Title 28

NRS 338.415 “Progress bill” defined. “Progress bill” means a bill for a portion of the supplies, work performed or services provided by a contractor, subcontractor or supplier for a public work. (Added to NRS by 1999, 1983)

NRS 338.420 “Progress payment” defined. “Progress payment” means the payment for a portion of the supplies, work performed or services provided by a contractor, subcontractor or supplier for a public work. (Added to NRS by 1999, 1983)

NRS 338.425 “Retainage” defined. “Retainage” means the amount authorized to be withheld from a progress payment pursuant to the provisions of NRS 338.515, 338.555 or 338.595. (Added to NRS by 1999, 1983)

NRS 338.430 “Retainage bill” defined. “Retainage bill” means a bill for the amount authorized to be withheld from a progress payment pursuant to the provisions of NRS 338.515, 338.555 or 338.595. (Added to NRS by 1999, 1983)

NRS 338.435 “Retainage payment” defined. “Retainage payment” means the payment of the amount authorized to be withheld from a progress payment pursuant to the provisions of NRS 338.515, 338.555 or 338.595. (Added to NRS by 1999, 1983)

NRS 338.455 Methods to be used for providing notice. Each notice required pursuant to NRS 338.400 to 338.645, inclusive, must be: 1. Delivered personally; or 2. Sent by facsimile machine and delivered by regular or certified mail. (Added to NRS by 1999, 1990)

NRS 338.460 Period for accrual of interest on retainage. Interest that is required to be paid on the retainage accrues from the date the retainage is withheld until the date the retainage is paid to the person from whom the retainage was withheld. (Added to NRS by 1999, 1984) App…

NRS 338.480 Provisions inapplicable to certain contracts made by Department of Transportation. The provisions of NRS 338.400 to 338.645, inclusive, do not apply to a contract entered into by the Department of Transportation pursuant to chapter 408 of NRS. (Added to NRS by 1999, 1…

NRS 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. 1. A person may not waive or modify a right, obligation or liability…

NRS 338.490 Limitations on requiring release or waiver of right to receive progress payment or retainage payment. Any release or waiver required to be provided by a contractor, subcontractor or supplier to receive a progress payment or retainage payment must be: 1. Conditional fo…

NRS 338.510 Submittal of progress bills. A contractor shall submit a progress bill to the public body monthly or more frequently if the provisions of the contract so provide. (Added to NRS by 1999, 1984)

NRS 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. 1. Except as otherwise provided in NRS 338.525, a public body and its officers or agents awarding …

NRS 338.520 Payment of outstanding balance upon occupancy, use or recording of notice of completion. Except with respect to any payment withheld pursuant to NRS 338.525, if: 1. A public body or a person acting with the authority of the public body occupies or begins use of a publ…

NRS 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. 1. Except as otherwise provided in NRS 338.515, a public body may, but is no…

NRS 338.530 Payment of interest on amounts withheld improperly. 1. If a public body receives: (a) A progress bill or retainage bill, fails to give a contractor a written notice of any withholding in the manner set forth in subsection 2 of NRS 338.525, and does not pay the contrac…

NRS 338.535 Public body to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers. Within 5 working days after a public body receives a written request from a subcontractor or supplier of the contractor with respect to a contrac…

NRS 338.550 Time for making payments; amounts paid. Except as otherwise provided in NRS 338.555, 338.560 and 338.565: 1. Each contractor shall disburse money paid to the contractor pursuant to this chapter, including any interest which the contractor receives, to his or her subco…

NRS 338.555 Amounts withheld as retainage; payment of interest. 1. If a public body and a contractor enter into a contract for a public work, the contractor may withhold as retainage not more than 5 percent from the amount of any progress payment due under a subcontract which is …

NRS 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. 1. Except as otherwise provid…

NRS 338.565 Payment of interest on amounts withheld improperly. 1. If a contractor makes payment to a subcontractor or supplier more than 10 days after the occurrence of any of the following acts or omissions: (a) The contractor fails to pay his or her subcontractor or supplier i…

NRS 338.570 Contractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers. Within 5 working days after a contractor receives a written request from a subcontractor or supplier of his or her subcontractor or supplier with …

NRS 338.590 Time for making payments; amounts paid. Except as otherwise provided in NRS 338.595, 338.600 and 338.605: 1. Each subcontractor shall disburse money paid to him or her pursuant to this chapter, including any interest which the subcontractor receives, to his or her sub…

NRS 338.595 Amounts withheld as retainage; payment of interest. 1. If a subcontractor and another subcontractor or supplier enter into a subcontract for a public work, the subcontractor may withhold as retainage not more than 5 percent from the amount of any progress payment due …

NRS 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. 1. Except as otherwise provided in NRS 338.595, a subcontractor may withho…

NRS 338.605 Payment of interest on amounts withheld improperly. 1. If a subcontractor makes payment to his or her subcontractor or supplier more than 10 days after the occurrence of any of the following acts or omissions: (a) The subcontractor fails to pay his or her subcontracto…

NRS 338.610 Subcontractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers. Within 5 working days after a subcontractor receives a written request from a subcontractor or supplier of his or her subcontractor or supplier…

NRS 338.630 Action by contractor for alternate writ of mandamus to compel performance by public body. 1. A contractor who believes that the public body has failed to perform a duty to: (a) Make a payment; (b) Provide written notice of any withholding; or (c) Provide information u…

NRS 338.635 Action by subcontractor or supplier to remedy unjustified or excessive withholding. 1. A subcontractor or supplier who believes that the amount withheld by the contractor or subcontractor is not justified or is excessive may apply to the district court of the county w…

NRS 338.640 Award of reasonable costs and attorney’s fees to prevailing party. 1. The court or arbitrator shall award to a contractor, subcontractor or supplier who is the prevailing party in a civil action or an arbitration proceeding to recover an amount that was required to be…

NRS 338.645 Other rights and remedies not affected. The provisions of NRS 338.400 to 338.645, inclusive, do not impair or affect the rights of a contractor, subcontractor or supplier to whom any amount may be owed for work performed or materials, equipment or supplies furnished t…