NRS338.485. 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,

Ê 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)