1. Any person who has furnished labor, materials, provisions, implements, machinery, means of transportation or supplies used or consumed by such contractor or the contractor’s subcontractors in or about the performance of the work contracted to be done, and whose claim therefor has not been paid by such contractor or subcontractors, and who desires to be protected under the bond, shall file with the Department a claim in triplicate within 30 days from the date of final acceptance of the contract as provided in NRS 408.387, and such claim shall be executed and verified before a notary public and contain a statement that the same has not been paid. One copy shall be filed in the office of the Department and the remaining copies shall be forwarded to the contractor and surety.
2. Any such person so filing a claim may at any time within 6 months thereafter commence an action against the surety or sureties on the bond for the recovery of the amount of the claim and the filing of such claim shall not constitute a claim against the Department. Failure to commence such action upon the bond and the sureties within 6 months after date of the Department’s final acceptance will bar any right of action against such surety or sureties.
(Added to NRS by 1957, 685; A 1967, 348)