reglab/housing_qa huggingface dataset:
NV Rev Stat § 338.595 (2021)
2021 Nevada Revised Statutes|Chapter 338 - Public Works|NRS 338.595 - Amounts withheld as retainage; payment of interest.

  1. If a subcontractor and another subcontractor or supplier enter into a subcontract for a public work, the subcontractor may withhold as retainage not more than 5 percent from the amount of any progress payment due under a subcontract which is made before 50 percent of the work has been completed under the subcontract.  2. After 50 percent of the work required by the subcontractor or supplier has been performed, the subcontractor shall pay any additional progress payments due under the subcontract without withholding any additional retainage if, in the opinion of the subcontractor, satisfactory progress is being made in the work under the subcontract. The payment must be equal to that paid by the contractor to the subcontractor for the work performed or supplies provided by his or her subcontractor or supplier. If the subcontractor continues to withhold retainage from remaining progress payments:  (a) If the subcontractor does not withhold any amount pursuant to NRS 338.600:  (1) The subcontractor may not withhold more than 2.5 percent of the amount of any progress payment; and  (2) Before withholding any amount pursuant to subparagraph (1), the subcontractor must pay to the subcontractor or supplier 50 percent of the amount of any retainage that was withheld from progress payments pursuant to subsection 1; or  (b) If the subcontractor withholds any amount pursuant to NRS 338.600:  (1) The subcontractor may not withhold more than 5 percent of the amount of any progress payment; and  (2) The subcontractor may continue to retain the amount of any retainage that was withheld from progress payments pursuant to subsection 1.  3. If the subcontractor receives a payment of interest earned on the retainage or an amount withheld from a progress payment, the subcontractor shall, within 10 days after receiving the money, pay to each of his or her subcontractors or suppliers that portion of the interest received from the contractor which is attributable to the retainage or amount withheld from a progress payment by the subcontractor to his or her subcontractor or supplier.  4. If, pursuant to subsection 4 of NRS 338.555, the contractor pays to the subcontractor the portion of any retainage withheld by the contractor pursuant to NRS 338.555 for the portion of the work which has been performed by the subcontractor, the subcontractor must pay to the subcontractor’s subcontractors and suppliers the portion of any retainage withheld by the subcontractor pursuant to this section for the portion of the work.  (Added to NRS by 1999, 1987; A 2003, 2449; 2011, 1623; 2015, 2628)
NV Rev Stat § 338.600 (2021)
2021 Nevada Revised Statutes|Chapter 338 - Public Works|NRS 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.

  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.  (Added to NRS by 1999, 1988; A 2003, 2449; 2013, 3808; 2015, 2628)
NV Rev Stat § 338.605 (2021)
2021 Nevada Revised Statutes|Chapter 338 - Public Works|NRS 338.605 - Payment of interest on amounts withheld improperly.

  1. If a subcontractor makes payment to his or her subcontractor or supplier more than 10 days after the occurrence of any of the following acts or omissions:  (a) The subcontractor fails to pay his or her subcontractor or supplier in accordance with the provisions of subsection 1 of NRS 338.590;  (b) The subcontractor fails to give his or her subcontractor or supplier the written notice of any withholding as required by subsections 2 and 3 of NRS 338.600; or  (c) The subcontractor receives a written notice of the correction of a condition set forth pursuant to subsection 4 of NRS 338.600 as the reason for the withholding from his or her subcontractor or supplier, signed by an authorized agent of the subcontractor or supplier, and fails to:  (1) Pay the amount of the progress payment or retainage payment that was withheld from his or her subcontractor or supplier within 10 days after the subcontractor receives the subcontractor’s or supplier’s next progress bill or retainage bill; or  (2) Object to the scope and manner of the correction, within 10 days after receiving the written notice of correction, in a written statement that sets forth the reason for the objection, signed by an authorized agent of the subcontractor,  the subcontractor shall pay to his or her subcontractor or supplier, in addition to the entire amount of the progress bill or the retainage bill or any unpaid portion thereof, interest from the 10th day on the amount delayed, at a rate equal to the lowest daily prime rate at the three largest banks or other financial institutions of the United States on the date the contract was executed plus 2 percent, until payment is made to his or her subcontractor or supplier.  2. If the subcontractor objects pursuant to subparagraph (2) of paragraph (c) of subsection 1, the subcontractor shall pay to his or her subcontractor or supplier an amount that is equal to the value of the corrections to which the subcontractor does not object.  (Added to NRS by 1999, 1988)
NV Rev Stat § 338.610 (2021)
2021 Nevada Revised Statutes|Chapter 338 - Public Works|NRS 338.610 - Subcontractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.

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.  (Added to NRS by 1999, 1989)
NV Rev Stat § 338.630 (2021)
2021 Nevada Revised Statutes|Chapter 338 - Public Works|NRS 338.630 - Action by contractor for alternate writ of mandamus to compel performance by public body.

  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.  (Added to NRS by 1999, 1989)
NV Rev Stat § 338.635 (2021)
2021 Nevada Revised Statutes|Chapter 338 - Public Works|NRS 338.635 - Action by subcontractor or supplier to remedy unjustified or excessive withholding.

  1. A subcontractor or supplier who believes that the amount withheld by the contractor or subcontractor is not justified or is excessive may apply to the district court of the county where the public work or a part thereof is located for an order directing the contractor or subcontractor to appear before the court to show cause why the relief requested should not be granted.  2. The motion must:  (a) Set forth the grounds upon which relief is requested; and  (b) Be accompanied by a notarized affidavit signed by the petitioner or his or her attorney that sets forth the facts upon which the motion is based.  3. If the court orders a hearing based upon the motion, the petitioner shall serve the notice of the motion and the order of the court on the respondent within 3 days after the court issues the order. The court shall conduct the hearing not less than 10 days and not more than 20 days after the court issues the order for a hearing.  4. The order for a hearing must include a statement that, if the respondent fails to appear at the time and place of the hearing, the court will order the respondent to pay to the petitioner:  (a) The entire amount that was withheld by the respondent, or a portion thereof;  (b) Interest on the amount that was withheld by the respondent, or a portion thereof;  (c) The costs incurred by the petitioner, including, without limitation, his or her attorney’s fees; or  (d) Any combination of paragraphs (a), (b) and (c).  5. If, when the motion is filed, there is a civil action pending between the petitioner and the respondent, the motion must be consolidated into the civil action.  6. If the court determines that:  (a) The amount withheld is not justified, the court shall order the respondent to pay to the petitioner the amount that was withheld.  (b) The amount withheld is excessive, the court shall order the respondent to pay to the petitioner an amount determined by the court.  (c) The amount withheld is justified, the court shall issue an order approving the amount that was withheld by the respondent.  7. The proceedings conducted pursuant to the provisions of this section do not affect any other rights or remedies provided by law or contract.  (Added to NRS by 1999, 1990)
NV Rev Stat § 338.640 (2021)
2021 Nevada Revised Statutes|Chapter 338 - Public Works|NRS 338.640 - Award of reasonable costs and attorney’s fees to prevailing party.

  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.  (Added to NRS by 1999, 1991)
NV Rev Stat § 338.645 (2021)
2021 Nevada Revised Statutes|Chapter 338 - Public Works|NRS 338.645 - Other rights and remedies not affected.

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.  (Added to NRS by 1999, 1991)
NV Rev Stat § 339.015 (2021)
2021 Nevada Revised Statutes|Chapter 339 - Contractors’ Bonds on Public Works|NRS 339.015 - Definitions.

As used in this chapter:  1. "Claimant" includes a natural person, firm, partnership, association or corporation.  2. "Contracting body" means the State, county, city, town, school district, or any public agency of the State or its political subdivisions which has authority to contract for the construction, alteration or repair of any public building or other public work or public improvement.  (Added to NRS by 1963, 164; A 1983, 1361)
NV Rev Stat § 339.025 (2021)
2021 Nevada Revised Statutes|Chapter 339 - Contractors’ Bonds on Public Works|NRS 339.025 - Performance and payment bonds: Amount; conditions; filing with contracting body.

  1. Before any contract, except one subject to the provisions of chapter 408 of NRS, exceeding $100,000 for any project for the new construction, repair or reconstruction of any public building or other public work or public improvement of any contracting body is awarded to any contractor, the contractor shall furnish to the contracting body the following bonds which become binding upon the award of the contract to the contractor:  (a) A performance bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. The bond must be solely for the protection of the contracting body which awarded the contract.  (b) A payment bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount. The bond must be solely for the protection of claimants supplying labor or materials to the contractor to whom the contract was awarded, or to any of his or her subcontractors, in the prosecution of the work provided for in such contract.  2. If a general contractor has been awarded a contract, except one subject to the provisions of chapter 408 of NRS, by the State Public Works Division of the Department of Administration for any project for new construction, repair or reconstruction of any public building or other public work or public improvement, each of the subcontractors of the general contractor who will perform work on the contract that exceeds $50,000 or 1 percent of the proposed project, whichever amount is greater, shall furnish a bond to the Division in an amount to be fixed by the Division.  3. Each of the bonds required pursuant to this section must be executed by one or more surety companies authorized to do business in the State of Nevada. If the contracting body is the State of Nevada or any officer, employee, board, bureau, commission, department, agency or institution thereof, the bonds must be payable to the State of Nevada. If the contracting body is other than one of those enumerated in this subsection, the bonds must be payable to the other contracting body.  4. Each of the bonds must be filed in the office of the contracting body which awarded the contract for which the bonds were given.  5. This section does not prohibit a contracting body from requiring bonds.  (Added to NRS by 1963, 164; A 1981, 940; 1985, 359; 1997, 2994, 3165; 1999, 629; 2005, 1814)
NV Rev Stat § 339.035 (2021)
2021 Nevada Revised Statutes|Chapter 339 - Contractors’ Bonds on Public Works|NRS 339.035 - Actions on payment bonds by claimants.

  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.  (Added to NRS by 1963, 165; A 1969, 95)
NV Rev Stat § 339.045 (2021)
2021 Nevada Revised Statutes|Chapter 339 - Contractors’ Bonds on Public Works|NRS 339.045 - Certified copies of payment bonds and contracts to be furnished applicant by contracting body; fee; copies as prima facie evidence.

  1. The contracting body shall furnish a certified copy of any payment bond and the contract for which such bond was given to any person who makes an application for such copy and who submits an affidavit stating that the person:  (a) Has supplied labor or material for the completion of the work provided for in the contract, and that the person has not been fully paid for such labor or material;  (b) Is the defendant in an action brought on a payment bond; or  (c) Is surety in a payment bond on which an action has been brought.  2. Every such applicant shall pay for each certified copy a fee fixed by the contracting body to cover the actual cost of the preparation of such copy.  3. A certified copy of any payment bond and of the contract for which such bond was given shall constitute prima facie evidence of the contents, execution and delivery of the original of such bond and contract.  (Added to NRS by 1963, 165)
NV Rev Stat § 339.055 (2021)
2021 Nevada Revised Statutes|Chapter 339 - Contractors’ Bonds on Public Works|NRS 339.055 - Actions on payment bonds: Venue; limitation of actions.

  1. Every action on a payment bond as provided in NRS 339.035 shall be brought in the appropriate court of the political subdivision where the contract for which the bond was given was to be performed.  2. No such action may be commenced after the expiration of 1 year from the date on which the claimant performed the last of the labor or furnished the last of the materials for the payment of which such action is brought.  (Added to NRS by 1963, 166)
NV Rev Stat § 339.065 (2021)
2021 Nevada Revised Statutes|Chapter 339 - Contractors’ Bonds on Public Works|NRS 339.065 - Requirement that bonds be furnished by particular surety company or through particular agent or broker unlawful; penalty.

  1. It is unlawful for any representative of a contracting body, in issuing an invitation for bids, to require that any bond specified in NRS 339.025 be furnished by a particular surety company or through a particular agent or broker.  2. Any person who violates the provisions of this section is guilty of a misdemeanor.  (Added to NRS by 1963, 166)
NV Rev Stat § 340.010 (2021)
2021 Nevada Revised Statutes|Chapter 340 - Eminent Domain: Expeditious Procedure|NRS 340.010 - Short title.

This chapter may be referred to as the Public Works Eminent Domain Law.  [1:135:1935; 1931 NCL § 6179.21]
NV Rev Stat § 340.020 (2021)
2021 Nevada Revised Statutes|Chapter 340 - Eminent Domain: Expeditious Procedure|NRS 340.020 - Finding and declaration of necessity.

  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.  [2:135:1935; 1931 NCL § 6179.22]