a person who provides materials, equipment or supplies for a construction project.

25. “ Vertical construction ” means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work for any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any other work or improvement appurtenant thereto.

26. “ Wages ” means: (a) The basic hourly rate of pay; and (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other bona fide fringe benefits which are a benefit to the worker.

27. “ Worker ” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.
Nev. Rev. Stat. § 341.142 — NV Code / Title 28 / Chapter 341 / Section 341.142
Advance planning of project
Status: in_force

The Division may, with the prior approval of the Interim Finance Committee, plan a project in advance by preparing floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project. The Division may submit preliminary or advance plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the Division considers it desirable. The cost of preparation of preliminary or advance plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services are charges against the appropriations made by the Legislature for any state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the Legislature has appropriated or may appropriate money. The costs must not exceed the limitations that are or may be provided by the Legislature.
Nev. Rev. Stat. § 338.1599 — NV Code / Title 28 / Chapter 338 / Section 338.1599
Federal, state or local assistance
Status: in_force

The public body may take any action necessary to obtain federal, state or local assistance for a transportation facility that it approves and may enter into any contracts required to receive such assistance. The public body shall, by resolution, determine if it serves the public purpose for all or a portion of the costs of the transportation facility to be paid, directly or indirectly, from the proceeds of a grant or loan made by the local, state or Federal Government or any agency or instrumentality thereof.
Nev. Rev. Stat. § 338.16995 — NV Code / Title 28 / Chapter 338 / Section 338.16995
Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Authority to enter into; procedure for awarding subcontracts of certain estimated value; substitution of subcontractor on such subcontracts; availability of certain information to applicants and public
Status: in_force

1. If a public body enters into a contract with a construction manager at risk for the construction of a public work pursuant to NRS 338.1696 , the construction manager at risk may enter into a subcontract for the provision of labor, materials and equipment necessary for the construction of the public work only as provided in this section.

2. The provisions of this section apply only to a subcontract for which the estimated value is at least 1 percent of the total cost of the public work or $50,000, whichever is greater.

3. After the design and schedule for the construction of the public work is sufficiently detailed and complete to allow a subcontractor to submit a meaningful and responsive proposal, and not later than 21 days before the date by which a proposal for the provision of labor, materials or equipment by a subcontractor must be submitted, the construction manager at risk shall notify in writing each subcontractor who was determined pursuant to NRS 338.16991 to be qualified to submit such a proposal of a request for such proposals and shall provide to each such subcontractor a form prepared by the construction manager at risk and approved by the public body on which any proposal in response to the request for proposals must be submitted. A copy of the notice required pursuant to this subsection must be provided to the public body.

4. The notice required pursuant to subsection 3 must include, without limitation: (a) A description of the design for the public work and a statement indicating where a copy of the documents relating to that design may be obtained; (b) A description of the type and scope of labor, equipment and materials for which subcontractor proposals are being sought; (c) The dates on which it is anticipated that construction of the public work will begin and end; (d) If a preproposal meeting regarding the scope of the work to be performed by the subcontractor is to be held, the date, time and place at which the preproposal meeting will be held; (e) The date and time by which proposals must be received, and to whom they must be submitted; (f) The date, time and place at which proposals will be opened for evaluation; (g) A description of the bonding and insurance requirements for subcontractors; (h) Any other information reasonably necessary for a subcontractor to submit a responsive proposal; and (i) A statement in substantially the following form: Notice: For a proposal for a subcontract on the public work to be considered: 1. The subcontractor must be licensed pursuant to chapter 624 of NRS ; 2. The proposal must be submitted on the form provided by the construction manager at risk and be timely received; 3. If a preproposal meeting regarding the scope of the work to be performed by the subcontractor is held, the subcontractor must attend the preproposal meeting; and 4. The subcontractor may not modify the proposal after the date and time the proposal is received.

5. A subcontractor may not modify a proposal after the date and time the proposal is received.

6. To be considered responsive, a proposal must: (a) Be submitted on the form provided by the construction manager at risk pursuant to subsection 3; (b) Be timely received by the construction manager at risk; and (c) Substantially and materially conform to the details and requirements included in the proposal instructions and for the finalized bid package for the public work, including, without limitation, details and requirements affecting price and performance.

7. The opening of the proposals must be attended by an authorized representative of the public body. The public body may require the architect or engineer responsible for the design of the public work to attend the opening of the proposals. The opening of the proposals is not otherwise open to the public.

8. At the time the proposals are opened, the construction manager at risk shall compile and provide to the public body or its authorized representative a list that includes, without limitation, the name and contact information of each subcontractor who submits a timely proposal.

9. Not more than 10 working days after opening the proposals and before the construction manager at risk submits a guaranteed maximum price, a fixed price or a fixed price plus reimbursement pursuant to NRS 338.1696 , the construction manager at risk shall: (a) Evaluate the proposals and determine which proposals are responsive. (b) Select the subcontractor who submits the proposal that the construction manager at risk determines is the best proposal. Subject to the provisions of subparagraphs (1), (2) and (3), if only one subcontractor submits a proposal, the construction manager at risk may select that subcontractor. The subcontractor must be selected from among those: (1) Who attended the preproposal meeting regarding the scope of the work to be performed by the subcontractor, if such a preproposal meeting was held; (2) Who submitted a responsive proposal; and (3) Whose names are included on the list compiled and provided to the public body or its authorized representative pursuant to subsection 8. (c) Inform the public body or its authorized representative which subcontractor has been selected.

10. The public body or its authorized representative shall ensure that the evaluation of proposals and selection of subcontractors are done pursuant to the provisions of this section and regulations adopted by the State Public Works Board.

11. A subcontractor selected pursuant to subsection 9 need not be selected by the construction manager at risk solely on the basis of lowest price.

12. Except as otherwise provided in subsections 13 and 15, the construction manager at risk shall enter into a subcontract with a subcontractor selected pursuant to subsection 9 to provide the labor, materials or equipment described in the request for proposals.

13. A construction manager at risk shall not substitute a subcontractor for any subcontractor selected pursuant to subsection 9 unless: (a) The public body or its authorized representative objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change; or (b) The substitution is approved by the public body after the selected subcontractor: (1) Files for bankruptcy or becomes insolvent; (2) After having a reasonable opportunity, fails or refuses to execute a written contract with the construction manager at risk which was offered to the selected subcontractor with the same general terms that all other subcontractors on the project were offered; (3) Fails or refuses to perform the subcontract within a reasonable time; (4) Is unable to furnish a performance bond and payment bond pursuant to NRS 339.025 , if required for the public work; or (5) Is not properly licensed to provide that labor or portion of the work.

14. If a construction manager at risk substitutes a subcontractor for any subcontractor selected pursuant to subsection 9 without complying with the provisions of subsection 13, the construction manager at risk shall forfeit, as a penalty to the public body, an amount equal to 1 percent of the total amount of the contract.

15. If a construction manager at risk does not select a subcontractor pursuant to subsection 9 to perform a portion of work on a public work, the construction manager at risk shall notify the public body that the construction manager at risk intends to perform that portion of work. If, after providing such notification, the construction manager at risk substitutes a subcontractor to perform the work, the construction manager at risk shall forfeit, as a penalty to the public body, the lesser of, and excluding any amount of the contract that is attributable to change orders: (a) An amount equal to 2.5 percent of the total amount of the contract; or (b) An amount equal to 35 percent of the estimate by the engineer of the cost of the work the construction manager at risk selected himself or herself to perform on the public work.

16. The construction manager at risk shall make available to the public the name of each subcontractor who submits a proposal.

17. If a public work is being constructed in phases, and a construction manager at risk selects a subcontractor pursuant to subsection 9 for the provision of labor, materials or equipment for any phase of that construction, the construction manager at risk may select that subcontractor for the provision of labor, materials or equipment for any other phase of the construction without following the requirements of subsections 3 to 11, inclusive.

18. As used in this section, “ general terms ” has the meaning ascribed to it in NRS 338.141 .
Nev. Rev. Stat. § 338.1435 — NV Code / Title 28 / Chapter 338 / Section 338.1435
Constructability review of initially used plans and specifications required before advertising for bids for contracts for larger public works
Status: in_force

1. Before a local government or its authorized representative advertises for bids for a contract for a public work, the local government or its authorized representative shall perform a review of the approved plans and specifications to determine if the plans and specifications are complete and contain all necessary information and specifications to construct the public work, if: (a) The plans and specifications are to be used for the first time on a public work; and (b) The plans and specifications are for a public work that has an estimated cost which exceeds $10,000,000.

2. A constructability review required pursuant to subsection 1 must be performed by an architect registered pursuant to chapter 623 of NRS , a contractor licensed pursuant to chapter 624 of NRS or a professional engineer licensed pursuant to chapter 625 of NRS and must include, without limitation: (a) A determination of whether a competent contractor would be able to construct the public work based on the approved plans and specifications; and (b) A review of the approved plans and specifications for the public work for completeness, clarity and economic feasibility.

3. If the local government or its authorized representative does not employ a person who has the expertise to perform a constructability review as described in subsection 2, the local government or its authorized representative must contract with an independent third party who is an architect registered pursuant to chapter 623 of NRS , a contractor licensed pursuant to chapter 624 of NRS or a professional engineer licensed pursuant to chapter 625 of NRS to perform the constructability review. A contract entered into pursuant to this section between a local government or its authorized representative and an independent third party is not required to be awarded by competitive bidding.
Nev. Rev. Stat. § 338.127 — NV Code / Title 28 / Chapter 338 / Section 338.127
Employer authorized to enforce health and safety requirements notwithstanding protections for hair texture and protective hairstyles
Status: in_force

Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law.
Nev. Rev. Stat. § 338.570 — NV Code / Title 28 / Chapter 338 / Section 338.570
Contractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers
Status: in_force

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

1. The date the contractor made a specified progress payment or retainage payment to his or her subcontractor or supplier;

2. Whether the contractor has paid the entire amount of a specified progress payment or retainage payment to his or her subcontractor or supplier; and

3. The amount withheld by the contractor from a specified progress payment or retainage payment to his or her subcontractor or supplier, if any.
Nev. Rev. Stat. § 338.1598 — NV Code / Title 28 / Chapter 338 / Section 338.1598
Contract for services under alternative methods
Status: in_force

A public body may contract with a person whose request or proposal submitted pursuant to NRS 338.159 or 338.1591 is approved pursuant to NRS 338.1592 for 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. § 340.170 — NV Code / Title 28 / Chapter 340 / Section 340.170
Right to withdraw or dismiss petition
Status: in_force

At any time before the vesting of title to the property in the petitioner, the petitioner may withdraw or dismiss its petition with respect to any or all of the property therein described.
Nev. Rev. Stat. § 338.141 — NV Code / Title 28 / Chapter 338 / Section 338.141
Bids to include certain information concerning subcontractors and prime contractors; when bids deemed not responsive with respect to subcontractors; requirements and penalties for substitution of named subcontractors
Status: in_force

1. Except as otherwise provided in NRS 338.1727 , each bid submitted to a public body for any public work to which paragraph (a) of subsection 1 of NRS 338.1385 , paragraph (a) of subsection 1 of NRS 338.143 or NRS 408.327 applies, must include: (a) If the public body provides a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each first tier subcontractor who will provide such labor or portion of the work on the public work which is estimated to exceed 3 percent of the estimated cost of the public work; or (b) If the public body does not provide a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding 5 percent of the prime contractor's total bid. If the bid is submitted pursuant to this paragraph, within 2 hours after the completion of the opening of the bids, the contractors who submitted the three lowest bids must submit a list containing: (1) The name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding $250,000. (2) If any one of the contractors who submitted one of the three lowest bids will employ a first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will not be paid an amount exceeding $250,000, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid 1 percent of the prime contractor's total bid or $50,000, whichever is greater. (3) For each first tier subcontractor whose name is listed pursuant to subparagraph (1) or (2), the number of the license issued to the first tier subcontractor pursuant to chapter 624 of NRS .

2. The lists required by subsection 1 must include a description of the labor or portion of the work which each first tier subcontractor named in the list will provide to the prime contractor.

3. A prime contractor shall include his or her name on a list required by paragraph (a) or (b) of subsection 1. If the prime contractor will perform any work which is more than 1 percent of the prime contractor's total bid and which is not being performed by a subcontractor listed pursuant to paragraph (a) or (b) of subsection 1, the prime contractor shall also include on the list: (a) A description of the labor or portion of the work that the prime contractor will perform; or (b) A statement that the prime contractor will perform all work other than that being performed by a subcontractor listed pursuant to paragraph (a) or (b) of subsection 1.

4. Except as otherwise provided in this subsection, if a contractor: (a) Fails to submit the list within the required time; or (b) Submits a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the Division pursuant to NRS 338.1376 , the contractor's bid shall be deemed not responsive. A contractor's bid shall not be deemed not responsive on the grounds that the contractor submitted a list that includes the name of a subcontractor who, at the time of the submission of the list, is on disqualified status with the Division pursuant to NRS 338.1376 if the contractor, before the award of the contract, provides an acceptable replacement subcontractor in the manner set forth in subsection 1 or 2 of NRS 338.13895 .

5. A prime contractor shall not substitute a subcontractor for any subcontractor who is named in the bid, unless: (a) The public body or its authorized representative objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change. (b) The substitution is approved by the public body or its authorized representative. The substitution must be approved if the public body or its authorized representative determines that: (1) The named subcontractor, after having a reasonable opportunity, fails or refuses to execute a written contract with the contractor which was offered to the named subcontractor with the same general terms that all other subcontractors on the project were offered; (2) The named subcontractor files for bankruptcy or becomes insolvent; (3) The named subcontractor fails or refuses to perform his or her subcontract within a reasonable time or is unable to furnish a performance bond and payment bond pursuant to NRS 339.025 ; or (4) The named subcontractor is not properly licensed to provide that labor or portion of the work. (c) If the public body awarding the contract is a governing body, the public body or its authorized representative, in awarding the contract pursuant to NRS 338.1375 to 338.139 , inclusive: (1) Applies such criteria set forth in NRS 338.1377 as are appropriate for subcontractors and determines that the subcontractor does not meet that criteria; and (2) Requests in writing a substitution of the subcontractor.

6. If a prime contractor substitutes a subcontractor for any subcontractor who is named in the bid without complying with the provisions of subsection 5, the prime contractor shall forfeit, as a penalty to the public body that awarded the contract, an amount equal to 1 percent of the total amount of the contract.

7. If a prime contractor, after the submission of the bid, substitutes a subcontractor to perform the work indicated pursuant to subsection 3 that the prime contractor would perform, the prime contractor shall forfeit as a penalty to the public body that awarded the contract, the lesser of, and excluding any amount of the contract that is attributable to change orders: (a) An amount equal to 2.5 percent of the total amount of the contract; or (b) An amount equal to 35 percent of the estimate by the engineer of the cost of the work the prime contractor indicated pursuant to subsection 3 that he or she would perform on the public work.

8. As used in this section: (a) “ First tier subcontractor ” means a subcontractor who contracts directly with a prime contractor to provide labor, materials or services for a construction project. (b) “ General terms ” means the terms and conditions of a contract that set the basic requirements for a public work and apply without regard to the particular trade or specialty of a subcontractor, but does not include any provision that controls or relates to the specific portion of the public work that will be completed by a subcontractor, including, without limitation, the materials to be used by the subcontractor or other details of the work to be performed by the subcontractor.
Nev. Rev. Stat. § 338.640 — NV Code / Title 28 / Chapter 338 / Section 338.640
Award of reasonable costs and attorney's fees to prevailing party
Status: in_force

1. The court or arbitrator shall award to a contractor, subcontractor or supplier who is the prevailing party in a civil action or an arbitration proceeding to recover an amount that was required to be paid to him or her pursuant to the provisions of NRS 338.400 to 338.645 , inclusive, his or her reasonable costs and attorney's fees.

2. The provisions of NRS 338.400 to 338.645 , inclusive, do not prevent a public body from including a provision governing attorney's fees in a contract for a public work.
Nev. Rev. Stat. § 338.135 — NV Code / Title 28 / Chapter 338 / Section 338.135
Rental or lease of trucks or truck and trailer combinations by contractors or subcontractors: Hourly rate for vehicle and services of driver
Status: in_force

Where a truck or truck and trailer combination is rented or leased after April 22, 1969, by a contractor or subcontractor on a public work, the hourly rate for the rental or lease of such truck or truck and trailer combination must, when added to the prevailing rate of wages required by NRS 338.020 for the driver, not be less than the hourly rate for similar vehicles with a driver as such hourly rate appears in freight tariffs approved by the Nevada Transportation Authority for the area in which the public work is located.
Nev. Rev. Stat. § 342.025 — NV Code / Title 28 / Chapter 342 / Section 342.025
Duty to develop process for claiming eligibility for services and benefits provided to displaced persons or businesses by governmental body
Status: in_force

Before displacing a natural person or a business as a result of an acquisition, a governmental body shall develop a process by which natural persons or businesses who will be displaced from their dwellings or business establishments as a result of the acquisition, and who are otherwise eligible for services and benefits provided by the governmental body pursuant to NRS 342.015 to 342.075 , inclusive, may claim eligibility for those services and benefits. The process must include, without limitation, claim forms and a schedule setting forth the time when those forms and any required attachments must be submitted to the governmental body and the time when the governmental body will distribute any monetary compensation or provide other services.
Nev. Rev. Stat. § 338.016 — NV Code / Title 28 / Chapter 338 / Section 338.016
Civil action against contractor after imposition of administrative penalty to recover damages resulting from commission of offense; rebuttable presumption; costs and attorney’s fees
Status: in_force

1. If, after an opportunity for a hearing, an administrative penalty is imposed against a contractor on a public work for the commission of an offense: (a) An eligible bidder, or any person who entered into a contract with the eligible bidder before bids for the contract for the public work were let, may commence a civil action against the contractor to recover damages suffered as a proximate result of the eligible bidder not being awarded the contract for the public work. (b) There is a rebuttable presumption that the contractor was awarded the contract for the public work because the contractor’s bid on the contract was based, in part, on his or her intent to commit the offense and, as a result, was lower than it otherwise would have been.

2. The court may award costs and reasonable attorney's fees to the prevailing party in any action brought pursuant to this section.
Nev. Rev. Stat. § 341.041 — NV Code / Title 28 / Chapter 341 / Section 341.041
Replacement of appointed member for failure to attend meetings
Status: in_force

1. If an appointed member of the Board fails to attend three successive meetings of the Board, the Board shall provide notice of that fact, in writing, to the appointing authority who appointed that member.

2. The notice must be provided to the appointing authority within 5 days after the third successive meeting that the member fails to attend.

3. Upon receipt of the notice, the appointing authority may appoint a person to replace the member in the same manner as filling a vacancy on the Board.
Nev. Rev. Stat. § 338.1587 — NV Code / Title 28 / Chapter 338 / Section 338.1587
Public-private partnership: Authority to enter; authorized provisions
Status: in_force

1. A public body may enter into a public-private partnership to plan, finance, design, construct, improve, maintain, operate or acquire the rights-of-way for, or any combination thereof, a transportation facility.

2. A public-private partnership may include, without limitation: (a) A predevelopment agreement leading to another implementing agreement for a transportation facility as described in this subsection; (b) A design-build contract; (c) A design-build contract that includes the financing, maintenance or operation, or any combination thereof, of the transportation facility; (d) A contract involving a construction manager at risk; (e) A concession, including, without limitation, a toll concession and an availability payment concession; (f) A construction agreement that includes the financing, maintenance or operation, or any combination thereof, of the transportation facility; (g) An operation and maintenance agreement for a transportation facility; (h) Any other method or agreement for completion of the transportation facility that the public body determines will serve the public interest; or (i) Any combination of paragraphs (a) to (h), inclusive.
Nev. Rev. Stat. § 338.139 — NV Code / Title 28 / Chapter 338 / Section 338.139
Awarding of contract to specialty contractor: Conditions
Status: in_force

1. A public body or its authorized representative may award a contract for a public work pursuant to NRS 338.1375 to 338.13895 , inclusive, to a specialty contractor if: (a) The majority of the work to be performed on the public work to which the contract pertains consists of specialty contracting for which the specialty contractor is licensed; and (b) The public work to which the contract pertains is not part of a larger public work.

2. If a public body or its authorized representative awards a contract to a specialty contractor pursuant to NRS 338.1375 to 338.13895 , inclusive, all work to be performed on the public work to which the contract pertains that is outside the scope of the license of the specialty contractor must be performed by a subcontractor who: (a) Is licensed to perform such work; and (b) At the time of the performance of the work, is not on disqualified status with the Division pursuant to NRS 338.1376 .
Nev. Rev. Stat. § 338.1378 — NV Code / Title 28 / Chapter 338 / Section 338.1378
Local government public works: Advertisement required before acceptance of applications for qualification of bidders
Status: in_force

1. Before a local government accepts applications pursuant to NRS 338.1379 , the local government must, in accordance with subsection 2, advertise in a newspaper that is: (a) Qualified pursuant to the provisions of chapter 238 of NRS ; and (b) Published in a county in which the contracts for the potential public works will be performed or, if no qualified newspaper is published in that county, published in a qualified newspaper that is published in the State of Nevada and which has a general circulation in the county in which the contracts for the potential public works will be performed.

2. An advertisement required pursuant to subsection 1: (a) Must be published at least once not less than 21 days before applications are to be submitted to the local government; and (b) Must include: (1) A description of the potential public works for which applications to qualify as a bidder are being accepted; (2) The time and place at which applications are to be submitted to the local government; (3) The place at which applications may be obtained; and (4) Any other information that the local government deems necessary.
Nev. Rev. Stat. § 340.220 — NV Code / Title 28 / Chapter 340 / Section 340.220
Costs
Status: in_force

If the petitioner, prior to the making of the award, shall have tendered to an interested person for his or her property or deposited in court for such property an amount which such interested person refused to accept or agree to as just compensation, all costs shall be assessed against such person in the event that the aforesaid amount tendered or deposited is equal to or in excess of the award fixed or confirmed by the court with respect to such parcel.
Nev. Rev. Stat. § 338.130 — NV Code / Title 28 / Chapter 338 / Section 338.130
Preferential employment in construction of public works
Status: in_force

1. In all cases where persons are employed in the construction of public works, preference must be given, the qualifications of the applicants being equal: (a) First: To persons who: (1) Have been honorably discharged from the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States, a reserve component thereof or the National Guard; and (2) Are citizens of the State of Nevada. (b) Second: To other citizens of the State of Nevada.

2. Nothing in this section shall be construed to prevent the working of prisoners by a public body on a public work.

3. In each contract for the construction of public works, a clause must be inserted to the effect that if the provisions of this section are not complied with by the contractor engaged on the public work, the contract is void, and any failure or refusal to comply with any of the provisions of this section renders any such contract void. All boards, commissions, officers, agents and employees having the power to enter into contracts for the expenditure of public money on public works shall file in the Office of the Labor Commissioner the names and addresses of all contractors holding contracts with the public body, and upon the letting of new contracts, the names and addresses of such new contractors must likewise be filed with the Labor Commissioner. Upon the demand of the Labor Commissioner, a contractor shall furnish a list of the names and addresses of all subcontractors employed by the contractor engaged on a public work.

4. Subject to the exceptions contained in this section, no money may be paid out of the State Treasury or out of the treasury of any political subdivision of the State to any person employed on any work mentioned in this section unless there has been compliance with the provisions of this section.

5. Any contractor engaged on a public work or any other person who violates any of the provisions of this section is guilty of a misdemeanor. The penalties provided for in this section do not apply where violations thereof are due to misrepresentations made by the employee or employees.
Nev. Rev. Stat. § 339.035 — NV Code / Title 28 / Chapter 339 / Section 339.035
Actions on payment bonds by claimants
Status: in_force

1. Subject to the provisions of subsection 2, any claimant who has performed labor or furnished material in the prosecution of the work provided for in any contract for which a payment bond has been given pursuant to the provisions of subsection 1 of NRS 339.025 , and who has not been paid in full before the expiration of 90 days after the date on which the claimant performed the last of such labor or furnished the last of such materials for which the claimant claims payment, may bring an action on such payment bond in his or her own name to recover any amount due the claimant for such labor or material, and may prosecute such action to final judgment and have execution on the judgment.

2. Any claimant who has a direct contractual relationship with any subcontractor of the contractor who gave such payment bond, but no contractual relationship, express or implied, with such contractor, may bring an action on the payment bond only: (a) If the claimant has, within 30 days after furnishing the first of such materials or performing the first of such labor, served on the contractor a written notice which shall inform the latter of the nature of the materials being furnished or to be furnished, or the labor performed or to be performed, and identifying the person contracting for such labor or materials and the site for the performance of such labor or materials; and (b) After giving written notice to such contractor within 90 days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which the claimant claims payment. Each written notice shall state with substantial accuracy the amount claimed and the name of the person for whom the work was performed or the material supplied, and shall be served by being sent by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place in which the contractor maintains an office or conducts business, or at the residence of the contractor.
Nev. Rev. Stat. § 338.1584 — NV Code / Title 28 / Chapter 338 / Section 338.1584
“Transportation facility” defined
Status: in_force

“ Transportation facility ” means any existing, enhanced, upgraded or new facility used or useful for the safe transport of persons, information or goods by one or more modes of transport, including, without limitation, a road, railroad, bridge, tunnel, overpass, mass transit facility, light rail, commuter rail, conduit, ferry, boat, vessel, intermodal or multimodal system, a system using an automated driving system, as defined in NRS 482A.025 , and any rights-of-way necessary for the facility. The term includes:

1. Related or ancillary facilities used or useful for providing, operating, maintaining or generating revenue for a transportation facility, including, without limitation, administrative buildings, structures, rest areas, maintenance yards and buildings, rail yards, rolling stock, storage facilities, ports of entry, vehicles, control systems, communication systems, information systems, energy systems, parking facilities and other related equipment or property that is needed or used to support the transportation facility or the transportation of persons, information or goods; and

2. All improvements, including equipment, necessary to the full utilization of a transportation facility, including, without limitation, site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive and air transportation and transportation facilities incidental to the project.
Nev. Rev. Stat. § 338.168 — NV Code / Title 28 / Chapter 338 / Section 338.168
Federal, state or local assistance
Status: in_force

The public body may take any action necessary to obtain federal, state or local assistance for a transportation facility that it approves and may enter into any contracts required to receive such assistance. The public body shall, by resolution, determine if it serves the public purpose for all or a portion of the costs of the transportation facility to be paid, directly or indirectly, through an approved trade or other consideration or from the proceeds of a grant or loan made by the local, state or Federal Government or any agency or instrumentality thereof.
Nev. Rev. Stat. § 340.140 — NV Code / Title 28 / Chapter 340 / Section 340.140
Hearing of objections to and action on report by court; appointment of another special master if report is rejected; final judgment; vesting of title; possession
Status: in_force

1. If no objections are filed to the special master's report, the court (but only on motion of the petitioner unless title to the property has vested in the petitioner) shall enter a final judgment fixing the compensation to be paid for the property and the persons entitled to such compensation.

2. If any objections are filed to the special master's report, the court on the date specified in the order shall hear and determine such questions of law and fact as are raised by such exceptions and may approve, disapprove or modify the special master's findings or may reject the special master's report in toto.

3. If the special master's report is rejected in toto, the court shall at once appoint another special master in the same manner that the first special master was appointed, and such special master shall have the same powers and duties as the special master first appointed, except that notice of the time for filing claims and of the hearing of the special master may be given by registered or certified mail to all persons who have appeared in the proceedings or their attorneys of record at their last known addresses, and no other notice shall be necessary.

4. If the court shall approve the special master's report, with or without modifications, the court (but only on motion of the petitioner unless title to the property has previously vested in the petitioner) shall enter a final judgment, fixing the compensation to be paid for such property and the persons entitled to such compensation.

5. If title to the property has not previously been vested in the petitioner, the title and right to possession of the property shall vest in the petitioner immediately upon the entry of such final judgment and upon the deposit in court by the petitioner of the amount of the judgment fixed by the court as the compensation for such property. Upon the entry of such judgment and the vesting of title aforesaid, the court shall designate the day (not exceeding 30 days thereafter, except upon good cause shown) on which the parties in possession of the property shall be required to surrender possession to the petitioner.
Nev. Rev. Stat. § 338.600 — NV Code / Title 28 / Chapter 338 / Section 338.600
Withholding amounts for failure of subcontractor or supplier to comply with subcontract or applicable building code, law or regulation; payment of amounts withheld upon correction of condition
Status: in_force

1. Except as otherwise provided in NRS 338.595 , a subcontractor may withhold from a progress payment or retainage payment an amount sufficient to pay the expenses the subcontractor reasonably expects to incur as a result of the failure of his or her subcontractor or supplier to comply with the subcontract or applicable building code, law or regulation.

2. A subcontractor shall, within 10 days after the subcontractor receives: (a) A progress payment or retainage payment from a contractor for an amount that is less than the amount set forth in the applicable progress bill or retainage bill; or (b) A progress bill or retainage bill from his or her subcontractor or supplier, give a written notice to his or her subcontractor or supplier of any amount that will be withheld pursuant to this section.

3. The written notice must: (a) Set forth: (1) The amount of the progress payment or retainage payment that will be withheld from his or her subcontractor or supplier; and (2) A detailed explanation of the reason the subcontractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the subcontract, or documents related thereto, or applicable building code, law or regulation with which the subcontractor or supplier has failed to comply; and (b) Be signed by an authorized agent of the subcontractor.

4. The subcontractor shall pay to his or her subcontractor or supplier the amount withheld by the public body, contractor or subcontractor within 10 days after: (a) The subcontractor receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of his or her subcontractor or supplier; or (b) The contractor pays to the subcontractor the amount withheld, whichever occurs later.
Nev. Rev. Stat. § 338.1711 — NV Code / Title 28 / Chapter 338 / Section 338.1711
Contracts for which public body is required or authorized to enter into with prime contractor or design-build team
Status: in_force

1. Except as otherwise provided in this section and NRS 338.158 to 338.16995 , inclusive, a public body shall contract with a prime contractor for the construction of a public work for which the estimated cost exceeds $100,000.

2. A public body may contract with a design-build team for the design and construction of a public work that is a discrete project if the public body has approved the use of a design-build team for the design and construction of the public work and the public work has an estimated cost which exceeds $5,000,000.
Nev. Rev. Stat. § 338.1727 — NV Code / Title 28 / Chapter 338 / Section 338.1727
Request for and submission of final proposals; selection or rejection of final proposals; awarding of contract; partial reimbursement of unsuccessful finalists in certain circumstances; contents of contract; availability to public of certain information
Status: in_force

1. After selecting the finalists pursuant to NRS 338.1725 , the public body shall provide to each finalist a request for final proposals for the public work. The request for final proposals must: (a) Set forth the factors that the public body will use to select a design-build team to design and construct the public work, including the relative weight to be assigned to each factor; and (b) Set forth the date by which final proposals must be submitted to the public body.

2. If one or more of the finalists selected pursuant to NRS 338.1725 is disqualified or withdraws, the public body may select a design-build team from the remaining finalist or finalists.

3. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the public body shall assign, 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 if the contractors submit signed affidavits that meet the requirements of subsection 1 of NRS 338.0117 , and a certificate of eligibility to receive a preference when competing for public works by all design professionals on the design-build team, and a relative weight of at least 30 percent to the proposed cost of design and construction of the public work. 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 in bidding on public works, or 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.

4. A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly and be responsive to the criteria that the public body will use to select a design-build team to design and construct the public work described in subsection 1. A design-build team that submits a final proposal which is not responsive shall not be awarded the contract and shall not be eligible for the partial reimbursement of costs provided for in subsection 7.

5. A final proposal is exempt from the requirements of NRS 338.141 .

6. After receiving and evaluating the final proposals for the public work, the public body or its authorized representative shall enter into negotiations with the most qualified applicant, as determined pursuant to the criteria set forth pursuant to subsections 1 and 3, and award the design-build contract to the design-build team whose proposal is selected. If the public body or its authorized representative is unable to negotiate with the most qualified applicant a contract that is determined by the parties to be fair and reasonable, the public body may terminate negotiations with that applicant. The public body or its authorized representative may then undertake negotiations with the next most qualified applicant in sequence until an agreement is reached and, if the negotiation is undertaken by an authorized representative of the public body, approved by the public body or until a determination is made by the public body to reject all applicants.

7. If a public body selects a final proposal and awards a design-build contract pursuant to subsection 6, the public body shall: (a) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (j) of subsection 2 of NRS 338.1723 . The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract. (b) Make available to the public the results of the evaluation of final proposals that was conducted and the ranking of the design-build teams who submitted final proposals. The public body shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

8. A contract awarded pursuant to this section: (a) Must comply with the provisions of NRS 338.020 to 338.090 , inclusive. (b) Must specify: (1) An amount that is the maximum amount that the public body will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract; (2) An amount that is the maximum amount that the public body will pay for the performance of the professional services required by the contract; and (3) A date by which performance of the work required by the contract must be completed. (c) May set forth the terms by which the design-build team agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design-build team. (d) Except as otherwise provided in paragraph (e), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers and agents of the public body. (e) May require the design-build team to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys' fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design-build team or the employees or agents of the design-build team in the performance of the contract. (f) Must require that the design-build team to whom a contract is awarded assume overall responsibility for ensuring that the design and construction of the public work is completed in a satisfactory manner.

9. Upon award of the design-build contract, the public body shall make available to the public copies of all preliminary and final proposals received.
Nev. Rev. Stat. § 341.125 — NV Code / Title 28 / Chapter 341 / Section 341.125
Contracts with United States; receipt and expenditure of federal grants, loans and money authorized
Status: in_force

The Division is authorized to contract in the name of the State of Nevada with the United States or any of its agencies or instrumentalities, and to receive and expend by grant, loan or otherwise funds which may be made available by the United States or any of its agencies or instrumentalities.
Nev. Rev. Stat. § 342.035 — NV Code / Title 28 / Chapter 342 / Section 342.035
Duty to provide certain administrative services and written notice to persons who may be displaced
Status: in_force

A governmental body shall provide the following administrative services for persons whose dwellings or business establishments are situated on property proposed for acquisition by the governmental body:

1. Written materials and public meetings, where applicable, which will provide information on the proposed acquisition of the property and the services and benefits that will be available to the persons who will be displaced.

2. Information and assistance regarding the time and manner in which the persons may claim eligibility for such services and benefits.

3. Ninety days' written notice of the proposed displacement. This notice must contain information on the procedure for obtaining the services and benefits provided pursuant to NRS 342.015 to 342.075 , inclusive, to which a person is otherwise eligible.
Nev. Rev. Stat. § 340.050 — NV Code / Title 28 / Chapter 340 / Section 340.050
Institution of proceedings: Filing and form of petition
Status: in_force

A proceeding may be instituted under this chapter by the filing of a petition which shall be sufficient if it sets forth:

1. The name of the petitioner.

2. A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof.

3. A statement that the acquisition of such property by the petitioner is necessary for a public works project and a brief general description of the public works project.

4. A statement that the proceedings are being instituted under this chapter.

5. A suitable prayer for relief.
Nev. Rev. Stat. § 338.0116 — NV Code / Title 28 / Chapter 338 / Section 338.0116
Legislative findings and declarations
Status: in_force

The Legislature hereby finds and declares that:

1. A skilled workforce in construction is essential to the economic well-being of this State;

2. Apprenticeship programs are a proven method of training a skilled workforce in construction; and

3. Requiring the use of apprentices on the construction of public works will ensure the availability of a skilled workforce in construction in the future for this State.
Nev. Rev. Stat. § 338.072 — NV Code / Title 28 / Chapter 338 / Section 338.072
Requirement for subcontractor to hold state business license
Status: in_force

A subcontractor who enters into a subcontract for a public work shall not accept or otherwise receive any public money for the public work, including, without limitation, accepting or receiving any public money as a payment from a contractor, unless the subcontractor is the holder of a state business license issued pursuant to chapter 76 of NRS.
Nev. Rev. Stat. § 338.13864 — NV Code / Title 28 / Chapter 338 / Section 338.13864
Attestation required before State or local government may perform certain smaller public works itself
Status: in_force

1. If the State or a local government proposes to perform a public work itself in accordance with subsection 2 of NRS 338.1386 , the public officer responsible for the management of the public works of the State or the local government, as applicable, 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 State or 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 State or 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 applicable public body.
Nev. Rev. Stat. § 338.435 — NV Code / Title 28 / Chapter 338 / Section 338.435
“Retainage payment” defined
Status: in_force

“Retainage payment” means the payment of 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. § 338.1697 — NV Code / Title 28 / Chapter 338 / Section 338.1697
Authorized provision in contract with construction manager at risk for construction of public work or portion thereof for guaranteed maximum price
Status: in_force

A contract entered into pursuant to NRS 338.1696 that is for a guaranteed maximum price may include a provision that authorizes the construction manager at risk to receive all or part of any difference between the guaranteed maximum price set forth in the contract and the actual price of construction of the public work, if the actual price is less than the guaranteed maximum price.
Nev. Rev. Stat. § 338.017 — NV Code / Title 28 / Chapter 338 / Section 338.017
Temporary prohibition or disqualification of contractor from award of contract after imposition of administrative penalty or debarment by Federal Government; notification of State Contractors' Board
Status: in_force

1. If any administrative penalty is imposed pursuant to this chapter against a person for the commission of an offense, that person, and the corporate officers, if any, of that person, may not be awarded a contract for a public work: (a) For the first offense, for a period of 3 years after the date of the imposition of the administrative penalty; and (b) For the second or subsequent offense, for a period of 5 years after the date of the imposition of the administrative penalty.

2. A person, and the corporate officers, if any, of that person, who is identified in the System for Award Management Exclusions operated by the General Services Administration as being excluded from receiving contracts from the Federal Government pursuant to 48 C.F.R. §§ 9.400 et seq. as a result of being debarred may not be awarded a contract for a public work for the period of debarment of the contractor from receiving contracts from the Federal Government.

3. The Labor Commissioner, upon learning that a contractor has been excluded from receiving contracts from the Federal Government pursuant to 48 C.F.R. §§ 9.400 et seq. as a result of being debarred, shall disqualify the contractor from being awarded a contract for a public work as provided in subsection 2.

4. The Labor Commissioner shall notify the State Contractors' Board of each contractor who is prohibited or disqualified from being awarded a contract for a public work pursuant to this section.
Nev. Rev. Stat. § 341.1455 — NV Code / Title 28 / Chapter 341 / Section 341.1455
Issuance of permits to private persons by Deputy Administrator of the Public Works-Compliance and Code Enforcement Section
Status: in_force

The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section, when acting as building official pursuant to subsection 9 of NRS 341.100 , may issue to a person any permit required pursuant to a building code adopted by the Board for the planning, maintenance and construction of buildings and structures on property of the State or held in trust for any division of the State Government.
Nev. Rev. Stat. § 338.1696 — NV Code / Title 28 / Chapter 338 / Section 338.1696
Negotiation of contract for construction of public work or portion thereof with construction manager at risk; awarding of contract if public body unable to negotiate satisfactory contract with construction manager at risk; provision by construction manager at risk of information concerning public work and subcontractors
Status: in_force

1. If a public body enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS 338.1693 , after the public body has finalized the design for the public work, or any portion thereof sufficient to determine the provable cost of that portion, the public body shall enter into negotiations with the construction manager at risk for a contract to construct the public work or the portion thereof for the public body for: (a) The cost of the work, plus a fee, with a guaranteed maximum price; (b) A fixed price; or (c) A fixed price plus reimbursement for overhead and other costs and expenses related to the construction of the public work or portion thereof.

2. If the public body is unable to negotiate a satisfactory contract with the construction manager at risk to construct the public work or portion thereof, the public body shall terminate negotiations with that applicant and: (a) May award the contract for the public work: (1) If the public body is not a local government, pursuant to the provisions of NRS 338.1377 to 338.139 , inclusive. (2) If the public body is a local government, pursuant to the provisions of NRS 338.1377 to 338.139 , inclusive, or 338.143 to 338.148 , inclusive; and (b) Shall accept a bid to construct the public work from the construction manager at risk with whom the public body entered into a contract for preconstruction services.

3. Before entering into a contract with the public body to construct a public work or a portion thereof pursuant to subsection 1, the construction manager at risk shall: (a) Provide the public body with a list of the labor or portions of the work which are estimated by the construction manager at risk to exceed 1 percent of the estimated cost of the public work; and (b) Select each subcontractor who is to provide labor or a portion of the work which is estimated by the construction manager at risk to exceed 1 percent of the estimated cost of the public work in accordance with NRS 338.16991 and 338.16995 and provide the names of each selected subcontractor to the public body.

4. Except as otherwise provided in subsection 13 of NRS 338.16995 , a public body shall not interfere with the right of the construction manager at risk to select the subcontractor whom the construction manager at risk determines to have submitted the best proposal pursuant to NRS 338.16995 .
Nev. Rev. Stat. § 338.1592 — NV Code / Title 28 / Chapter 338 / Section 338.1592
Approval of request, proposal or submission: Determination of public purpose; staff reports; copy of request, proposal or submission to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; additional provisions in agreement; establishment of date for development of or commencement of construction of transportation facility
Status: in_force

1. A public body may approve a request, proposal or other submission submitted pursuant to NRS 338.1588 , 338.159 or 338.1591 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 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, proposal or other submission submitted pursuant to NRS 338.1588 , 338.159 or 338.1591 , 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 furnish a copy of a request, proposal or other submission submitted pursuant to NRS 338.1588 , 338.159 or 338.1591 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 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, proposal or other submission submitted pursuant to NRS 338.1588 , 338.159 or 338.1591 , 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, proposal or other submission for processing, review and evaluation.

5. The approval of a request, proposal or other submission by the public body is contingent on the person who submitted the request, proposal or other submission 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, if any, of termination of the authority and duties pursuant to NRS 338.158 to 338.1602 , inclusive, of the person whose request, proposal or other submission was approved by the public body with respect to the transportation facility and for the dedication of the transportation facility to the public body. (c) Provision by which the person whose request, proposal or other submission was approved by the public body expressly agrees that the person is prohibited from seeking injunctive or other equitable relief to delay, prevent or otherwise hinder the public body or any other jurisdiction from developing, constructing or maintaining any facility that was planned and that would or might impact the revenue that the person would or might derive from the facility developed under the agreement, except that the agreement may provide for reasonable compensation to the person for the adverse effect on user fee revenues resulting from the development, construction and maintenance of an unplanned revenue impacting facility. (d) A provision requiring all plans and specifications for any transportation facility constructed, operated or maintained pursuant to NRS 338.158 to 338.1602 , inclusive, to comply with state standards and any applicable federal standards. (e) A provision requiring all user fee revenues generated from the transportation facility to be used for right-of-way acquisition, planning, design, construction, reconstruction, operation, maintenance and enforcement of transportation facilities within the same county in which the user fee revenues are generated, except to the extent such user fee revenues are otherwise pledged or allocated pursuant to the financial terms of an agreement entered into pursuant to NRS 338.158 to 338.1602 , inclusive.

6. In any agreement between a public body and a person whose request, proposal or other submission for a transportation facility pursuant to NRS 338.158 to 338.1602 , inclusive, was approved by the public body, the public body may also include provisions that: (a) Except as otherwise provided in NRS 338.1597 , authorize the public body or the person to establish and collect user fees, rents, advertising and sponsorship charges, service charges or similar charges, including provisions related to traffic management strategies, if applicable. (b) Specify technology to be used in the transportation facility. (c) Establish circumstances under which the public body may receive all or a share of revenues from such charges. (d) Govern enforcement of tolls, if applicable, including provisions for use of cameras or other mechanisms to ensure that users have paid tolls that are due and provisions that allow the person access to relevant databases for enforcement purposes. (e) Except as otherwise provided in NRS 338.1597 , authorize the public body to continue or cease collection of user charges, tolls, fares or similar charges after the end of the term of the agreement. (f) Allow for payments to be made to the person, including, without limitation, availability payments or performance based payments. (g) Allow the public body to accept payments of monies and share revenues with the person. (h) Address how the person and public body will share management of the risks of the project. (i) Specify how the person and public body will share development costs. (j) Allocate financial responsibility for cost overruns. (k) Establish the damages to be assessed for nonperformance. (l) Establish performance criteria or incentives, or both. (m) Address the acquisition of rights-of-way and other property interests that may be required, including provisions that address the exercise of eminent domain as provided in NRS 338.1601 . (n) Establish recordkeeping, accounting and auditing standards to be used. (o) For a transportation facility that reverts to public ownership, address responsibility for reconstruction or renovations that are required in order for the transportation facility to meet all applicable government standards upon reversion of the facility. (p) Provide for patrolling and law enforcement on public facilities. (q) Identify any specifications that must be satisfied. (r) Require the person to provide performance and payment bonds for design and construction pursuant to chapter 339 of NRS and, if additional security is required in addition to such bonds, require the person to provide surety bonds, parent company guarantees, letters of credit or other acceptable forms of security or a combination of those. (s) Allow the public body to acquire real property that is needed for and related to the transportation facility, including acquisition by exchange for other real property that is owned by the public body. (t) Allow the public body to sell or lease naming rights with regard to any transportation facility.

7. 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. § 338.1698 — NV Code / Title 28 / Chapter 338 / Section 338.1698
Required and authorized provisions in contract for construction of public work or portion thereof awarded to construction manager at risk
Status: in_force

A contract awarded to a construction manager at risk pursuant to NRS 338.1696 :

1. Must comply with the provisions of NRS 338.020 to 338.090 , inclusive.

2. Must specify a date by which performance of the work required by the contract must be completed.

3. May set forth the terms by which the construction manager at risk agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the construction manager at risk.

4. Must require that the construction manager at risk to whom a contract is awarded assume overall responsibility for ensuring that the preconstruction or construction of the public work, as applicable, is completed in a satisfactory manner.

5. May include such additional provisions as may be agreed upon by the public body and the construction manager at risk.
Nev. Rev. Stat. § 338.13844 — NV Code / Title 28 / Chapter 338 / Section 338.13844
Amount of preferences
Status: in_force

1. For the purpose of awarding a contract for a public work of this State for which the estimated cost is $100,000 or less, as governed by NRS 338.13862 , if a local business owned and operated by a veteran with a service-connected disability submits a bid, the bid shall be deemed to be 5 percent lower than the bid actually submitted.

2. For the purpose of awarding a contract for a public work of this State for which the estimated cost is more than $100,000 but less than $250,000, if a local business owned and operated by a veteran with a service-connected disability that has been determined to be 50 percent or more by the United States Department of Veterans Affairs submits a bid and is a responsive and responsible bidder, the bid shall be deemed to be 5 percent lower than the bid actually submitted.

3. The preferences described in subsections 1 and 2 may not be combined with any other preference.
Nev. Rev. Stat. § 338.515 — NV Code / Title 28 / Chapter 338 / Section 338.515
Time for making payments; amounts paid; amounts withheld as retainage; rate of interest paid on amounts withheld; powers of Labor Commissioner when worker is owed wages
Status: in_force

1. Except as otherwise provided in NRS 338.525 , a public body and its officers or agents awarding a contract for a public work shall pay or cause to be paid to a contractor the progress payments due under the contract within 30 days after the date the public body receives the progress bill or within a shorter period if the provisions of the contract so provide. Ninety-five percent of the amount of any progress payment must be paid and 5 percent withheld as retainage until 50 percent of the work required by the contract has been performed.

2. After 50 percent of the work required by the contract has been performed, the public body may pay to the contractor: (a) Any of the remaining progress payments without withholding additional retainage; and (b) Any amount of any retainage that was withheld from progress payments pursuant to subsection 1, if, in the opinion of the public body, satisfactory progress is being made in the work.

3. After determining in accordance with subsection 2 whether satisfactory progress is being made in the work, the public body may pay to the contractor an amount of any retainage that was withheld from progress payments pursuant to subsection 1 if: (a) A subcontractor has performed a portion of the work; (b) The contractor has determined that satisfactory progress is being made in the work under the subcontract with the subcontractor pursuant to NRS 338.555 ; (c) The public body determines that the portion of the work has been completed in compliance with all applicable plans and specifications; (d) The subcontractor submits to the contractor: (1) A release of the subcontractor's claim for a mechanic's lien for the portion of the work; and (2) From each of the subcontractor's subcontractors and suppliers who performed work or provided material for the portion of the work, a release of his or her claim for a mechanic's lien for the portion of the work; and (e) The amount of the retainage which the public body pays is in proportion to the portion of the work which the subcontractor has performed.

4. If, after determining in accordance with subsection 2 whether satisfactory progress is being made in the work, the public body continues to withhold retainage from remaining progress payments: (a) If the public body does not withhold any amount pursuant to NRS 338.525 : (1) The public body 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 public body must pay to the contractor 50 percent of the amount of any retainage that was withheld from progress payments pursuant to subsection 1; or (b) If the public body withholds any amount pursuant to NRS 338.525 : (1) The public body may not withhold more than 5 percent of the amount of any progress payment; and (2) The public body may continue to retain the amount of any retainage that was withheld from progress payments pursuant to subsection 1.

5. Except as otherwise provided in NRS 338.525 , a public body shall identify in the contract and pay or cause to be paid to a contractor the actual cost of the supplies, materials and equipment that: (a) Are identified in the contract; (b) Have been delivered and stored at a location, and in the time and manner, specified in a contract by the contractor or a subcontractor or supplier for use in a public work; and (c) Are in short supply or were specially made for the public work, within 30 days after the public body receives a progress bill from the contractor for those supplies, materials or equipment.

6. A public body shall pay or cause to be paid to the contractor at the end of each quarter interest for the quarter on any amount withheld by the public body pursuant to NRS 338.400 to 338.645 , inclusive, at a rate equal to the rate quoted by at least three insured banks, credit unions, savings and loan associations or savings banks in this State as the highest rate paid on a certificate of deposit whose duration is approximately 90 days on the first day of the quarter. If the amount due to a contractor pursuant to this subsection for any quarter is less than $500, the public body may hold the interest until: (a) The end of a subsequent quarter after which the amount of interest due is $500 or more; (b) The end of the fourth consecutive quarter for which no interest has been paid to the contractor; or (c) The amount withheld under the contract is due pursuant to NRS 338.520 , whichever occurs first.

7. If the Labor Commissioner has reason to believe that a worker is owed wages by a contractor or subcontractor, the Labor Commissioner may require the public body to withhold from any payment due the contractor under this section and pay the Labor Commissioner instead, an amount equal to the amount the Labor Commissioner believes the contractor owes to the worker. This amount must be paid by the Labor Commissioner to the worker if the matter is resolved in the worker's favor; otherwise it must be returned to the public body for payment to the contractor.
Nev. Rev. Stat. § 341.080 — NV Code / Title 28 / Chapter 341 / Section 341.080
Record of official actions
Status: in_force

The Board shall keep a record of its official actions.