2010 Nevada Code
TITLE 54 PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter 624 Contractors
NRS 624.622 Requirements concerning notices; prohibited provisions; exemptions; requests for information.

NRS 624.622 Requirements concerning notices; prohibited provisions; exemptions; requests for information.

1. A prime contractor shall provide a copy of any notice given to an owner pursuant to subsection 1 or 2 of NRS 624.610 to each lower-tiered subcontractor with whom the prime contractor has entered into an agreement. Upon receipt of payment pursuant to NRS 624.609, the prime contractor shall notify all such lower-tiered subcontractors in writing of receipt of payment.

2. A condition, stipulation or provision in an agreement which:

(a) Requires a prime contractor to waive any rights provided in this section, NRS 624.609, 624.610, 624.620 or 624.630, or which limits those rights;

(b) Relieves an owner of any obligation or liability imposed pursuant to NRS 624.606 to 624.630, inclusive; or

(c) Requires a prime contractor to waive, release or extinguish a claim or right for damages or an extension of time that the prime contractor may otherwise possess or acquire as a result of delay, acceleration, disruption or an impact event that is unreasonable under the circumstances, that was not within the contemplation of the parties at the time the agreement was entered into, or for which the prime contractor is not responsible,

is against public policy and is void and unenforceable.

3. All notices required pursuant to NRS 624.609 to 624.622, inclusive, must be:

(a) Delivered personally, in which case the prime contractor shall obtain a notarized statement from the person who delivered the notice as proof of delivery;

(b) Sent by facsimile and delivered by regular mail, in which case the prime contractor shall retain proof of a successful transmission of the facsimile;

(c) Delivered by certified mail; or

(d) Delivered in the manner provided for in the agreement.

4. NRS 624.609 to 624.622, inclusive, do not apply to an agreement between:

(a) A prime contractor and a natural person who owns a single-family residence for the performance of qualified services with respect to the residence; or

(b) A public body and a prime contractor for the performance of work and labor on a public work.

5. Within 5 days after an owner receives a written request for the information set forth in paragraphs (a), (b) and (c) from a lower-tiered subcontractor, the owner shall notify the lower-tiered subcontractor in writing of the following:

(a) The date the owner made a specified payment to the prime contractor;

(b) Whether the owner has paid the entire amount of a specified payment to the prime contractor; and

(c) The amount withheld by the owner from a specified payment to the prime contractor and the condition or reason for the withholding.

(Added to NRS by 2001, 1620; A 2005, 1727)

Agreements Between Higher-Tiered Contractor and Lower-Tiered Subcontractor