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Nevada Revised Statutes
Public Works
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Section
338.010
Definitions. [Effective through June 30, 2021.]
Section
338.010
Definitions. [Effective July 1, 2021.]
Section
338.011
Applicability: Contracts related to normal operation and normal maintenance; contracts related to emergency.
Section
338.012
Regulations of Labor Commissioner.
Section
338.013
Inclusion of identifying number from Labor Commissioner in advertisement or solicitation and bids and other responsive documents; reports by public bodies and contractors to Labor Commissioner.
Section
338.015
Enforcement by Labor Commissioner and Attorney General.
Section
338.016
Civil action against contractor after imposition of administrative penalty to recover damages resulting from commission of offense; rebuttable presumption; costs and attorney’s fees.
Section
338.017
Temporary prohibition or disqualification of contractor from award of contract after imposition of administrative penalty or debarment by Federal Government; notification of State Contractors’ Board.
Section
338.018
Applicability to certain contracts for construction work of Nevada System of Higher Education.
Section
338.020
Hourly and daily rate of wages must not be less than prevailing wage in region; rate must be included in contract and posted on-site; payment of overtime; wages paid in accordance with jurisdictional classes recognized in region.
Section
338.025
Prevailing wage regions.
Section
338.030
Procedure for determination of prevailing wage in region; duration of rates.
Section
338.035
Discharge of part of obligation of contractor or subcontractor engaged on public work to pay wages by providing bona fide fringe benefits in name of worker.
Section
338.040
Workers deemed to be employed on public works; regulations.
Section
338.050
Contractual relationships: Applicability of NRS 338.010 to 338.090, inclusive.
Section
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.
Section
338.070
Investigations of violations by public bodies; withholding of certain sums by public bodies and contractors; maintenance and inspection of records regarding employees; regulations regarding procedures for electronic filing of records regarding employees; penalty for noncompliance.
Section
338.072
Requirement for subcontractor to hold state business license.
Section
338.075
Applicability to certain contracts for construction work of Nevada System of Higher Education.
Section
338.080
Exemptions. [Effective until the date on which the Director of the Department of Transportation notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient money is available to capitalize and carry out the business of the Nevada State Infrastructure Bank created by NRS 408.55069.]
Section
338.080
Exemptions. [Effective on the date on which the Director of the Department of Transportation notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient money is available to capitalize and carry out the business of the Nevada State Infrastructure Bank created by NRS 408.55069.]
Section
338.090
Penalties.
Section
338.0115
Inapplicability of this chapter and chapters 332 and 339 of NRS to certain projects constructed by private developers.
Section
338.0116
Legislative findings and declarations. [Effective January 1, 2020.]
Section
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.
Section
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.
Section
338.01165
Requirements relating to use of apprentices on public works; modification or waiver of requirements; apprenticeship agreement; regulations. [Effective January 1, 2020.]
Section
338.125
Fair employment practices: Contents of contracts concerning public works; violation constitutes material breach of contract.
Section
338.130
Preferential employment in construction of public works.
Section
338.135
Rental or lease of trucks or truck and trailer combinations by contractors or subcontractors: Hourly rate for vehicle and services of driver.
Section
338.139
Awarding of contract to specialty contractor: Conditions.
Section
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.
Section
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.
Section
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.
Section
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, 2021.]
Section
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 July 1, 2021.]
Section
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.
Section
338.148
Awarding of contract to specialty contractor: Conditions.
Section
338.150
Provisions requiring use of method of alternate dispute resolution before initiation of judicial action; exception.
Section
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.
Section
338.155
Provisions relating to design professional who is not member of design-build team.
Section
338.158
Definitions.
Section
338.159
Alternative methods: Submission of request to public body; contents of request.
Section
338.161
"Transportation facility" defined.
Section
338.162
Alternative methods of authorization.
Section
338.163
Submission of request to public body; contents of request.
Section
338.164
Request for submission of proposals by public body.
Section
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.
Section
338.167
Contract for transportation services.
Section
338.168
Federal, state or local assistance.
Section
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, 2021.]
Section
338.173
Certificate of eligibility to receive preference when competing for public works to certain design professionals: Issuance; duration; ineligibility for submission of false information; regulations; fees; written objections.
Section
338.175
Substantially incomplete or rejected plans submitted by registered architect, interior designer, residential designer or landscape architect.
Section
338.176
Substantially incomplete or rejected plans submitted by licensed professional engineer or land surveyor.
Section
338.177
Lease of property acquired by local government for public work pending completion of public work.
Section
338.180
Accommodation of persons with physical handicap or disability; verification of conformity with requirements; enforcement.
Section
338.185
Public body to reimburse contractor for certain costs of locating underground facility of public utility.
Section
338.193
Standards for plumbing fixtures. [Effective through December 31, 2019.]
Section
338.193
Standards for plumbing fixtures. [Effective January 1, 2020.]
Section
338.195
Survey for presence of asbestos required before renovation or demolition of public building or structure.
Section
338.200
Prohibition against naming public building or structure after current member of governing body.
Section
338.400
Definitions.
Section
338.415
"Progress bill" defined.
Section
338.420
"Progress payment" defined.
Section
338.425
"Retainage" defined.
Section
338.430
"Retainage bill" defined.
Section
338.435
"Retainage payment" defined.
Section
338.455
Methods to be used for providing notice.
Section
338.460
Period for accrual of interest on retainage.
Section
338.480
Provisions inapplicable to certain contracts made by Department of Transportation.
Section
338.485
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.
Section
338.490
Limitations on requiring release or waiver of right to receive progress payment or retainage payment.
Section
338.510
Submittal of progress bills.
Section
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.
Section
338.520
Payment of outstanding balance upon occupancy, use or recording of notice of completion.
Section
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.
Section
338.530
Payment of interest on amounts withheld improperly.
Section
338.535
Public body to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.
Section
338.550
Time for making payments; amounts paid.
Section
338.555
Amounts withheld as retainage; payment of interest.
Section
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.
Section
338.565
Payment of interest on amounts withheld improperly.
Section
338.570
Contractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.
Section
338.590
Time for making payments; amounts paid.
Section
338.595
Amounts withheld as retainage; payment of interest.
Section
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.
Section
338.605
Payment of interest on amounts withheld improperly.
Section
338.610
Subcontractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.
Section
338.630
Action by contractor for alternate writ of mandamus to compel performance by public body.
Section
338.635
Action by subcontractor or supplier to remedy unjustified or excessive withholding.
Section
338.640
Award of reasonable costs and attorney’s fees to prevailing party.
Section
338.645
Other rights and remedies not affected.
Section
338.1373
Option of local governments to comply with alternative procedures; public bodies prohibited from using reverse auctions; inapplicability of certain provisions to contracts awarded by Department of Transportation. [Effective through June 30, 2021.]
Section
338.1373
Option of local governments to comply with alternative procedures; public bodies prohibited from using reverse auctions; inapplicability of certain provisions to contracts awarded by Department of Transportation. [Effective July 1, 2021.]
Section
338.1375
State public works: Acceptance of bids from qualified bidders only; adoption and use of criteria for qualification of bidders.
Section
338.1376
State public works: Qualification of subcontractors; disqualification; appeal.
Section
338.1377
Local government public works: Adoption of criteria for qualification of bidders.
Section
338.1378
Local government public works: Advertisement required before acceptance of applications for qualification of bidders.
Section
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.
Section
338.1381
State and local government public works: Procedure upon appeal of denial of application to qualify as bidder or disqualification of subcontractor.
Section
338.1382
Local government public works: Alternative procedure for qualification of bidders.
Section
338.1384
Definitions.
Section
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, 2021.]
Section
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 July 1, 2021.]
Section
338.1386
State or local government to award contract for smaller public work to contractor or perform public work itself.
Section
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.
Section
338.1405
Requirements regarding agreements with labor organizations prohibited; exceptions.
Section
338.1415
Local government prohibited from accepting bid on contract for public work submitted by contractor who materially breached certain contracts for public works.
Section
338.1423
Prohibition against public body entering into express or implied contract for public work providing that construction materials or goods be purchased or supplied by public body or contractor who is constituent part or acting on behalf of public body; exceptions; penalties; enforcement by Attorney General.
Section
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.
Section
338.1427
Duty of State Public Works Division to report to Office of Economic Development concerning local emerging small businesses.
Section
338.1435
Constructability review of initially used plans and specifications required before advertising for bids for contracts for larger public works.
Section
338.1442
Local government to award contract for smaller public work to contractor or perform public work itself.
Section
338.1444
Award of contract for smaller public work to contractor: Solicitation of bids; rejection of bids; quarterly report by local government; compliance by local government with certain requirements.
Section
338.1446
Attestation required before local government may perform certain smaller public works itself.
Section
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 and award of new contract without rebidding.
Section
338.1581
"Concession" defined.
Section
338.1582
"Private partner" defined.
Section
338.1583
"Public-private partnership" defined.
Section
338.1584
"Transportation facility" defined.
Section
338.1585
"User fee" defined.
Section
338.1586
Applicability.
Section
338.1587
Public-private partnership: Authority to enter; authorized provisions.
Section
338.1588
Public-private partnership: Methods of procurement; information required to be provided by public body for certain procurements; relative weight of factors in evaluation of proposals; exemption from public bidding or procurement procedures; expenditure of money; sale, lease, grant, transfer or conveyance of facility or property or interest therein to public body.
Section
338.1589
Alternative methods: Authorization.
Section
338.1591
Alternative methods: Request for submission of proposals by public body.
Section
338.1592
Approval of request, proposal or submission: Determination of public purpose; staff reports; copy of request, proposal or submission to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; additional provisions in agreement; establishment of date for development of or commencement of construction of transportation facility.
Section
338.1593
Confidentiality of information obtained by or disclosed to public body in connection with request, proposal or public-private partnership.
Section
338.1594
Financing.
Section
338.1595
Acceptance of federal money; agreements or arrangements with United States; acceptance of grants, donations, gifts and conveyances; combination of public and private money authorized.
Section
338.1596
Deposit and use of money received and retained by public body pursuant to public-private partnership derived from charge with respect to operation of motor vehicle on highway in State.
Section
338.1597
User fee for use of roadway constructed or improved as part of public-private partnership prohibited; exception.
Section
338.1598
Contract for services under alternative methods.
Section
338.1599
Federal, state or local assistance.
Section
338.1601
Eminent domain.
Section
338.1602
Applicability of state and federal laws.
Section
338.1615
Applicability.
Section
338.1685
Declaration of legislative intent. [Effective through June 30, 2021.]
Section
338.1691
Qualifications for construction manager at risk. [Effective through June 30, 2021.]
Section
338.1692
Advertising for proposals for construction manager at risk; contents of request for proposals; requirements for proposals; availability of names of applicants; substitution of employees. [Effective through June 30, 2021.]
Section
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; provision of explanation to unsuccessful applicant upon request. [Effective through June 30, 2021.]
Section
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, 2021.]
Section
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, 2021.]
Section
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, 2021.]
Section
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, 2021.]
Section
338.1711
Contracts for which public body is required or authorized to enter into with prime contractor or design-build team. [Effective July 1, 2021.]
Section
338.1715
Procedure for selecting design-build team.
Section
338.1717
Employment of architect, general contractor, construction manager as agent, landscape architect or engineer as consultant.
Section
338.1718
Contract with construction manager as agent.
Section
338.1721
Qualifications of design-build team.
Section
338.1723
Advertisement for preliminary proposals.
Section
338.1725
Selection of finalists based on preliminary proposals; minimum number of proposals required; availability to public of certain information.
Section
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.
Section
338.1908
Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy. [Effective through December 31, 2025.]
Section
338.1908
Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy. [Effective January 1, 2026.]
Section
338.13841
"Business owned and operated by a veteran with a service-connected disability" defined.
Section
338.13842
"Local business" defined.
Section
338.13843
"Veteran with a service-connected disability" defined.
Section
338.13844
Amount of preferences.
Section
338.13845
Fraudulent acts.
Section
338.13846
Duty of State Public Works Division to report to Legislature.
Section
338.13847
Regulations.
Section
338.13862
Requirements for awarding contract for smaller public work to contractor.
Section
338.13864
Attestation required before State or local government may perform certain smaller public works itself.
Section
338.13895
Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work.
Section
338.16925
Confidentiality of documents and other information submitted in response to request for proposals. [Effective through June 30, 2021.]
Section
338.16935
Contract between construction manager at risk and subcontractor for certain preconstruction services. [Effective through June 30, 2021.]
Section
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, 2021.]
Section
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, 2021.]
Section
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, 2021.]