NRS624.628. Requirements concerning notices; prohibited provisions; requests for information.

      1.  A lower-tiered subcontractor shall provide a copy of any notice given to a higher-tiered contractor pursuant to this section or NRS 624.624 or 624.626 to each lower-tiered subcontractor with whom the lower-tiered subcontractor has entered into an agreement and who has not fully performed under the agreement. Upon receipt of payment pursuant to NRS 624.624, the lower-tiered subcontractor shall notify all of his or her lower-tiered subcontractors in writing of receipt of payment.

      2.  A lower-tiered subcontractor shall provide a copy of any notice given to a higher-tiered contractor pursuant to this section or NRS 624.624 or 624.626 to all other higher-tiered contractors and the owner, if known. The failure of a lower-tiered subcontractor to comply with this subsection does not invalidate any notice otherwise properly given.

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

      (a) Requires a lower-tiered subcontractor to waive any rights provided in NRS 624.624 to 624.630, inclusive, or which limits those rights;

      (b) Relieves a higher-tiered contractor of any obligation or liability imposed pursuant to NRS 624.624 to 624.630, inclusive; or

      (c) Requires a lower-tiered subcontractor to waive, release or extinguish a claim or right for damages or an extension of time that the lower-tiered subcontractor 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 lower-tiered subcontractor is not responsible,

Ê is against public policy and is void and unenforceable.

      4.  All notices required pursuant to this section or NRS 624.624 or 624.626 must be:

      (a) Delivered personally, in which case the lower-tiered subcontractor 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 lower-tiered subcontractor shall retain proof of a successful transmission of the facsimile;

      (c) Delivered by certified mail; or

      (d) Delivered in the manner provided in the agreement between the higher-tiered contractor and the lower-tiered subcontractor.

      5.  Within 5 days after the owner or any higher-tiered contractor receives a written request for the information set forth in paragraphs (a), (b) and (c) from a lower-tiered subcontractor with respect to an agreement that has not been fully performed, the owner or higher-tiered contractor shall notify the lower-tiered subcontractor in writing of the following:

      (a) The date the owner or higher-tiered contractor made a specified payment to the prime contractor or lower-tiered subcontractor;

      (b) Whether the owner or higher-tiered contractor has paid the prime contractor or lower-tiered subcontractor the entire amount of a specified payment; and

      (c) The amount withheld by the owner or higher-tiered contractor of a specified payment to his or her prime contractor or lower-tiered subcontractor and the condition or reason for the withholding.

      (Added to NRS by 2001, 1618; A 2005, 1733)