There is a newer version of the Nevada Revised Statutes
2014 Nevada Revised Statutes
Chapter 338 - Public Works
GENERAL PROVISIONS- NRS 338.010 - Definitions. [Effective through June 30, 2017.]
- NRS 338.011 - Applicability: Contracts related to normal operation and normal maintenance; contracts related to emergency.
- NRS 338.0115 - Inapplicability of this chapter and
- NRS 338.0117 - Qualification to receive preference in bidding: Submission of affidavit to public body certifying compliance with requirements; provisions required to be included in contract; written objections for failure to comply with requirements; penalty; annual report to Legislative Commission by public body concerning such contracts. [Effective through June 30, 2017.]
- NRS 338.0118 - Adoption by local government of policies providing for use of certain recycled materials in public road and highway projects; use of such materials; exception.
- NRS 338.012 - Regulations of Labor Commissioner.
General Provisions
- NRS 338.013 - Inclusion of identifying number from Labor Commissioner in advertisement or solicitation; reports by public bodies and contractors to Labor Commissioner.
- NRS 338.015 - Enforcement by Labor Commissioner and Attorney General.
- NRS 338.016 - Civil action to recover damages resulting from commission of offense.
- NRS 338.017 - Temporary disqualification of contractor after imposition of administrative penalty; notification of State Contractors Board.
- NRS 338.018 - Applicability to certain contracts for construction work of Nevada System of Higher Education. [Effective through June 30, 2017.]
- NRS 338.020 - Hourly and daily rate of wages must not be less than prevailing wage in county; rate must be included in contract and posted on-site; payment of overtime; wages paid in accordance with jurisdictional classes recognized in locality.
- NRS 338.030 - Procedure for determination of prevailing wage in county.
- NRS 338.035 - Discharge of part of obligation of contractor or subcontractor engaged on public work to pay wages by making certain contributions in name of worker.
- NRS 338.040 - Workers deemed to be employed on public works.
- NRS 338.050 - Contractual relationships: Applicability of
- NRS 338.060 - Forfeitures when workers paid less than designated rates or willfully reported in inaccurate or incomplete manner or not reported to public body; forfeiture clause in contracts; regulation establishing sliding scale for penalties; recovery of investigative costs and attorney s fees; waiver or reduction of penalty.
- NRS 338.070 - Investigations of violations by public bodies; withholding of certain sums by public bodies and contractors; maintenance and inspection of records regarding employees; penalty for noncompliance.
- NRS 338.072 - Requirement for subcontractor to hold state business license.
- NRS 338.075 - Applicability to certain contracts for construction work of Nevada System of Higher Education. [Effective through June 30, 2017.]
- NRS 338.080 - Exemptions.
- NRS 338.090 - Penalties.
- NRS 338.125 - Fair employment practices: Contents of contracts concerning public works; breach of contract.
- NRS 338.130 - Preferential employment in construction of public works.
- NRS 338.135 - Rental or lease of trucks or truck and trailer combinations by contractors or subcontractors: Hourly rate for vehicle and services of driver.
Limitations on General Applicability of ProvisionsQualification of Bidders; Qualification of Subcontractors on State Public Works
- NRS 338.1375 - State public works: Acceptance of bids from qualified bidders only; adoption and use of criteria for qualification of bidders.
- NRS 338.1376 - State public works: Qualification of subcontractors; disqualification; appeal.
- NRS 338.1377 - Local government public works: Adoption of criteria for qualification of bidders.
- NRS 338.1378 - Local government public works: Advertisement required before acceptance of applications for qualification of bidders.
- NRS 338.1379 - State and local government public works: Submission of application to qualify as bidder; investigation of applicant; determination; notice; period of qualification; use of criteria; confidentiality of certain financial information concerning applicant; denial or revocation of qualification in certain circumstances.
- NRS 338.1381 - State and local government public works: Procedure upon appeal of denial of application to qualify as bidder or disqualification of subcontractor. [Effective through June 30, 2017.]
- NRS 338.1382 - Local government public works: Alternative procedure for qualification of bidders.
- NRS 338.1384 - Definitions.
- NRS 338.13841 - Business owned by a veteran with a service-connected disability defined.
- NRS 338.13842 - Local business defined.
- NRS 338.13843 - Veteran with a service-connected disability defined.
- NRS 338.13844 - Amount of preference.
- NRS 338.13845 - Fraudulent acts.
- NRS 338.13846 - Duty of State Public Works Division to report to Legislature.
- NRS 338.13847 - Regulations.
- NRS 338.1385 - Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before public body may commence public work itself; exemptions. [Effective through June 30, 2017.]
- NRS 338.1386 - State or local government to award contract for smaller public work to contractor or perform public work itself.
- NRS 338.13862 - Requirements for awarding contract for smaller public work to contractor.
- NRS 338.13864 - Attestation required before State or local government may perform certain smaller public works itself.
- NRS 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.
- NRS 338.13895 - Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor before contract is awarded; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work.
- NRS 338.139 - Awarding of contract to specialty contractor: Conditions.
General Provisions
- NRS 338.140 - Requirements and limitations relating to drafting of specifications for bids; documents generated by bidder in preparation or determination of prices included in bid.
- NRS 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.
- NRS 338.1415 - Local government prohibited from accepting bid on contract for public work submitted by contractor who materially breached certain contracts for public works.
- NRS 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.
- NRS 338.1425 - Prohibition against public body entering into contract with design professional who is not member of design-build team for services on public work until certain period after public body transmits certain information to licensing board of design professional; posting of such information by licensing board.
- NRS 338.1427 - Duty of State Public Works Division to report to Office of Economic Development concerning local emerging small businesses. [Effective January 1, 2014.]
- NRS 338.143 - Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public inspection; award of contract to lowest responsive and responsible bidder; rejection of bids; authority to award contract without competitive bidding if no bids received in response to advertisement for bids in certain circumstances; requirements before local government may commence public work itself; exemptions. [Effective through June 30, 2017.]
- NRS 338.1435 - Constructability review required before advertising for bids.
- NRS 338.1442 - Local government to award contract for smaller public work to contractor or perform public work itself.
- NRS 338.1444 - Requirements for awarding contract for smaller public work to contractor.
- NRS 338.1446 - Attestation required before local government may perform certain smaller public works itself.
- NRS 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.
- NRS 338.1475 - Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor before contract is awarded; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work.
- NRS 338.148 - Awarding of contract to specialty contractor: Conditions.
- NRS 338.150 - Provisions requiring use of method of alternate dispute resolution before initiation of judicial action; exception.
- NRS 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.
- NRS 338.155 - Provisions relating to design professional who is not member of design-build team.
- NRS 338.161 - Transportation facility defined.
- NRS 338.162 - Alternative methods of authorization.
- NRS 338.163 - Submission of request to public body; contents of request.
- NRS 338.164 - Request for submission of proposals by public body.
- NRS 338.166 - Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; establishment of date for development of or commencement of construction of transportation facility.
- NRS 338.167 - Contract for transportation services.
- NRS 338.168 - Federal, state or local assistance.
- NRS 338.1685 - Declaration of legislative intent. [Effective through June 30, 2017.]
- NRS 338.169 - Public body authorized to construct public work by selecting and entering into contracts with construction manager at risk; limitations. [Effective through June 30, 2017.]
- NRS 338.1691 - Qualifications for construction manager at risk. [Effective through June 30, 2017.]
- NRS 338.1692 - Advertising for proposals for construction manager at risk; contents of request for proposals; requirements for proposals. [Effective through June 30, 2017.]
- NRS 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. [Effective through June 30, 2017.]
- NRS 338.16935 - Contract between construction manager at risk and subcontractor for certain preconstruction services. [Effective through June 30, 2017.]
- NRS 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. [Effective through June 30, 2017.]
- NRS 338.1697 - Authorized provision in contract with construction manager at risk for construction of public work or portion thereof for guaranteed maximum price. [Effective through June 30, 2017.]
- NRS 338.1698 - Required and authorized provisions in contract for construction of public work or portion thereof awarded to construction manager at risk. [Effective through June 30, 2017.]
- NRS 338.16985 - Duties and powers of construction manager at risk who enters into contract for construction of public work or portion thereof. [Effective through June 30, 2017.]
- NRS 338.16991 - Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Eligibility; procedure for determination of qualification of subcontractor to submit proposal. [Effective through June 30, 2017.]
- NRS 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. [Effective through June 30, 2017.]
General Provisions
- NRS 338.1711 - Contracts for which public body is required or authorized to enter into with prime contractor or design-build team. [Effective through June 30, 2017.]
- NRS 338.1715 - Procedure for selecting design-build team.
- NRS 338.1717 - Employment of architect, general contractor, construction manager as agent, landscape architect or engineer as consultant.
- NRS 338.1718 - Contract with construction manager as agent.
- NRS 338.1721 - Qualifications of design-build team.
- NRS 338.1723 - Advertisement for preliminary proposals.
- NRS 338.1725 - Selection of finalists based on preliminary proposals; minimum number of proposals required; availability to public of certain information.
- NRS 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.
- NRS 338.175 - Substantially incomplete or rejected plans submitted by registered architect, interior designer, residential designer or landscape architect.
- NRS 338.176 - Substantially incomplete or rejected plans submitted by licensed professional engineer or land surveyor.
General Provisions
- NRS 338.177 - Lease of property acquired by local government for public work pending completion of public work.
- NRS 338.180 - Accommodation of persons with physical handicap or disability; verification of conformity with requirements; enforcement.
- NRS 338.185 - Public body to reimburse contractor for certain costs of locating underground facility of public utility.
- NRS 338.1905 - Retrofitting of state buildings for energy efficiency: Appointment of energy retrofit coordinators and person to assist coordinators.
- NRS 338.1906 - Retrofitting of state buildings for energy efficiency: Duties of energy retrofit coordinators and State Board of Examiners; procedures for requesting and approving proposals; limitation on money committed beyond biennium; restrictions on approval of change orders to executed contracts; projects exempt from certain procedural requirements.
- NRS 338.1907 - Retrofitting of local governmental buildings for energy efficiency: Duties of energy retrofit coordinators and local governments; procedures for requesting and approving proposals; restrictions on approval of change orders to executed contracts; projects exempt from certain procedural requirements.
- NRS 338.1908 - Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy. [Effective through June 30, 2017.]
- NRS 338.193 - Standards for plumbing fixtures.
- NRS 338.195 - Survey for presence of asbestos required before renovation or demolition of public building.
- NRS 338.200 - Prohibition against naming public building or structure after member of governing body.
General Provisions
- NRS 338.400 - Definitions.
- NRS 338.415 - Progress bill defined.
- NRS 338.420 - Progress payment defined.
- NRS 338.425 - Retainage defined.
- NRS 338.430 - Retainage bill defined.
- NRS 338.435 - Retainage payment defined.
- NRS 338.455 - Methods to be used for providing notice.
- NRS 338.460 - Dates to be used for calculating accrual of interest on retainage.
- NRS 338.480 - Provisions inapplicable to certain contracts made by Department of Transportation.
- NRS 338.485 - Waiver or modification of right, obligation or liability set forth in
- NRS 338.490 - Limitations on requiring release or waiver of right to receive progress payment or retainage payment.
- NRS 338.510 - Submittal of progress bills.
- NRS 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. [Effective through June 30, 2015.]
- NRS 338.520 - Payment of outstanding balance upon occupancy, use or recording of notice of completion.
- 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. [Effective through June 30, 2015.]
- NRS 338.530 - Payment of interest on amounts withheld improperly. [Effective through June 30, 2015.]
- NRS 338.535 - Public body to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.
- NRS 338.550 - Time for making payments; amounts paid.
- NRS 338.555 - Amounts withheld as retainage; payment of interest. [Effective through June 30, 2015.]
- 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. [Effective through June 30, 2015.]
- NRS 338.565 - Payment of interest on amounts withheld improperly.
- NRS 338.570 - Contractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.
- NRS 338.590 - Time for making payments; amounts paid.
- NRS 338.595 - Amounts withheld as retainage; payment of interest. [Effective through June 30, 2015.]
- 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. [Effective through June 30, 2015.]
- NRS 338.605 - Payment of interest on amounts withheld improperly.
- NRS 338.610 - Subcontractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.
- NRS 338.630 - Action by contractor for alternate writ of mandamus to compel performance by public body.
- NRS 338.635 - Action by subcontractor or supplier to remedy unjustified or excessive withholding.
- NRS 338.640 - Award of reasonable costs and attorney s fees to prevailing party.
- NRS 338.645 - Other rights and remedies not affected.
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