reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.460 - Period for accrual of interest on retainage.

Interest that is required to be paid on the retainage accrues from the date the retainage is withheld until the date the retainage is paid to the person from whom the retainage was withheld.
(Added to NRS by 1999, 1984)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 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.

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.
(Added to NRS by 1999, 1990; A 2011, 3703)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.490 - Limitations on requiring release or waiver of right to receive progress payment or retainage payment.

Any release or waiver required to be provided by a contractor, subcontractor or supplier to receive a progress payment or retainage payment must be:
1. Conditional for the purpose of receiving payment and shall be deemed to become unconditional upon the receipt of the money due to the contractor, subcontractor or supplier; and
2. Limited to claims related to the invoiced amount of the labor, materials, equipment or supplies that are the subject of the progress bill or retainage bill.
(Added to NRS by 1999, 1989)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.520 - Payment of outstanding balance upon occupancy, use or recording of notice of completion.

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.
(Added to NRS by 1999, 1984)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.525 - Withholding amounts for failure of contractor to comply with contract or applicable building code, law or regulation; payment of amounts withheld upon confirmation of correction of condition.

1. Except as otherwise provided in NRS 338.515, a public body may, but is not required to, withhold from a progress payment or retainage payment an amount sufficient to pay the expenses the public body reasonably expects to incur as a result of the failure of the contractor to comply with the contract or applicable building code, law or regulation.
2. A public body shall, within 20 days after it receives a progress bill or retainage bill from a contractor, give a written notice to the contractor of any amount that will be withheld pursuant to this section. The written notice must set forth:
(a) The amount of the progress payment or retainage payment that will be withheld from the contractor; and
(b) A detailed explanation of the reason the public body will withhold that amount, including, without limitation, a specific reference to the provision or section of the contract, or any documents related thereto, or the applicable building code, law or regulation with which the contractor has failed to comply.
The written notice must be signed by an authorized agent of the public body.
3. If the public body receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of the contractor, the public body shall, after confirming that the condition has been corrected, pay the amount withheld by the public body within 30 days after the public body receives the next progress bill or retainage bill.
(Added to NRS by 1999, 1984; A 2005, 1814; 2013, 3807; 2015, 2628)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.530 - Payment of interest on amounts withheld improperly.

1. If a public body receives:
(a) A progress bill or retainage bill, fails to give a contractor a written notice of any withholding in the manner set forth in subsection 2 of NRS 338.525, and does not pay the contractor within 30 days after receiving the progress bill or retainage bill; or
(b) A contractor’s written notice of the correction of a condition set forth pursuant to subsection 2 of NRS 338.525 as the reason for the withholding, signed by an authorized agent of the contractor, and fails to:
(1) Pay the amount of the progress payment or retainage payment that was withheld from the contractor within 30 days after the public body receives the next progress bill or retainage bill; or
(2) Object to the scope and manner of the correction, within 30 days after the public body receives the notice of correction, in a written statement that sets forth the reason for the objection and is signed by an authorized agent of the public body,
the public body shall pay to the contractor, in addition to the entire amount of the progress bill or retainage bill or any unpaid portion thereof, interest from the 30th day on the amount delayed, at a rate equal to the amount provided for in subsection 6 of NRS 338.515, until payment is made to the contractor.
2. If the public body objects pursuant to subparagraph (2) of paragraph (b) of subsection 1, it shall pay to the contractor an amount equal to the value of the corrections to which the public body does not object.
(Added to NRS by 1999, 1985; A 2011, 1621; 2015, 2628)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.535 - Public body to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.

Within 5 working days after a public body receives a written request from a subcontractor or supplier of the contractor with respect to a contract which has not been fully performed, the public body shall notify the subcontractor or supplier in writing of the following:
1. The date the public body made a specified progress payment or retainage payment to a contractor;
2. Whether the public body has paid the entire amount of a specified progress payment or retainage payment to the contractor; and
3. The amount withheld by the public body from a specified progress payment or retainage payment to the contractor, if any.
(Added to NRS by 1999, 1985)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.550 - Time for making payments; amounts paid.

Except as otherwise provided in NRS 338.555, 338.560 and 338.565:
1. Each contractor shall disburse money paid to the contractor pursuant to this chapter, including any interest which the contractor receives, to his or her subcontractors and suppliers within 10 days after the contractor receives the money, in direct proportion to the subcontractors’ and suppliers’ basis in the progress bill or retainage bill and any accrued interest thereon.
2. A contractor shall make payments to his or her subcontractor or supplier in an amount equal to that subcontractor’s or supplier’s basis in the payments paid by the public body to the contractor for the supplies, material and equipment identified in the contract between the contractor and the public body, or between the subcontractor or supplier and the contractor, within 10 days after the contractor has received a progress payment or retainage payment from the public body for those supplies, materials and equipment.
(Added to NRS by 1987, 559; A 1999, 1993)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.555 - Amounts withheld as retainage; payment of interest.

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.
(Added to NRS by 1973, 1160; A 1981, 553; 1983, 1592; 1999, 1994; 2011, 1622; 2015, 2628)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 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.

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.
(Added to NRS by 1999, 1985; A 2003, 2448; 2011, 1622; 2013, 3808; 2015, 2628)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.565 - Payment of interest on amounts withheld improperly.

1. If a contractor makes payment to a subcontractor or supplier more than 10 days after the occurrence of any of the following acts or omissions:
(a) The contractor fails to pay his or her subcontractor or supplier in accordance with the provisions of subsection 1 of NRS 338.550;
(b) The contractor fails to give his or her subcontractor or supplier the written notice of any withholding as required by subsections 2 and 3 of NRS 338.560; or
(c) The contractor receives a subcontractor’s or supplier’s written notice of correction of the condition set forth pursuant to subsection 4 of NRS 338.560 as the reason for the withholding, signed by an authorized agent of the subcontractor or supplier, and fails to:
(1) Pay the amount of the progress payment or retainage payment that was withheld from his or her subcontractor or supplier within 10 days after the contractor receives the next progress bill or retainage bill; or
(2) Object to the scope and manner of the correction, within 10 days after receiving the written notice of correction, in a written statement that sets forth the reason for the objection and is signed by an authorized agent of the subcontractor, statement that sets forth the reason for the objection and is accompanied by a notarized affidavit signed by the contractor,
the contractor shall pay to the subcontractor or supplier, in addition to the entire amount of the progress bill or the retainage bill or any unpaid portion thereof, interest from the 10th day on the amount delayed, at a rate equal to the lowest daily prime rate at the three largest banks or other financial institutions of the United States on the date the contract was executed plus 2 percent, until payment is made to the subcontractor or supplier.
2. If the contractor objects pursuant to subparagraph (2) of paragraph (c) of subsection 1, the contractor shall pay to the subcontractor or supplier an amount that is equal to the value of the corrections to which the contractor does not object.
(Added to NRS by 1999, 1986)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.570 - Contractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.

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.
(Added to NRS by 1999, 1987)
2023 Nevada Revised Statutes › Chapter 338 - Public Works › NRS 338.590 - Time for making payments; amounts paid.

Except as otherwise provided in NRS 338.595, 338.600 and 338.605:
1. Each subcontractor shall disburse money paid to him or her pursuant to this chapter, including any interest which the subcontractor receives, to his or her subcontractors and suppliers within 10 days after the subcontractor receives the money, in direct proportion to the subcontractors’ and suppliers’ basis in the progress bill or retainage bill and any accrued interest thereon.
2. A subcontractor shall make payments to his or her subcontractor or supplier in an amount equal to that subcontractor’s or supplier’s basis in the payments paid by the contractor to him or her for the supplies, materials and equipment identified in the contract between the contractor and the public body, or in the subcontract between the subcontractor or supplier and the contractor, within 10 days after the subcontractor has received a progress payment or retainage payment from the contractor for those supplies, materials and equipment.
(Added to NRS by 1999, 1987)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.030 - Definitions.

The following terms whenever used or referred to in this chapter shall have the following respective meanings, unless a different meaning clearly appears from the context:
1. "Authorized corporation" means any corporation or association engaged or about to engage in any public works project, as herein defined, for a public use; but the construction of the public works project and its conduct thereafter by the corporation or association shall be subject to regulation or supervision by a federal agency, as herein defined, or a state public body, as herein defined, whether by virtue of an agreement, provision of law or otherwise.
2. "Court" means the court in which jurisdiction over proceedings hereunder is vested by the provisions of NRS 340.040.
3. "Federal agency" means the United States of America, or any agency or instrumentality, corporate or otherwise, of the United States of America.
4. "Petitioner" means the one by whom proceedings for the acquisition of real property, as herein defined, are instituted hereunder pursuant to the provisions of NRS 340.040.
5. "Public works project" means any work or undertaking which is financed in whole or in part by a federal agency, as herein defined, or by a state public body, as herein defined.
6. "Real property" or "property" or "lands" includes all lands, including improvements and fixtures thereon, lands under water, all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and all rights, interests, privileges, easements, encumbrances, and franchises relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise.
7. "State public body" means this State or any county, city, town, municipal corporation, authority, or any other subdivision, agency or instrumentality, corporate or otherwise, thereof.
[3:135:1935; 1931 NCL § 6179.23]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.040 - Institution of proceedings: Authority; jurisdiction of court; entry upon land by petitioner.

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.
[4:135:1935; 1931 NCL § 6179.24]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.050 - Institution of proceedings: Filing and form of petition.

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.
[5:135:1935; 1931 NCL § 6179.25]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.060 - Inclusion of several parcels.

Any number of parcels of land, whether owned by the same or different persons and whether contiguous or not, may be included and condemned in one proceeding if such parcels are to be used for a single public works project.
[6:135:1935; 1931 NCL § 6179.26]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.080 - Waiver of right to file objections; determination by court of issues raised by objections filed; appointment of guardian ad litem for legally incompetent persons.

1. All persons who have not filed written objections with the court prior to the time of the hearing specified in the notice prescribed by NRS 340.070, shall be deemed to have waived the right to file objections as to the sufficiency and validity of the petition, the proceedings and the relief sought thereby, and as to the right of the petitioner to take title and possession prior to final judgment, as authorized by NRS 340.160.
2. The court, at the time specified in the notice, after hearing and determining all issues of fact and law raised by the objections which have been filed, if any there be, shall enter a final judgment with respect to such issues, and thereafter there shall remain for determination only the amount of the compensation to be paid and the persons entitled thereto.
3. If any infant or other person under a legal disability shall not have appeared in the proceedings by his or her duly authorized legal representative, the court shall appoint a guardian ad litem to represent such person’s interest in the proceedings before the special master.
[8:135:1935; 1931 NCL § 6179.28]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.090 - Special master: Appointment; duties; qualifications; compensation; oath.

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.
[9:135:1935; 1931 NCL § 6179.29]