NRS624.935. Duties of contractor regarding commencement, performance and completion of work; contract to explain rights of customer; conditions for final payment.

      1.  A contractor who receives an initial down payment or deposit of $1,000 or 10 percent of the aggregate contract price, whichever is less, for work concerning a residential pool or spa shall start the work within 30 days after the date all necessary permits for the work, if any, are issued, unless the person who made the payment agrees in writing to a longer period to apply for the necessary permits or start the work or to longer periods for both.

      2.  A contractor who receives money for work concerning a residential pool or spa shall complete the work diligently and shall not refuse to perform any work for any 30-day period.

      3.  If satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish the owner a full and unconditional release from any claim of mechanic’s lien for that portion of the work for which payment has been made.

      4.  The requirements of subsection 3 do not apply if the contract provides for the contractor to furnish a bond for payment and performance or joint control covering full performance and completion of the contract and the bond or joint control is furnished by the contractor.

      5.  A contract for work concerning a residential pool or spa must contain a written statement explaining the rights of the customer under NRS 624.900 to 624.965, inclusive, and other relevant statutes.

      6.  A contractor may require final payment for the final stage or phase of the construction of a residential pool or spa after the completion of the plastering and the final inspection by the local building department, unless any installation of equipment, decking or fencing that is required in the contract is not completed.

      (Added to NRS by 1997, 2698; A 2001, 2978; 2005, 2378)—(Substituted in revision for NRS 597.716)