Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE28 PUBLIC WORKS AND PLANNING |
CHAPTER338. Public Works |
GENERAL PROVISIONS |
NRS 338.010. Definitions. [Effective through June 30, 2017.] |
NRS 338.010. Definitions. [Effective July 1, 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 chapters 332 and 339 of NRS to certain projects constructed by private developers. |
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. |
EMPLOYMENT |
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 338.018. Applicability to certain contracts for construction work of Nevada System of Higher Education. [Effective July 1, 2017.] |
Wages |
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 338.010 to 338.090, inclusive. |
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 338.075. Applicability to certain contracts for construction work of Nevada System of Higher Education. [Effective July 1, 2017.] |
NRS 338.080. Exemptions. |
NRS 338.090. Penalties. |
Employment Practices |
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. |
GENERAL PROCEDURES FOR AWARDING CONTRACTS |
Limitations on General Applicability of Provisions |
NRS 338.1373. Option of local governments to comply with alternative procedures; inapplicability of certain provisions to contracts awarded by Department of Transportation. [Effective July 1, 2017.] |
Qualification 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 338.1381. 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 338.1381. State and local government public works: Procedure upon appeal of denial of application to qualify as bidder or disqualification of subcontractor. [Effective July 1, 2017.] |
NRS 338.1382. Local government public works: Alternative procedure for qualification of bidders. |
Preference for Bids on Smaller Contracts Submitted by Local Businesses Owned by Veterans With Service-Connected Disabilities |
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. |
Advertising; Acceptance of Bids; Award of Contract |
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 338.139. Awarding of contract to specialty contractor: Conditions. |
ADDITIONAL PROCEDURES, CONDITIONS, DUTIES AND LIMITATIONS RELATING TO CONTRACTS |
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 338.1415. 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 338.1427. Duty of State Public Works Division to report to Office of Economic Development concerning local emerging small businesses. [Effective January 1, 2014.] |
Alternative Procedures for Local Governments |
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 338.148. Awarding of contract to specialty contractor: Conditions. |
Provisions Required in Contracts |
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. |
CONTRACTS FOR TRANSPORTATION FACILITIES |
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 338.167. Contract for transportation services. |
NRS 338.168. Federal, state or local assistance. |
CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK |
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 338.16935. Contract between construction manager at risk and subcontractor for certain preconstruction services. [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.] |
CONTRACTS INVOLVING DESIGN-BUILD TEAMS, PRIME CONTRACTORS OR NONPROFIT ORGANIZATIONS |
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 338.1711. Contracts for which public body is required or authorized to enter into with prime contractor or design-build team. [Effective July 1, 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. |
Procedures for Awarding Contracts to Design-Build Teams |
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. |
PREFERENCE WHEN COMPETING FOR PUBLIC WORKS |
NOTIFICATION OF LICENSING BOARDS |
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. |
DESIGN, CONSTRUCTION, RENOVATION AND DEMOLITION OF PUBLIC WORKS |
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. |
Energy and Environmental Design Requirements |
NRS 338.1905. Retrofitting of state buildings for energy efficiency: Appointment of energy retrofit coordinators and person to assist coordinators. |
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 338.1908. Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy. [Effective July 1, 2017, through December 31, 2025.] |
NRS 338.1908. Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy. [Effective January 1, 2026.] |
Additional Conditions and Limitations |
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. |
PROGRESS PAYMENTS |
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. |
Applicability and Limitations |
NRS 338.480. Provisions inapplicable to certain contracts made by Department of Transportation. |
NRS 338.490. Limitations on requiring release or waiver of right to receive progress payment or retainage payment. |
Payments Made by Public Body to Contractor |
NRS 338.510. Submittal of progress bills. |
NRS 338.520. Payment of outstanding balance upon occupancy, use or recording of notice of completion. |
NRS 338.530. Payment of interest on amounts withheld improperly. [Effective through June 30, 2015.] |
NRS 338.530. Payment of interest on amounts withheld improperly. [Effective July 1, 2015.] |
NRS 338.535. Public body to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers. |
Payments Made by Contractor to 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 338.555. Amounts withheld as retainage; payment of interest. [Effective July 1, 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. |
Payments Made by Subcontractor to 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 338.595. Amounts withheld as retainage; payment of interest. [Effective July 1, 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. |
Remedies |
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. |