[Rev. 2/11/2015 11:40:50
AM--2014R2]
CHAPTER 624 - CONTRACTORS
GENERAL PROVISIONS
NRS 624.005 Legislative
declaration.
NRS 624.006 Definitions.
NRS 624.010 “Board”
defined.
NRS 624.015 “Construction
control” defined.
NRS 624.020 “Contractor”
synonymous with “builder”; “contractor” defined.
NRS 624.024 “Knowingly”
defined.
NRS 624.027 “Planned
unit development” defined.
NRS 624.029 “Work
of improvement” defined.
NRS 624.031 Applicability
of chapter: Exemptions.
NRS 624.033 Applicability
of chapter: Contract pertaining to federal aid.
NRS 624.035 County
or municipality may impose additional requirements for contractor’s license.
STATE CONTRACTORS’ BOARD
NRS 624.040 Creation;
number and appointment of members.
NRS 624.050 Qualifications
of members.
NRS 624.070 Certificate
of appointment; oath of office.
NRS 624.080 Regular
and special meetings; notice.
NRS 624.090 Quorum.
NRS 624.100 Appointment
of committees; adoption of bylaws, rules of procedure and regulations; advisory
committees.
NRS 624.105 Designation
of Ombudsman for Residential Pools and Spas; duties.
NRS 624.110 Offices;
maintenance, inspection and confidentiality of records and reports.
NRS 624.112 Investigations
Office: Establishment; qualifications of investigators.
NRS 624.115 Employment
of necessary personnel; authority of Board concerning criminal investigators
and compliance investigators employed by Board.
NRS 624.120 Seal.
NRS 624.135 Fiscal
year.
NRS 624.140 Use
of money received by Board; delegation of authority concerning disciplinary
action; deposit of certain money into Construction Education Account.
NRS 624.150 Election
and duties of Treasurer; disposition of money.
NRS 624.160 Administration
of chapter; provision of information to public concerning contractors and
contracting; advisory opinions; investigation of persons acting as contractors.
NRS 624.165 Investigation
of constructional fraud.
NRS 624.170 Administration
of oaths; taking of testimony and proofs; issuance of subpoenas.
NRS 624.180 Service
of process.
NRS 624.190 Action
by district court to compel attendance of witness or production of records,
books or papers.
NRS 624.200 Deposition
of witness.
NRS 624.210 Right
of party to compel attendance of witness or taking of deposition.
NRS 624.212 Violation
of chapter: Cease and desist order; injunction; fine.
CLASSIFICATIONS
NRS 624.215 Contracting
business.
NRS 624.218 Classification
for persons who construct or improve video service networks.
NRS 624.220 Contractors.
LICENSES
NRS 624.240 Issuance
of licenses; use of examinations to investigate, classify and qualify
applicants; additional qualifications for master’s license; transitory
provision.
NRS 624.241 Program
for issuance of license in expedited manner.
NRS 624.245 Prohibition
of certain violators from examination.
NRS 624.250 Application
for license: Contents; fees; contributions to Construction Education Account.
NRS 624.253 Application
for one or more classifications; additional application and fee for license may
be required.
NRS 624.254 Issuance
or renewal of license under name likely to result in confusion or mistake
prohibited.
NRS 624.2545 Denial
of application for issuance or renewal of license: Notice; request for hearing;
hearing.
NRS 624.256 Proof
of industrial insurance; notification of Fraud Control Unit for Industrial
Insurance of failure to obtain industrial insurance; disciplinary action;
penalty for failure to pay contributions to Unemployment Compensation Fund.
NRS 624.260 Applicant
or licensee to demonstrate experience, knowledge and financial responsibility;
qualifications concerning experience and knowledge; limitations on
qualifications of natural person.
NRS 624.262 Financial
responsibility of applicant or licensee: Demonstration required.
NRS 624.263 Financial
responsibility of applicant or licensee: Standards and criteria for determination.
NRS 624.264 Financial
responsibility of applicant or licensee: Additional requirements for certain
applicants and licensees engaged in residential construction.
NRS 624.265 Good
character of applicant or licensed contractor and certain associates; grounds
for establishment of lack of good character; background investigation;
confidentiality of results of background investigation; fee for processing
fingerprints; Board may obtain criminal history.
NRS 624.266 Duty
of applicant or licensee to disclose certain information to Board.
NRS 624.268 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 624.268 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
NRS 624.270 Bond
and deposit: Requirements; amount; conditions.
NRS 624.273 Bond
and deposit: Person benefited; actions; payment by surety without action by
court; interpleader by surety or Board; preferred claims; prohibited claims.
NRS 624.275 Bond
and deposit: Notice of claim paid against contractor’s bond by surety;
cancellation of contractor’s bond by surety; notification to contractor of
claim against or cancellation of bond; duties of Board and contractor;
revocation or suspension of license.
NRS 624.276 Bond
and deposit: Additional requirements for contractors performing work concerning
residential pools or spas.
NRS 624.280 Regulations
concerning fees; limitation on amount.
NRS 624.281 Fee
for license issued in expedited manner; reimbursement to Board for costs and
expenses; regulations concerning application for license issued in expedited
manner.
NRS 624.282 Inactive
status of license: Application; effect; duration; regulations.
NRS 624.283 License:
Expiration; renewal; financial statement; reinstatement; cancellation.
NRS 624.284 License:
Limitation of scope.
NRS 624.285 Termination
of association of natural person qualifying by examination on behalf of another
natural person or firm: Notice; replacement with qualified natural person.
NRS 624.288 Display
of name and license on motor vehicle.
HEARINGS
NRS 624.291 Hearing
required if Board suspends or revokes license, has probable cause to believe
that person has engaged in unlawful advertising or imposes administrative fine
for unlicensed actions; exception.
DISCIPLINARY ACTION
General Provisions
NRS 624.295 Member
of Board authorized to inform Executive Officer of allegation of ground for
disciplinary action; action by Executive Officer.
NRS 624.300 Disciplinary
actions against licensee; private reprimands prohibited; orders imposing
discipline deemed public records; deposit of fines in Construction Education
Account.
Grounds for Disciplinary Action
NRS 624.301 Abandonment
or failure to complete or prosecute diligently project for construction;
willful failure to comply with terms of contract or written warranty.
NRS 624.3011 Disregard
of plans, specifications, laws or regulations.
NRS 624.3012 Diversion
of money or property; failure to pay for materials or services; false denial of
amount due, or validity of claim of amount due, for materials or services;
failure to release lien against property to be improved.
NRS 624.3013 Failure
to keep records or maintain bond; misrepresentation; failure to establish
financial responsibility or comply with law or regulations of Board.
NRS 624.3014 Misuse
of license; evasion of law.
NRS 624.3015 Acting
beyond scope of license; bidding on work in excess of limit or beyond scope of
license; contracting with unlicensed contractor; constructing or repairing
mobile home, manufactured home, manufactured building or commercial coach or
factory-built housing; engaging in work that requires license while license is
inactive.
NRS 624.3016 Fraudulent
or deceitful acts; criminal conviction; improper acts involving liens; improper
acts involving residential pools and spas; failure to make required disclosure;
failure to pay assessment; improper acts involving contract for public work;
failure to notify Board of certain information.
NRS 624.30165 Unfair
business practices: Misrepresentations involving need for service, replacement
parts, equipment or repairs; false or misleading statements.
NRS 624.3017 Substandard
workmanship; incomplete advertising; advertising projects beyond scope of
license.
NRS 624.30175 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until 2 years after the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 624.3018 Certain
persons prohibited from serving as officer, director, associate or partner of
licensee.
NRS 624.302 Contracting,
offering to contract or submitting bid if license is suspended, revoked or
inactive; failure to comply with written citation or pay administrative fine;
suspension or revocation of license in other state or disciplinary action in
other state; failure or refusal to respond to or comply with written requests
of Board; failure or refusal to comply with order of Board.
NRS 624.305 Unlawful
use, assignment or transfer of license; revocation of license.
Proceedings
NRS 624.320 Allegation
and proof of license in action on contract.
NRS 624.323 Licensee
subject to disciplinary proceeding must submit financial statement and other
information to Board; authority of Board to take certain actions to protect
public.
NRS 624.327 Certain
records relating to investigation deemed confidential; certain records relating
to disciplinary action deemed public records.
NRS 624.331 Complaint
against licensee must be written and filed within certain period; Board must
act on complaint within certain period.
NRS 624.335 Investigation
of complaint by Investigations Office; notification of actions taken;
resolution of complaint by Investigations Office; forwarding of complaint to
appropriate agency for resolution.
NRS 624.341 Administrative
citation; order to take corrective action; penalty.
NRS 624.345 Contest
of administrative citation: Time limit; effect of failure to contest citation
within time limit; extension of time to contest citation; service of citation.
NRS 624.351 Contest
of administrative citation or order to correct violation: Hearing.
NRS 624.355 Annual
review of complaints by Board; report to Governor and Legislature; duty to
inform public.
NRS 624.361 Regulations.
RECOVERY FUND
NRS 624.400 Definitions.
NRS 624.410 “Account”
defined.
NRS 624.420 “Injured
person” defined.
NRS 624.430 “Owner”
defined.
NRS 624.440 “Qualified
services” defined.
NRS 624.450 “Residential
contractor” defined.
NRS 624.460 “Subsequent
owner” defined.
NRS 624.470 Establishment
of account; reference to account as “Recovery Fund”; collection of biennial
assessment; reduction in amount of assessment under certain circumstances; use
of money in account.
NRS 624.480 Limitation
on time to file complaint seeking recovery.
NRS 624.490 Application
to Board for satisfaction of judgment from account.
NRS 624.500 Hearing
on complaint; limitation on time for acting on complaint.
NRS 624.510 Eligibility
for recovery from account; maximum amount of individual recovery from account;
Board subrogated to rights of injured person; maximum amount of recovery from
account for claims against individual contractor.
NRS 624.520 Contractor
to notify owner of rights related to account; written statement; administrative
fine for noncompliance.
NRS 624.530 Board
retains authority to take disciplinary action against residential contractor;
additional actions by Board against residential contractor.
NRS 624.540 Annual
statement of condition of account to Legislature; employment of necessary
persons; procurement of necessary equipment, supplies and services; interest
credited to account; limit on expenditures.
NRS 624.550 Minimum
balance in account.
NRS 624.560 Regulations.
COMMISSION ON CONSTRUCTION EDUCATION
NRS 624.570 Creation;
members; expenses; duties; powers; regulations.
NRS 624.580 Construction
Education Account; administration.
DISCLOSURES
NRS 624.600 Required
disclosures by general building contractor.
NRS 624.605 Availability
to contractor of names and addresses of subcontractors delinquent in payment of
contributions for unemployment or industrial insurance.
RIGHTS, DUTIES AND LIABILITIES UNDER CERTAIN AGREEMENTS FOR
WORKS OF IMPROVEMENT
General Provisions
NRS 624.606 Definitions.
NRS 624.607 “Higher-tiered
contractor” defined.
NRS 624.608 “Lower-tiered
subcontractor” defined.
NRS 624.6084 “Owner”
defined.
NRS 624.6086 “Prime
contractor” defined.
Agreements Between Owner and Prime Contractor
NRS 624.609 Payment
of prime contractor during performance of agreement; grounds and procedure for
withholding amounts from payment; rights and duties after notice of
withholding, notice of objection or notice of correction.
NRS 624.610 Grounds
and procedure for stopping work or terminating agreement; change orders;
damages and other remedies; rights of lower-tiered subcontractors; limitations
on liability.
NRS 624.620 Payment
of prime contractor after work of improvement is available for use or
occupancy; grounds and procedure for withholding amounts from payment; rights
and duties after notice of withholding or notice of correction; partial
payments.
NRS 624.622 Requirements
concerning notices; prohibited provisions; exemptions; requests for
information.
Agreements Between Higher-Tiered Contractor and Lower-Tiered
Subcontractor
NRS 624.624 Payment
of lower-tiered subcontractor; grounds and procedure for withholding amounts
from payment; rights and duties after notice of withholding, notice of
objection or notice of correction.
NRS 624.626 Grounds
and procedure for stopping work or terminating agreement; change orders;
damages and other remedies; rights of lower-tiered subcontractors after work
stoppage or termination of agreement; limitations on liability.
NRS 624.628 Requirements
concerning notices; prohibited provisions; requests for information.
Payment of Interest
NRS 624.630 Accrual
of interest on money due; rate of interest.
UNLAWFUL ACTS; PENALTIES
NRS 624.700 Engaging
in business or submitting bid without license unlawful; prosecution; damages;
bid submitted in violation of section void.
NRS 624.710 Administrative
fine for engaging in business or submitting bid without license; fine
cumulative; action for fine; deposit of fine in Construction Education Account.
NRS 624.720 Unlawful
advertising; disconnection of telephone number or beeper listed in unlawful
advertisement.
NRS 624.730 Unlawful
to sit for examination on behalf of another; unlawful to provide any portion of
examination to another.
NRS 624.740 Unlawful
to act in joint venture or combination without additional license.
NRS 624.750 Other
unlawful acts or omissions; penalties for unlawful acts and omissions.
PROSECUTION OF VIOLATIONS
NRS 624.800 Statute
of limitations for certain violations.
RESIDENTIAL SWIMMING POOLS AND SPAS
NRS 624.900 Definitions.
NRS 624.905 “Contract”
defined.
NRS 624.910 “Contractor”
defined.
NRS 624.915 “Work
concerning a residential pool or spa” defined.
NRS 624.920 License
or other authorization required to perform work concerning residential pool or
spa.
NRS 624.925 Classifications
of licensing.
NRS 624.930 Contractor
and subcontractor required to obtain permits and meet certain requirements;
certain owner-builders required to submit information regarding bonds and
insurance; supervision and control of work; license or other authorization
required to perform certain acts for owner-builder.
NRS 624.935 Duties
of contractor regarding commencement, performance and completion of work;
contract to explain rights of customer; conditions for final payment.
NRS 624.940 Mandatory
elements and required information in contracts; contractor to furnish copy of
signed documents and receipt for money paid; certain contracts void; contractor
to apply for and obtain necessary permits.
NRS 624.945 Standards
for advertisements; prohibited advertising practices.
NRS 624.950 Limitations
on contractor’s involvement with entities engaged in certain lending and
financial services.
NRS 624.955 Limitations
on certain lending and financial practices.
NRS 624.960 Contractor
who commits certain violations may be required to obtain services of
construction control.
NRS 624.965 Grounds
for disciplinary action; unlawful acts; penalties.
_________
GENERAL PROVISIONS
NRS 624.005 Legislative declaration. The
Legislature declares that the provisions of this chapter relating to the
discipline of licensees are intended to promote public confidence and trust in
the competence and integrity of licensees and to protect the health, safety and
welfare of the public.
(Added to NRS by 1989, 526)
NRS 624.006 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 624.010 to 624.029, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2003, 1896, 2139; A 2005, 1223)
NRS 624.010 “Board” defined. “Board”
means the State Contractors’ Board.
(Added to NRS by 2003, 1899, 2140)
NRS 624.015 “Construction control” defined. “Construction
control” has the meaning ascribed to it in NRS
627.050.
(Added to NRS by 2003, 1897)
NRS 624.020 “Contractor” synonymous with “builder”; “contractor” defined.
1. “Contractor” is synonymous with
“builder.”
2. A contractor is any person, except a
registered architect or a licensed professional engineer, acting solely in a
professional capacity, who in any capacity other than as the employee of
another with wages as the sole compensation, undertakes to, offers to undertake
to, purports to have the capacity to undertake to, or submits a bid to, or does
himself or herself or by or through others, construct, alter, repair, add to,
subtract from, improve, move, wreck or demolish any building, highway, road,
railroad, excavation or other structure, project, development or improvement,
or to do any part thereof, including the erection of scaffolding or other
structures or works in connection therewith. Evidence of the securing of any
permit from a governmental agency or the employment of any person on a
construction project must be accepted by the Board or any court of this State
as prima facie evidence that the person securing that permit or employing any
person on a construction project is acting in the capacity of a contractor
pursuant to the provisions of this chapter.
3. A contractor includes a subcontractor
or specialty contractor, but does not include anyone who merely furnishes
materials or supplies without fabricating them into, or consuming them in the
performance of, the work of a contractor.
4. A contractor includes a construction
manager who performs management and counseling services on a construction
project for a professional fee.
5. A contractor does not include an owner
of a planned unit development who enters into one or more oral or written
agreements with one or more general building contractors or general engineering
contractors to construct a work of improvement in the planned unit development
if the general building contractors or general engineering contractors are
licensed pursuant to this chapter and contract with the owner of the planned
unit development to construct the entire work of improvement.
[2:Art. II:186:1941; A 1955, 378] + [3:Art.
II:186:1941; 1931 NCL § 1474.11]—(NRS A 1975, 831; 1977, 319; 1997, 1037; 2001, 1621; 2003, 1899, 2140; 2005, 1223)
NRS 624.024 “Knowingly” defined. “Knowingly”
imports a knowledge that the facts exist which constitute the act or omission,
and does not require knowledge of the prohibition against the act or omission.
Knowledge of any particular fact may be inferred from the knowledge of such
other facts as should put an ordinarily prudent person upon inquiry.
(Added to NRS by 2003, 2139)
NRS 624.027 “Planned unit development” defined. “Planned
unit development” has the meaning ascribed to it in NRS 278A.065.
(Added to NRS by 2005, 1223)
NRS 624.029 “Work of improvement” defined. “Work
of improvement” has the meaning ascribed to it in NRS 108.22188.
(Added to NRS by 2005, 1223, 1721)
NRS 624.031 Applicability of chapter: Exemptions. The
provisions of this chapter do not apply to:
1. Work performed exclusively by an
authorized representative of the United States Government, the State of Nevada,
or an incorporated city, county, irrigation district, reclamation district, or
other municipal or political corporation or subdivision of this State.
2. An officer of a court when acting
within the scope of his or her office.
3. Work performed exclusively by a public
utility operating pursuant to the regulations of the Public Utilities
Commission of Nevada on construction, maintenance and development work
incidental to its business.
4. An owner of property who is building or
improving a residential structure on the property for his or her own occupancy
and not intended for sale or lease. The sale or lease, or the offering for sale
or lease, of the newly built structure within 1 year after its completion
creates a rebuttable presumption for the purposes of this section that the
building of the structure was performed with the intent to sell or lease that
structure. An owner of property who requests an exemption pursuant to this
subsection must apply to the Board for the exemption. The Board shall adopt
regulations setting forth the requirements for granting the exemption.
5. Any work to repair or maintain property
the value of which is less than $1,000, including labor and materials, unless:
(a) A building permit is required to perform the
work;
(b) The work is of a type performed by a plumbing,
electrical, refrigeration, heating or air-conditioning contractor;
(c) The work is of a type performed by a
contractor licensed in a classification prescribed by the Board that
significantly affects the health, safety and welfare of members of the general
public;
(d) The work is performed as a part of a larger
project:
(1) The value of which is $500 or more; or
(2) For which contracts of less than $500
have been awarded to evade the provisions of this chapter; or
(e) The work is performed by a person who is
licensed pursuant to this chapter or by an employee of that person.
6. The sale or installation of any
finished product, material or article of merchandise which is not fabricated
into and does not become a permanent fixed part of the structure.
7. The construction, alteration,
improvement or repair of personal property.
8. The construction, alteration,
improvement or repair financed in whole or in part by the Federal Government
and conducted within the limits and boundaries of a site or reservation, the
title of which rests in the Federal Government.
9. An owner of property, the primary use
of which is as an agricultural or farming enterprise, building or improving a
structure on the property for his or her use or occupancy and not intended for
sale or lease.
10. Construction oversight services
provided to a long-term recovery group by a qualified person within a
particular geographic area that is described in a proclamation of a state of
emergency or declaration of disaster by the State or Federal Government,
including, without limitation, pursuant to NRS
414.070. A long-term recovery group may reimburse such reasonable expenses
as the qualified person incurs in providing construction oversight services to
that group. Except as otherwise provided in this subsection, nothing in this
subsection authorizes a person who is not a licensed contractor to perform the
acts described in paragraphs (a) and (b) of subsection 1 of NRS 624.700. As used in this subsection:
(a) “Construction oversight services” means the
coordination and oversight of labor by volunteers.
(b) “Long-term recovery group” means a formal
group of volunteers coordinating response and recovery efforts related to a
state of emergency or disaster that is proclaimed or declared by the State or
Federal Government.
(c) “Qualified person” means a person who
possesses the abilities, education, experience, knowledge, skills and training
that a long-term recovery group has identified as being necessary to provide
construction oversight services for a project to be performed by that group.
11. A person licensed as a real estate
broker, real estate broker-salesperson or real estate salesperson pursuant to chapter 645 of NRS who, acting within the scope
of the license or a permit to engage in property management issued pursuant to NRS 645.6052, assists a client in
scheduling work to repair or maintain residential property pursuant to a
written brokerage agreement or a property management agreement. Such assistance
includes, without limitation, assisting a client in the hiring of any number of
licensed contractors to perform the work. Nothing in this subsection authorizes
the performance of any work for which a license is required pursuant to this
chapter by a person who is not licensed pursuant to this chapter or the payment
of any additional compensation to a person licensed as a real estate broker,
real estate broker-salesperson or real estate salesperson for assisting a
client in scheduling the work. The provisions of this subsection apply only if
a building permit is not required to perform the work and if the value of the
work does not exceed $10,000 per residential property during the fixed term of
the written brokerage agreement, if the assistance is provided pursuant to such
an agreement, or during a period not to exceed 6 months if the assistance is
provided pursuant to a property management agreement. As used in this
subsection:
(a) “Brokerage agreement” has the meaning
ascribed to it in NRS 645.005.
(b) “Property management agreement” has the
meaning ascribed to it in NRS 645.0192.
(c) “Real estate broker” has the meaning ascribed
to it in NRS 645.030.
(d) “Real estate broker-salesperson” has the
meaning ascribed to it in NRS 645.035.
(e) “Real estate salesperson” has the meaning
ascribed to it in NRS 645.040.
(f) “Residential property” means:
(1) Improved real estate that consists of
not more than four residential units; or
(2) A single-family residential unit,
including a condominium, townhouse or home within a subdivision, if the unit is
sold, leased or otherwise conveyed unit by unit, regardless of whether the unit
is part of a larger building or parcel that consists of more than four units.
[1:Art. III:186:1941; A 1951, 47] + [2:Art.
III:186:1941; 1943 NCL § 1474.14] + [3:Art. III:186:1941; A 1951, 47] + [4:Art.
III:186:1941; A 1947, 307; 1951, 47] + [5:Art. III:186:1941; 1931 NCL §
1474.17] + [6:Art. III:186:1941; 1931 NCL § 1474.18] + [7:Art. III:186:1941; A
1951, 47] + [9:Art. III:186:1941; A 1947, 307; 1943 NCL § 1474.21]—(NRS A 1975,
1167; 1987,
1730; 1989,
1629; 1997,
2019, 3162;
2001, 2409;
2007, 855; 2009, 763; 2013, 578)
NRS 624.033 Applicability of chapter: Contract pertaining to federal aid. If any provision or condition contained in
this chapter conflicts with any provision of federal law, or a rule or
regulation made under federal law pertaining to federal aid contracts, such
provision in conflict with the federal law, rule or regulation does not apply
on federal aid contracts to the extent such conflict exists, but all provisions
of this chapter with which there is no such conflict do apply to federal aid
contracts.
[1:Art. VIII:186:1941; 1931 NCL § 1474.33]—(NRS A
1969, 940)
NRS 624.035 County or municipality may impose additional requirements for
contractor’s license. The
provisions of this chapter shall not be construed to prevent the governing body
of any county or incorporated city requiring an additional contractor’s license
within such political subdivision issued subject to the applicant meeting such
additional standards as are reasonable and necessary for the protection of the
public in the political subdivision.
[5:Art. VIII:186:1941; added 1955, 378]
STATE CONTRACTORS’ BOARD
NRS 624.040 Creation; number and appointment of members. There is hereby created the State Contractors’
Board to consist of seven members to be appointed by the Governor.
[Part 1:Art. I:186:1941; 1931 NCL § 1474.01]
NRS 624.050 Qualifications of members.
1. Six members of the Board must each:
(a) At the time of appointment, hold an unexpired
license to operate as a contractor.
(b) Be a contractor actively engaged in the
contracting business and must have been so engaged for not less than 5 years
preceding the date of his or her appointment.
(c) Have been a citizen and resident of the State
of Nevada for at least 5 years next preceding his or her appointment.
2. One member of the Board must be a
representative of the general public. This member must not be:
(a) A licensed contractor; or
(b) The spouse or the parent or child, by blood,
marriage or adoption, of a licensed contractor.
[2:Art. I:186:1941; 1931 NCL § 1474.02]—(NRS A 1985, 47; 2003, 1188)
NRS 624.070 Certificate of appointment; oath of office. Each member of the Board shall:
1. Receive a certificate of appointment
from the Governor.
2. Before entering upon the discharge of
the duties of his or her office, take the constitutional oath of office.
[4:Art. I:186:1941; 1931 NCL § 1474.04]
NRS 624.080 Regular and special meetings; notice.
1. The Board shall hold such meetings as
may be necessary for the purpose of transacting its business.
2. Four members of the Board may call a
special meeting at any time.
3. Due notice of each meeting and of the
time and place thereof shall be given each member in the manner provided by the
bylaws.
[Part 5:Art. I:186:1941; 1931 NCL § 1474.05]
NRS 624.090 Quorum. Four
members of the Board shall constitute a quorum.
[Part 5:Art. I:186:1941; 1931 NCL § 1474.05]
NRS 624.100 Appointment of committees; adoption of bylaws, rules of
procedure and regulations; advisory committees.
1. The Board may appoint such committees
and make such reasonable bylaws, rules of procedure and regulations as are
necessary to carry out the provisions of this chapter.
2. Except as otherwise provided in
subsection 3, the Board may establish advisory committees composed of its
members or employees, homeowners, contractors or other qualified persons to provide
assistance with respect to fraud in construction, or in any other area that the
Board considers necessary.
3. The Board shall establish an advisory
committee to make recommendations to the Board concerning the classification of
licensure of persons who install or maintain building shell insulation or
thermal system insulation, including, without limitation, recommendations
relating to training and continuing education.
4. If an advisory committee is
established, the Board shall:
(a) Select five members for the committee from a
list of volunteers approved by the Board; and
(b) Adopt rules of procedure for informal
conferences of the committee.
5. If an advisory committee is
established, the members:
(a) Serve at the pleasure of the Board.
(b) Serve without compensation, but must be
reimbursed for travel expenses necessarily incurred in the performance of their
duties. The rate must not exceed the rate provided for state officers and
employees generally.
(c) Shall provide a written summary report to the
Board, within 15 days after the final informal conference of the committee,
that includes recommendations with respect to actions that are necessary to
reduce and prevent the occurrence of fraud in construction, or on such other
issues as requested by the Board.
6. The Board is not bound by any
recommendation made by an advisory committee.
7. As used in this section:
(a) “Building shell insulation” means a product
that is used as part of the building which insulates a boundary between indoor
and outdoor space or conditioned and unconditioned space, including, without
limitation, walls, ceilings or floors.
(b) “Thermal system insulation” means a product
that is used in a heating, ventilating, cooling, plumbing or refrigeration
system to insulate any hot or cold surface, including, without limitation, a
pipe, duct, valve, boiler, flue or tank, or equipment on or in a building.
[Part 5:Art. I:186:1941; 1931 NCL § 1474.05]—(NRS A 1997, 2687; 2011, 322)
NRS 624.105 Designation of Ombudsman for Residential Pools and Spas; duties.
1. The Board shall designate an employee
as Ombudsman for Residential Pools and Spas.
2. The Ombudsman for Residential Pools and
Spas shall:
(a) Assist owners of single-family residences and
contractors to understand their rights and responsibilities as set forth in NRS 624.900 to 624.965,
inclusive, and any regulations adopted pursuant thereto.
(b) Notify the Board if it appears that any
person has engaged in any act or practice that constitutes a violation of any
of the provisions of this chapter or any regulations adopted pursuant thereto.
(Added to NRS by 2001, 2980)
NRS 624.110 Offices; maintenance, inspection and confidentiality of records
and reports.
1. The Board may maintain offices in as
many localities in the State as it finds necessary to carry out the provisions
of this chapter, but it shall maintain one office in which there must be at all
times open to public inspection a complete record of applications, licenses
issued, licenses renewed and all revocations, cancellations and suspensions of
licenses.
2. Except as otherwise required in NRS 239.0115 and 624.327,
credit reports, references, financial information and data pertaining to a
licensee’s net worth are confidential and not open to public inspection.
[1:Art. V:186:1941; 1931 NCL § 1474.27]—(NRS A 1963,
145; 1967, 1592; 1987,
1138; 2003,
1899, 3422;
2007, 2131)
NRS 624.112 Investigations Office: Establishment; qualifications of
investigators.
1. The Board shall:
(a) Establish an Investigations Office to enforce
the provisions of this chapter. The Investigations Office must consist of
criminal investigators and compliance investigators.
(b) Adopt regulations setting forth the
qualifications required for investigators employed to carry out this section.
2. As used in this section, “criminal
investigator” means a person authorized to perform the duties set forth in
subsection 2 of NRS 624.115.
(Added to NRS by 1999, 2950; A 2007, 856)
NRS 624.115 Employment of necessary personnel; authority of Board concerning
criminal investigators and compliance investigators employed by Board.
1. The Board may employ attorneys,
investigators and other professional consultants and clerical personnel necessary
to the discharge of its duties.
2. The Board may require criminal
investigators who are employed by the Board pursuant to NRS
624.112 to:
(a) Conduct a background investigation of:
(1) A licensee or an applicant for a
contractor’s license; or
(2) An applicant for employment with the
Board;
(b) Locate and identify persons who:
(1) Engage in the business or act in the
capacity of a contractor within this State in violation of the provisions of
this chapter;
(2) Submit bids on jobs situated within
this State in violation of the provisions of this chapter; or
(3) Otherwise violate the provisions of
this chapter or the regulations adopted pursuant to this chapter;
(c) Investigate any alleged occurrence of
constructional fraud; and
(d) Issue a misdemeanor citation prepared
manually or electronically pursuant to NRS
171.1773 to a person who violates a provision of this chapter that is
punishable as a misdemeanor. A criminal investigator may request any constable,
sheriff or other peace officer to assist in the issuance of such a citation.
3. The Board may require compliance
investigators who are employed by the Board pursuant to NRS
624.112 to locate and identify persons who:
(a) Engage in the business or act in the capacity
of a contractor within this State in violation of the provisions of this
chapter;
(b) Submit bids on jobs situated within this
State in violation of the provisions of this chapter; or
(c) Otherwise violate the provisions of this
chapter or the regulations adopted pursuant thereto.
(Added to NRS by 1963, 145; A 1995, 926; 1999, 2954; 2001, 213; 2003, 1899; 2007, 856)
NRS 624.120 Seal. The Board
shall adopt a seal for its own use. The seal must have imprinted thereon the
words “State Contractors’ Board, State of Nevada.” The Executive Officer has
the care and custody of the seal. A person shall not use, copy or reproduce the
seal in any way not authorized by this chapter or the regulations of the Board.
[7:Art. I:186:1941; 1931 NCL § 1474.07]—(NRS A 1985, 1052; 1999, 2178)
NRS 624.135 Fiscal year. The
Board shall operate on the basis of a fiscal year commencing on July 1 and
terminating on June 30.
(Added to NRS by 1963, 145)
NRS 624.140 Use of money received by Board; delegation of authority
concerning disciplinary action; deposit of certain money into Construction
Education Account.
1. Except as otherwise provided in
subsection 3, if money becomes available from the operations of this chapter
and payments made for licenses, the Board may pay from that money:
(a) The expenses of the operations of this
chapter, including the maintenance of offices.
(b) The salary of the Executive Officer who must
be named by the Board.
(c) A salary to each member of the Board of not
more than $150 per day, as fixed by the Board, while engaged in the business of
the Board.
(d) A per diem allowance and travel expenses for
each member and employee of the Board, at a rate fixed by the Board, while
engaged in the business of the Board. The rate must not exceed the rate
provided for state officers and employees generally.
2. The Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant to this
chapter, impose and collect fines therefor and deposit the money therefrom in
banks, credit unions or savings and loan associations in this State.
3. Except as otherwise provided in NRS 624.520, if a hearing officer or panel is not
authorized to take disciplinary action pursuant to subsection 2, the Board
shall deposit any money collected from the imposition of fines with the State
Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580.
[2:Art. V:186:1941; 1931 NCL § 1474.28]—(NRS A 1963,
146; 1975, 302; 1981,
1991; 1985,
1052; 1989,
1694; 1993,
883; 1999,
1528; 2001,
2411; 2007,
2941)
NRS 624.150 Election and duties of Treasurer; disposition of money.
1. The Board shall elect one of its
members as Treasurer.
2. All money received by the Board shall
be turned over to the Treasurer who shall keep books of account and who is
authorized to deposit the money in banks, credit unions or savings and loan
associations in the State of Nevada, and to expend money necessary for the
operation of the Board under the terms of this chapter when the expenses have
been approved by the Board.
3. All balances at any time in the
possession of the Treasurer shall be subject to legislative disposition.
[3:Art. V:186:1941; 1931 NCL § 1474.29]—(NRS A 1963,
146; 1999, 1529)
NRS 624.160 Administration of chapter; provision of information to public
concerning contractors and contracting; advisory opinions; investigation of
persons acting as contractors.
1. The Board is vested with all of the
functions and duties relating to the administration of this chapter.
2. The Board shall:
(a) Carry out a program of education for
customers of contractors.
(b) Maintain and make known a telephone number
for the public to obtain information about self-protection from fraud in
construction and other information concerning contractors and contracting.
(c) Collect and maintain records, reports and
compilations of statistical data concerning investigations and complaints.
3. The Board may provide advisory opinions
and take other actions that are necessary for the effective administration of
this chapter and the regulations of the Board.
4. The Board may, on its own motion, and
shall, upon receipt of a written complaint or upon receipt of information from
a governmental agency, investigate the actions of any person acting in the
capacity of a contractor, with or without a license.
[Part 5:Art. I:186:1941; 1931 NCL § 1474.05]—(NRS A 1997, 2687; 2007, 857)
NRS 624.165 Investigation of constructional fraud.
1. The Board shall:
(a) Designate one or more of its employees for
the investigation of constructional fraud;
(b) Cooperate with other local, state or federal
investigative and law enforcement agencies, and the Attorney General;
(c) Assist the Attorney General or any official
of an investigative or a law enforcement agency of this State, any other state
or the Federal Government who requests assistance in investigating any act of
constructional fraud; and
(d) Furnish to those officials any information
concerning its investigation or report on any act of constructional fraud.
2. The Board may obtain records of a law
enforcement agency or any other agency that maintains records of criminal
history, including, without limitation, records of:
(a) Arrests;
(b) Guilty and guilty but mentally ill pleas;
(c) Sentencing;
(d) Probation;
(e) Parole;
(f) Bail;
(g) Complaints; and
(h) Final dispositions,
Ê for the
investigation of constructional fraud.
3. For the purposes of this section,
constructional fraud occurs if a person engaged in construction knowingly:
(a) Misapplies money under the circumstances
described in NRS 205.310;
(b) Obtains money, property or labor by false
pretense as described in NRS 205.380;
(c) Receives payments and fails to state his or
her own true name, or states a false name, contractor’s license number, address
or telephone number of the person offering a service;
(d) Diverts money or commits any act of theft,
forgery, fraud or embezzlement, in connection with a construction project, that
violates a criminal statute of this State;
(e) Acts as a contractor without:
(1) Possessing a contractor’s license
issued pursuant to this chapter; or
(2) Possessing any other license required
by this State or a political subdivision of this State;
(f) In any report relating to a contract for a
public work, submits false information concerning a payroll to a public officer
or agency; or
(g) Otherwise fails to disclose a material fact.
(Added to NRS by 1997, 2686; A 1999, 2954; 2003, 1900, 2140; 2007, 1469)
NRS 624.170 Administration of oaths; taking of testimony and proofs;
issuance of subpoenas.
1. Any member of the Board or the Executive
Officer may take testimony and proofs concerning all matters within the
jurisdiction of the Board.
2. The Board or any member thereof, or the
Executive Officer, may:
(a) Administer oaths.
(b) Certify to all official acts.
(c) Issue subpoenas for the attendance of
witnesses and the production of records, books and papers in connection with
any hearing, investigation or other proceeding of the Board.
[Part 6:Art. I:186:1941; A 1943, 83; 1955, 378]—(NRS
A 1985, 1052;
1987, 1046;
1999, 2955)
NRS 624.180 Service of process.
1. Any process issued by the Board or the
Executive Officer may extend to all parts of the State and may be served by an
investigator for the Board or any person authorized to serve process of courts
of record.
2. The Board may compensate any person
serving the process who is not an investigator for the Board, but not more than
the fees prescribed by law for similar service. The fees must be paid in the
same manner as other expenses of the Board are paid.
[Part 6:Art. I:186:1941; A 1943, 83; 1955, 378]—(NRS
A 1985, 1055;
1987, 1046)
NRS 624.190 Action by district court to compel attendance of witness or
production of records, books or papers.
1. The district court in and for the
county in which any hearing, investigation or other proceeding is held by the
Board may compel the attendance of witnesses, the giving of testimony and the
production of records, books and papers as required by any subpoena issued by
the Board or the Executive Officer.
2. In case of the refusal of any witness
to attend or testify or produce any items required by the subpoena, the Board
may report to the district court in and for the county in which the hearing,
investigation or other proceeding will be held by petition, setting forth that:
(a) Due notice has been given of the time and
place of attendance of the witness or the production of the records, books or
papers;
(b) The witness has been subpoenaed in the manner
prescribed in this chapter; and
(c) The witness has failed and refused to attend
or produce the items required by subpoena before the Board in the cause or
proceeding named in the subpoena, or has refused to answer questions propounded
to him or her in the course of the hearing, investigation or other proceeding,
Ê and ask an
order of the court compelling the witness to attend and testify or produce the
records, books or papers before the Board.
3. The court, upon petition of the Board,
shall enter an order directing the witness to appear before the court at a time
and place to be fixed by the court in the order, the time to be not more than
10 days after the date of the order, and then and there show cause why the
witness has not attended or testified or produced the records, books or papers
before the Board. A certified copy of the order must be served upon the
witness.
4. If it appears to the court that the
subpoena was regularly issued by the Board or the Executive Officer, the court
shall thereupon enter an order that the witness appear before the Board at the
time and place fixed in the order and testify or produce the required records,
books or papers. Upon failure to obey the order, the witness must be dealt with
as for contempt of court.
[Part 6:Art. I:186:1941; A 1943, 83; 1955, 378]—(NRS
A 1987, 1046;
1999, 2955)
NRS 624.200 Deposition of witness. The
Board may in any hearing, investigation or other proceeding before it cause the
depositions of witnesses residing within or without the State to be taken in
the manner prescribed by the Nevada Rules of Civil Procedure for like
depositions in civil actions in the district courts of this State, and to that
end may compel the attendance of witnesses and the production of records, books
and papers.
[Part 6:Art. I:186:1941; A 1943, 83; 1955, 378]—(NRS
A 1987, 1047;
1999, 2956)
NRS 624.210 Right of party to compel attendance of witness or taking of
deposition. Any party to any
hearing, investigation or other proceeding before the Board has the right to
the attendance of witnesses in his or her behalf at the hearing, investigation
or other proceeding or upon deposition as set forth in this chapter upon making
a request therefor to the Board and designating the person sought to be
subpoenaed.
[Part 6:Art. I:186:1941; A 1943, 83; 1955, 378]—(NRS
A 1987, 1047;
1999, 2956)
NRS 624.212 Violation of chapter: Cease and desist order; injunction; fine.
1. The Executive Officer, on behalf of the
Board, shall issue an order to cease and desist to any person:
(a) Acting as a contractor, including, without
limitation, commencing work as a contractor; or
(b) Submitting a bid on a job situated in this
State,
Ê without an
active license of the proper classification issued pursuant to this chapter.
The order must be served personally or by certified mail and is effective upon
receipt.
2. If it appears that any person has
engaged in acts or practices which constitute a violation of this chapter or
the violation of an order issued pursuant to subsection 1, the Board may
request the Attorney General, the district attorney of the county in which the
alleged violation occurred or the district attorney of any other county in
which that person maintains a place of business or resides to apply on behalf
of the Board to the district court for an injunction restraining the person
from acting in violation of this chapter. Upon a proper showing, a temporary
restraining order, a preliminary injunction or a permanent injunction may be
granted. The Board as plaintiff in the action is not required to prove any
irreparable injury.
3. In seeking injunctive relief against
any person for an alleged violation of NRS 624.700,
it is sufficient to allege that the person did, upon a certain day and in a
certain county of this State:
(a) Act as a contractor, including, without
limitation, commence work as a contractor; or
(b) Submit a bid on a job situated in this State,
Ê without
having an active license of the proper classification issued pursuant to this
chapter, without alleging any further or more particular facts concerning the
matter.
4. The issuance of a restraining order or
an injunction does not relieve the person against whom the restraining order or
injunction is issued from criminal prosecution for practicing without a
license.
5. If the court finds that a person
willfully violated an order issued pursuant to subsection 1, it shall impose a
fine of not less than $250 nor more than $1,000 for each violation of the
order.
(Added to NRS by 1975, 1160; A 1983, 311, 509; 1987, 1047, 1138; 1995, 926; 2003, 2141)
CLASSIFICATIONS
NRS 624.215 Contracting business.
1. For the purpose of classification, the
contracting business includes the following branches:
(a) General engineering contracting.
(b) General building contracting.
(c) Specialty contracting.
Ê General
engineering contracting and general building contracting are mutually exclusive
branches.
2. A general engineering contractor is a
contractor whose principal contracting business is in connection with fixed
works, including irrigation, drainage, water supply, water power, flood
control, harbors, railroads, highways, tunnels, airports and airways, sewers
and sewage disposal systems, bridges, inland waterways, pipelines for
transmission of petroleum and other liquid or gaseous substances, refineries,
chemical plants and industrial plants requiring a specialized engineering
knowledge and skill, power plants, piers and foundations and structures or work
incidental thereto.
3. A general building contractor is a
contractor whose principal contracting business is in connection with the
construction or remodeling of buildings or structures for the support, shelter
and enclosure of persons, animals, chattels or movable property of any kind,
requiring in their construction the use of more than two unrelated building
trades or crafts, upon which he or she is a prime contractor and where the
construction or remodeling of a building is the primary purpose. Unless he or
she holds the appropriate specialty license, a general building contractor may
only contract to perform specialty contracting if he or she is a prime
contractor on a project. A general building contractor shall not perform
specialty contracting in plumbing, electrical, refrigeration and
air-conditioning or fire protection without a license for the specialty. A
person who exclusively constructs or repairs mobile homes, manufactured homes
or commercial coaches is not a general building contractor.
4. A specialty contractor is a contractor
whose operations as such are the performance of construction work requiring
special skill and whose principal contracting business involves the use of
specialized building trades or crafts.
5. This section does not prevent the Board
from establishing, broadening, limiting or otherwise effectuating
classifications in a manner consistent with established custom, usage and
procedure found in the building trades. The Board is specifically prohibited
from establishing classifications in such a manner as to determine or limit
craft jurisdictions.
(Added to NRS by 1967, 1594; A 1971, 600; 1983, 311; 1997, 212, 2687)
NRS 624.218 Classification for persons who construct or improve video
service networks.
1. The Board shall adopt by regulation a
classification of licensing for persons who construct or improve video service
networks. Except as otherwise provided in subsection 2, a person who engages in
such construction, alteration or improvement must be licensed in this
classification and may not be required to be licensed in any other
classification.
2. The licensing requirements adopted
pursuant to subsection 1 do not apply to a person who is engaged solely in the
alteration or repair of antennae used by a community antenna television system.
3. As used in this section, “video service
network” has the meaning ascribed to it in NRS
711.145.
(Added to NRS by 1989, 1997; A 2007, 1401)
NRS 624.220 Contractors.
1. The Board shall adopt regulations
necessary to effect the classification and subclassification of contractors in
a manner consistent with established usage and procedure as found in the
construction business, and may limit the field and scope of the operations of a
licensed contractor to those in which the contractor is classified and
qualified to engage as defined by NRS 624.215 and
the regulations of the Board.
2. The Board shall limit the field and
scope of the operations of a licensed contractor by establishing a monetary
limit on a contractor’s license, and the limit must be the maximum contract a
licensed contractor may undertake on one or more construction contracts on a
single construction site or subdivision site for a single client. The Board may
take any other action designed to limit the field and scope of the operations
of a contractor as may be necessary to protect the health, safety and general
welfare of the public. The limit must be determined after consideration of the
factors set forth in NRS 624.260 to 624.265, inclusive.
3. A licensed contractor may request that
the Board increase the monetary limit on his or her license, either on a
permanent basis or for a single construction project. A request submitted to
the Board pursuant to this subsection must be in writing on a form prescribed
by the Board and accompanied by such supporting documentation as the Board may
require. A request submitted pursuant to this section for a single construction
project must be submitted to the Board at least 5 working days before the date
on which the licensed contractor intends to submit a bid for the project and
must be approved by the Board before the submission of a bid by the contractor
for the project.
4. Subject to the provisions of
regulations adopted pursuant to subsection 5, nothing contained in this section
prohibits a specialty contractor from taking and executing a contract involving
the use of two or more crafts or trades, if the performance of the work in the
crafts or trades, other than in which the specialty contractor is licensed, is
incidental and supplemental to the performance of work in the craft for which
the specialty contractor is licensed.
5. The Board shall adopt regulations
establishing a specific limit on the amount of asbestos that a licensed
contractor with a license that is not classified for the abatement or removal
of asbestos may abate or remove pursuant to subsection 4.
[1:Art. III—A:186:1941; added 1945, 296; 1943 NCL §
1474.21a]—(NRS A 1960, 353; 1963, 694; 1967, 1592; 1971, 180; 1979, 321; 1999, 2178, 2956; 2007, 1550; 2011, 199)
LICENSES
NRS 624.240 Issuance of licenses; use of examinations to investigate,
classify and qualify applicants; additional qualifications for master’s
license; transitory provision.
1. Under reasonable regulations adopted by
the Board, the Board may investigate, classify and qualify applicants for
contractors’ licenses by written or oral examinations, or both, and may issue
contractors’ licenses to qualified applicants. The examinations may, in the
discretion of the Board, be given in specific classifications only.
2. If a natural person passes the
technical examination given by the Board on or after July 1, 1985, to qualify
for a classification established pursuant to this chapter, demonstrates to the
Board the degree of experience and knowledge required in the regulations of the
Board, and is granted a license, the person is qualified for a master’s
license, if issued by any political subdivision, in the classification for
which the examination was given, if the examination required the person to
demonstrate his or her knowledge and ability to:
(a) Utilize and understand;
(b) Direct and supervise work in compliance with;
and
(c) Perform and apply any calculations required
to ensure that work performed is in compliance with,
Ê the
applicable codes, standards and regulations.
3. If a natural person qualified for a
license before July 1, 1985, in accordance with NRS
624.260 in a trade for which a master’s license is required by any
political subdivision, and if the license is active on or after July 1, 1985,
and if the person so qualified wishes to obtain a master’s license, the person
must pass either the appropriate examination given by the Board on or after
July 1, 1985, in accordance with NRS 624.260 and
the regulations of the Board, or the examination given by the political
subdivision in the trade for which a master’s license is required.
[1:Art. IV:186:1941; A 1945, 296; 1953, 521; 1955,
378]—(NRS A 1985,
1056)
NRS 624.241 Program for issuance of license in expedited manner. The Board may establish a program for the
issuance of a license in an expedited manner. The Board shall not allow the
operation of the program for the issuance of a license in an expedited manner
to affect adversely the amount of time the Board requires to issue any other
contractor’s license.
(Added to NRS by 1999, 2177)
NRS 624.245 Prohibition of certain violators from examination. The Board may prohibit a person who has been
convicted of violating NRS 624.700 or 624.740 from taking a written or oral examination for
a contractor’s license for a period of not more than 6 months from the date of
conviction.
(Added to NRS by 1975, 1159; A 1995, 927)
NRS 624.250 Application for license: Contents; fees; contributions to
Construction Education Account.
1. To obtain or renew a license, an
applicant must submit to the Board an application in writing containing:
(a) The statement that the applicant desires the
issuance of a license under the terms of this chapter.
(b) The street address or other physical location
of the applicant’s place of business.
(c) The name of a person physically located in
this State for service of process on the applicant.
(d) The street address or other physical location
in this State and, if different, the mailing address, for service of process on
the applicant.
(e) Except as otherwise provided in paragraph (f)
or (g), the names and physical and mailing addresses of any owners, partners,
officers, directors, members and managerial personnel of the applicant.
(f) If the applicant is a corporation, the names
and physical and mailing addresses of the president, secretary, treasurer, any
officers responsible for contracting activities in this State, any officers
responsible for renewing the license of the applicant, any persons used by the
applicant to qualify pursuant to NRS 624.260 and
any other persons required by the Board.
(g) If the applicant is a limited-liability
company, the names and physical and mailing addresses of any managers or
members with managing authority, any managers or members responsible for
contracting activities in this State, any managers or members responsible for
renewing the license of the applicant, any persons used by the applicant to
qualify pursuant to NRS 624.260 and any other
persons required by the Board.
(h) Any information requested by the Board to
ascertain the background, financial responsibility, experience, knowledge and
qualifications of the applicant.
(i) All information required to complete the
application.
2. The application must be:
(a) Made on a form prescribed by the Board in
accordance with the rules and regulations adopted by the Board.
(b) Accompanied by the application fee fixed by
this chapter.
3. The Board shall include on an
application form for the issuance or renewal of a license, a method for allowing
an applicant to make a monetary contribution to the Construction Education
Account created pursuant to NRS 624.580. The
application form must state in a clear and conspicuous manner that a
contribution to the Construction Education Account is voluntary and is in
addition to any fees required for licensure. If the Board receives a
contribution from an applicant, the Board shall deposit the contribution with
the State Treasurer for credit to the Construction Education Account.
4. Before issuing a license to any
applicant, the Board shall require the applicant to pay the license fee fixed
by this chapter and, if applicable, any assessment required pursuant to NRS 624.470.
[2:Art. IV:186:1941; 1931 NCL § 1474.23]—(NRS A 1997, 2113; 1999, 2957; 2001, 2411; 2005, 2705, 2807; 2007, 857)
NRS 624.253 Application for one or more classifications; additional
application and fee for license may be required.
1. A licensee may make application for
classification and be classified in one or more classifications if the licensee
meets the qualifications prescribed by the Board for such additional
classification or classifications.
2. An additional application and license
fee may be charged for qualifying or classifying a licensee in additional
classifications.
(Added to NRS by 1967, 1594)
NRS 624.254 Issuance or renewal of license under name likely to result in
confusion or mistake prohibited. No
license may be issued or renewed by the Board under a name which:
1. Is the same as the name of another
licensee;
2. So resembles the name of another
licensee that the Board determines that it is likely to result in confusion or
mistake; or
3. The Board determines is likely to
mislead the general public.
(Added to NRS by 1987, 1138; A 1993, 926)
NRS 624.2545 Denial of application for issuance or renewal of license:
Notice; request for hearing; hearing.
1. If the Board denies an application for
issuance or renewal of a license pursuant to this chapter, the Board shall send
by certified mail, return receipt requested, written notice of the denial to
the most current address of the applicant set forth in the records of the
Board.
2. A notice of denial must include,
without limitation, a statement which explains that the applicant has a right
to a hearing before the Board if the applicant submits a written request for
such a hearing to the Board within 60 days after the notice of denial is sent
to the address of the applicant pursuant to this section.
3. If an applicant who receives a notice
of denial pursuant to this section desires to have the denial reviewed at a
hearing before the Board, the applicant must submit a written request for a
hearing before the Board concerning the denial within 60 days after the notice
of denial is sent to the applicant’s address. If an applicant does not submit
notice in accordance with this subsection, the applicant’s right to a hearing
shall be deemed to be waived.
4. Except as otherwise provided in this
subsection, if the Board receives notice from an applicant pursuant to
subsection 3, the Board shall hold a hearing on the decision to deny the
application of the applicant within 90 days after the date the Board receives
notice pursuant to subsection 3. If an applicant requests a continuance and the
Board grants the continuance, the hearing required pursuant to this subsection
may be held more than 90 days after the date the Board receives notice pursuant
to subsection 3.
(Added to NRS by 2001, 2409)
NRS 624.256 Proof of industrial insurance; notification of Fraud Control
Unit for Industrial Insurance of failure to obtain industrial insurance;
disciplinary action; penalty for failure to pay contributions to Unemployment
Compensation Fund.
1. Before granting an original or renewal
of a contractor’s license to any applicant, the Board shall require that the
applicant submit to the Board:
(a) Proof of industrial insurance and insurance
for occupational diseases which covers the applicant’s employees;
(b) A copy of the applicant’s certificate of
qualification as a self-insured employer which was issued by the Commissioner
of Insurance;
(c) If the applicant is a member of an
association of self-insured public or private employers, a copy of the
certificate issued to the association by the Commissioner of Insurance; or
(d) An affidavit signed by the applicant
affirming that he or she is not subject to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS because the applicant:
(1) Has no employees;
(2) Is not or does not intend to be a
subcontractor for a principal contractor; and
(3) Has not or does not intend to submit a
bid on a job for a principal contractor or subcontractor.
2. The Board shall notify the Fraud
Control Unit for Industrial Insurance established pursuant to NRS 228.420 whenever the Board learns that
an applicant or holder of a contractor’s license has engaged in business as or
acted in the capacity of a contractor within this State without having obtained
or maintained industrial insurance or insurance for occupational diseases in
violation of the provisions of chapters 616A
to 617, inclusive, of NRS.
3. Failure by an applicant or holder of a
contractor’s license to file or maintain in full force the required industrial
insurance and insurance for occupational diseases constitutes cause for the
Board to deny, revoke, suspend, refuse to renew or otherwise discipline the
person, unless the person has complied with the provisions set forth in
paragraph (d) of subsection 1.
4. As soon as practicable, but not more
than 3 business days after receiving notice from the Department of Employment,
Training and Rehabilitation pursuant to NRS
612.642 that a judgment has been obtained against a contractor for failure
to pay contributions to the Unemployment Compensation Fund or from the Division
of Industrial Relations of the Department of Business and Industry pursuant to NRS 616B.630 that a contractor is not in
full compliance with the requirements of chapters
616A to 617, inclusive, of NRS, the Board
shall notify the contractor by mail at the last known address of the
contractor, as it appears in the records of the Board, that the Board will
suspend the license of the contractor if the contractor does not furnish proof,
within 30 days after the date of the notice sent by the Board, that the
contractor has satisfied the judgment reported to the Board pursuant to NRS 612.642 or is in full compliance with
the requirements of chapters 616A to 617, inclusive, of NRS.
5. If the contractor fails to furnish
proof, within 30 days after the date of the notice sent by the Board pursuant
to subsection 4, that the contractor has satisfied the judgment reported to the
Board pursuant to NRS 612.642 or is in
full compliance with the requirements of chapters
616A to 617, inclusive, of NRS, the Board
shall, as soon as practicable, but not more than 3 business days after the
expiration of the 30-day period, for a first offense:
(a) Summarily suspend the license of the
contractor without further notice pursuant to subsection 4 of NRS 624.291; and
(b) Require the contractor to submit to the Board
a list of all projects for which the contractor has unfulfilled contractual
obligations where the contract was entered into on or before the date of the
notice sent by the Board pursuant to subsection 4.
6. If a contractor’s license is suspended
pursuant to paragraph (a) of subsection 5:
(a) The suspension must continue until the
contractor furnishes proof that the contractor has satisfied the judgment
reported to the Board pursuant to NRS
612.642 or is in full compliance with the requirements of chapters 616A to 617,
inclusive, of NRS;
(b) During the term of the suspension, the
contractor shall not submit any bids for any new work or begin work on any
project not described in the list submitted to the Board pursuant to paragraph
(b) of subsection 5; and
(c) The Board shall notify:
(1) The Office of the Labor Commissioner,
which shall, as soon as practicable, but not more than 3 business days after
receipt of the notice, add the name of the contractor to the list of
contractors who are disqualified to bid on public works; and
(2) The State Public Works Board, which
shall, as soon as practicable, but not more than 3 business days after receipt
of the notice, add the name of the contractor to the list of contractors who
are not prequalified to bid on public works.
7. If the name of a contractor is added to
a list pursuant to paragraph (c) of subsection 6, the Office of the Labor
Commissioner or the State Public Works Board, as applicable, shall remove the
name from the list when notified by the Board that the suspension has been
lifted pursuant to paragraph (a) of subsection 6.
8. If the Board finds that a contractor
has failed to provide a complete list of projects in accordance with paragraph
(b) of subsection 5 or has violated paragraph (b) of subsection 6, the Board
shall:
(a) For a first offense, suspend the contractor’s
license for an additional 12 months after the contractor furnishes the proof
described in paragraph (a) of subsection 6; and
(b) For a second or subsequent offense, conduct a
hearing pursuant to NRS 624.291, and, if it is
determined at the hearing that a second or subsequent offense has been
committed, revoke the contractor’s license.
9. If a contractor for whom the suspension
of a contractor’s license has been lifted after providing the proof required
pursuant to paragraph (a) of subsection 6 receives notice from the Board
pursuant to subsection 4 within 5 years after the date of reinstatement and the
contractor fails to furnish proof, within 30 days after the date of the notice
sent by the Board, that the contractor has satisfied the judgment reported to
the Board pursuant to NRS 612.642 or is
in full compliance with the requirements of chapters
616A to 617, inclusive, of NRS, the Board
shall conduct a hearing pursuant to NRS 624.291
and, if it is determined at the hearing that a second or subsequent offense has
been committed within a 5-year period, revoke the contractor’s license.
(Added to NRS by 1983, 541; A 1987, 1138; 1993, 781; 1995, 1879; 1999, 237; 2007, 858; 2013, 2208)
NRS 624.260 Applicant or licensee to demonstrate experience, knowledge and
financial responsibility; qualifications concerning experience and knowledge;
limitations on qualifications of natural person.
1. The Board shall require an applicant or
licensee to show such a degree of experience, financial responsibility and such
general knowledge of the building, safety, health and lien laws of the State of
Nevada and the administrative principles of the contracting business as the
Board deems necessary for the safety and protection of the public.
2. An applicant or licensee may qualify in
regard to his or her experience and knowledge in the following ways:
(a) If a natural person, the applicant or
licensee may qualify by personal appearance or by the appearance of his or her
responsible managing employee.
(b) If a copartnership, a corporation or any
other combination or organization, it may qualify by the appearance of the
responsible managing officer or member of the personnel of the applicant firm.
Ê If an
applicant or licensee intends to qualify pursuant to this subsection by the
appearance of another person, the applicant or licensee shall submit to the
Board such information as the Board determines is necessary to demonstrate the
duties and responsibilities of the other person so appearing with respect to
the supervision and control of the operations of the applicant or licensee
relating to construction.
3. The natural person qualifying on behalf
of another natural person or firm under paragraphs (a) and (b) of subsection 2
must prove that he or she is a bona fide member or employee of that person or
firm and when his or her principal or employer is actively engaged as a
contractor shall exercise authority in connection with the principal or
employer’s contracting business in the following manner:
(a) To make technical and administrative
decisions;
(b) To hire, superintend, promote, transfer, lay
off, discipline or discharge other employees and to direct them, either by
himself or herself or through others, or effectively to recommend such action
on behalf of the principal or employer; and
(c) To devote himself or herself solely to the
principal or employer’s business and not to take any other employment which
would conflict with his or her duties under this subsection.
4. A natural person may not qualify on
behalf of another for more than one active license unless:
(a) One person owns at least 25 percent of each
licensee for which the person qualifies; or
(b) One licensee owns at least 25 percent of the
other licensee.
5. Except as otherwise provided in
subsection 6, in addition to the other requirements set forth in this section,
each applicant for licensure as a contractor must have had, within the 10 years
immediately preceding the filing of the application for licensure, at least 4
years of experience as a journeyman, foreman, supervising employee or
contractor in the specific classification in which the applicant is applying
for licensure. Training received in a program offered at an accredited college
or university or an equivalent program accepted by the Board may be used to
satisfy not more than 3 years of experience required pursuant to this subsection.
6. If the applicant who is applying for
licensure has previously qualified for a contractor’s license in the same
classification in which the applicant is applying for licensure, the experience
required pursuant to subsection 5 need not be accrued within the 10 years
immediately preceding the application.
7. As used in this section, “journeyman”
means a person who:
(a) Is fully qualified to perform, without
supervision, work in the classification in which the person is applying for
licensure; or
(b) Has successfully completed:
(1) A program of apprenticeship for the
classification in which the person is applying for licensure that has been
approved by the State Apprenticeship Council; or
(2) An equivalent program accepted by the
Board.
[3:Art. IV:186:1941; A 1951, 47]—(NRS A 1967, 1593; 1985, 1056; 1999, 2179)
NRS 624.262 Financial responsibility of applicant or licensee: Demonstration
required. A licensee or an
applicant for a contractor’s license must prove financial responsibility by
demonstrating that his or her past and current financial solvency and expectations
for financial solvency in the future are such as to provide the Board with a
reasonable expectation that the licensee or applicant can successfully do
business as a contractor without jeopardy to the public health, safety and
welfare.
(Added to NRS by 1999, 2953)
NRS 624.263 Financial responsibility of applicant or licensee: Standards and
criteria for determination.
1. The financial responsibility of a
licensee or an applicant for a contractor’s license must be established
independently of and without reliance on any assets or guarantees of any owners
or managing officers of the licensee or applicant, but the financial
responsibility of any owners or managing officers of the licensee or applicant
may be inquired into and considered as a criterion in determining the financial
responsibility of the licensee or applicant.
2. The financial responsibility of an
applicant for a contractor’s license or of a licensed contractor may be
determined by using the following standards and criteria in connection with
each applicant or contractor and each associate or partner thereof:
(a) Amount of net worth.
(b) Amount of liquid assets.
(c) Amount of current assets.
(d) Amount of current liabilities.
(e) Amount of working capital.
(f) Ratio of current assets to current
liabilities.
(g) Fulfillment of bonding requirements pursuant
to NRS 624.270.
(h) Prior payment and credit records.
(i) Previous business experience.
(j) Prior and pending lawsuits.
(k) Prior and pending liens.
(l) Adverse judgments.
(m) Conviction of a felony or crime involving
moral turpitude.
(n) Prior suspension or revocation of a
contractor’s license in Nevada or elsewhere.
(o) An adjudication of bankruptcy or any other
proceeding under the federal bankruptcy laws, including:
(1) A composition, arrangement or
reorganization proceeding;
(2) The appointment of a receiver of the
property of the applicant or contractor or any officer, director, associate or
partner thereof under the laws of this State or the United States; or
(3) The making of an assignment for the
benefit of creditors.
(p) Form of business organization, corporate or
otherwise.
(q) Information obtained from confidential
financial references and credit reports.
(r) Reputation for honesty and integrity of the
applicant or contractor or any officer, director, associate or partner thereof.
3. A licensed contractor shall, as soon as
it is reasonably practicable, notify the Board in writing upon the filing of a
petition or application relating to the contractor that initiates any
proceeding, appointment or assignment set forth in paragraph (o) of subsection
2. The written notice must be accompanied by:
(a) A copy of the petition or application filed
with the court; and
(b) A copy of any order of the court which is
relevant to the financial responsibility of the contractor, including any order
appointing a trustee, receiver or assignee.
4. Before issuing a license to an
applicant who will engage in residential construction or renewing the license
of a contractor who engages in residential construction, the Board may require
the applicant or licensee to establish financial responsibility by submitting
to the Board:
(a) A financial statement that is:
(1) Prepared by a certified public
accountant; or
(2) Submitted on a form or in a format
prescribed by the Board together with an affidavit which verifies the accuracy
of the financial statement; and
(b) A statement setting forth the number of
building permits issued to and construction projects completed by the licensee
during the immediately preceding year and any other information required by the
Board. The statement submitted pursuant to this paragraph must be provided on a
form approved by the Board.
5. In addition to the requirements set
forth in subsection 4, the Board may require a licensee to establish financial
responsibility at any time.
6. An applicant for an initial
contractor’s license or a licensee applying for the renewal of a contractor’s
license has the burden of demonstrating financial responsibility to the Board,
if the Board requests the applicant or licensee to do so.
(Added to NRS by 1967, 1594; A 1969, 939; 1993, 926; 1999, 2958; 2001, 2412; 2005, 1200; 2007, 859)
NRS 624.264 Financial responsibility of applicant or licensee: Additional
requirements for certain applicants and licensees engaged in residential
construction.
1. In addition to any other requirements
set forth in this chapter, if an applicant will engage in residential
construction and the applicant or the natural person qualifying on behalf of
the applicant pursuant to NRS 624.260 has not held
a contractor’s license issued pursuant to this chapter within the 2 years
immediately preceding the date that the application is submitted to the Board,
the Board shall require the applicant to establish financial responsibility by
submitting to the Board:
(a) A financial statement that is:
(1) Prepared by an independent certified
public accountant; or
(2) Submitted on a form or in a format
prescribed by the Board together with an affidavit which verifies the accuracy
of the financial statement; and
(b) Any other information required by the Board.
2. Before the Board may issue a
contractor’s license to the applicant, the Board must determine whether, based
on the financial information concerning the applicant, it would be in the
public interest to do any or all of the following:
(a) Require the applicant to obtain the services
of a construction control with respect to any money that the applicant requires
a purchaser of a new residence to pay in advance to make upgrades to the new
residence. If the Board imposes such a requirement, the applicant may not:
(1) Be related to the construction control
or to an employee or agent of the construction control; or
(2) Hold, directly or indirectly, a
financial interest in the business of the construction control.
(b) Establish an aggregate monetary limit on the
contractor’s license, which must be the maximum combined monetary limit on all
contracts that the applicant may undertake or perform as a licensed contractor
at any one time, regardless of the number of contracts, construction sites,
subdivision sites or clients. If the Board establishes such a limit, the Board:
(1) Shall determine the period that the
limit is in effect; and
(2) During that period, may increase or
decrease the limit as the Board deems appropriate.
3. If the Board issues a contractor’s
license to an applicant described in subsection 1, for the first 2 years after
the issuance of the license, the licensee must submit to the Board, with each
application for renewal of the license:
(a) A financial statement that is:
(1) Prepared by an independent certified
public accountant; or
(2) Submitted on a form or in a format
prescribed by the Board together with an affidavit which verifies the accuracy
of the financial statement; and
(b) A statement setting forth the number of
building permits issued to and construction projects completed by the licensee
during the immediately preceding year and any other information required by the
Board. The statement submitted pursuant to this paragraph must be provided on a
form approved by the Board.
4. Before the Board may renew the
contractor’s license of the licensee, the Board must determine whether, based
on the financial information concerning the licensee, it would be in the public
interest to do any or all of the following:
(a) Require the licensee to obtain the services
of a construction control with respect to any money that the licensee requires
a purchaser of a new residence to pay in advance to make upgrades to the new
residence. If the Board imposes such a requirement, the licensee may not:
(1) Be related to the construction control
or to an employee or agent of the construction control; or
(2) Hold, directly or indirectly, a
financial interest in the business of the construction control.
(b) Establish an aggregate monetary limit on the contractor’s
license, which must be the maximum combined monetary limit on all contracts
that the licensee may undertake or perform as a licensed contractor at any one
time, regardless of the number of contracts, construction sites, subdivision
sites or clients. If the Board establishes such a limit, the Board:
(1) Shall determine the period that the
limit is in effect; and
(2) During that period, may increase or
decrease the limit as the Board deems appropriate.
(Added to NRS by 2003, 1897; A 2005, 1202)
NRS 624.265 Good character of applicant or licensed contractor and certain
associates; grounds for establishment of lack of good character; background
investigation; confidentiality of results of background investigation; fee for
processing fingerprints; Board may obtain criminal history.
1. An applicant for a contractor’s license
or a licensed contractor and each officer, director, partner and associate
thereof must possess good character. Lack of character may be established by
showing that the applicant or licensed contractor, or any officer, director,
partner or associate thereof, has:
(a) Committed any act which would be grounds for
the denial, suspension or revocation of a contractor’s license;
(b) A bad reputation for honesty and integrity;
(c) Entered a plea of guilty, guilty but mentally
ill or nolo contendere to, been found guilty or guilty but mentally ill of, or
been convicted, in this State or any other jurisdiction, of a crime arising out
of, in connection with or related to the activities of such person in such a
manner as to demonstrate his or her unfitness to act as a contractor, and the
time for appeal has elapsed or the judgment of conviction has been affirmed on
appeal; or
(d) Had a license revoked or suspended for
reasons that would preclude the granting or renewal of a license for which the
application has been made.
2. Upon the request of the Board, an
applicant for a contractor’s license, and any officer, director, partner or
associate of the applicant, must submit to the Board completed fingerprint
cards and a form authorizing an investigation of the applicant’s background and
the submission of the fingerprints to the Central Repository for Nevada Records
of Criminal History and the Federal Bureau of Investigation. The fingerprint
cards and authorization form submitted must be those that are provided to the
applicant by the Board. The applicant’s fingerprints may be taken by an agent
of the Board or an agency of law enforcement.
3. Except as otherwise provided in NRS 239.0115, the Board shall keep the
results of the investigation confidential and not subject to inspection by the
general public.
4. The Board shall establish by regulation
the fee for processing the fingerprints to be paid by the applicant. The fee
must not exceed the sum of the amounts charged by the Central Repository for
Nevada Records of Criminal History and the Federal Bureau of Investigation for
processing the fingerprints.
5. The Board may obtain records of a law
enforcement agency or any other agency that maintains records of criminal
history, including, without limitation, records of:
(a) Arrests;
(b) Guilty and guilty but mentally ill pleas;
(c) Sentencing;
(d) Probation;
(e) Parole;
(f) Bail;
(g) Complaints; and
(h) Final dispositions,
Ê for the
investigation of a licensee or an applicant for a contractor’s license.
(Added to NRS by 1967, 1595; A 1995, 2476; 1999, 2180, 2959; 2003, 1497; 2005, 1203; 2007, 1470, 2131)
NRS 624.266 Duty of applicant or licensee to disclose certain information to
Board.
1. An applicant for a contractor’s license
or a licensee shall notify the Board in writing if he or she is convicted of,
or enters a plea of guilty, guilty but mentally ill or nolo contendere to:
(a) A crime against a child as that term is
defined in NRS 179.245;
(b) A sexual offense as that term is defined in NRS 179.245;
(c) Murder as that term is defined in NRS 200.010;
(d) Voluntary manslaughter as that term is
defined in NRS 200.050; or
(e) Any other felony or crime involving moral
turpitude if the conviction occurred or the plea was entered in the immediately
preceding 15 years,
Ê in this
State or any other jurisdiction.
2. An applicant for a contractor’s license
or a licensee shall submit the notification required by subsection 1 not more
than 30 days after the conviction or entry of the plea of guilty, guilty but
mentally ill or nolo contendere.
(Added to NRS by 2011, 1882)
NRS 624.268 Payment of child support: Submission of certain information by
applicant; grounds for denial of license; duty of Board. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) A natural person who applies for the issuance
of a contractor’s license shall include the social security number of the
applicant in the application submitted to the Board.
(b) A natural person who applies for the issuance
or renewal of a contractor’s license shall submit to the Board the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A contractor’s license may not be
issued or renewed by the Board if the applicant is a natural person who:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing the
order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2112; A 2005, 2706, 2807)
NRS 624.268 Payment of child support:
Submission of certain information by applicant; grounds for denial of license;
duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, a natural person who applies for the issuance or
renewal of a contractor’s license shall submit to the Board the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A contractor’s license may not be
issued or renewed by the Board if the applicant is a natural person who:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2112; A 2005, 2706, 2807,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 624.270 Bond and deposit: Requirements; amount; conditions.
1. Before issuing a contractor’s license
to any applicant, the Board shall require that the applicant:
(a) File with the Board a surety bond in a form
acceptable to the Board executed by the contractor as principal with a
corporation authorized to transact surety business in the State of Nevada as
surety; or
(b) In lieu of such a bond, establish with the
Board a cash deposit as provided in this section.
2. Before granting renewal of a
contractor’s license to any applicant, the Board shall require that the
applicant file with the Board satisfactory evidence that the applicant’s surety
bond or cash deposit is in full force, unless the applicant has been relieved
of the requirement as provided in this section.
3. Failure of an applicant or licensee to
file or maintain in full force the required bond or to establish the required
cash deposit constitutes cause for the Board to deny, revoke, suspend or refuse
to renew a license.
4. Except as otherwise provided in
subsection 6, the amount of each bond or cash deposit required by this section
must be fixed by the Board with reference to the contractor’s financial and
professional responsibility and the magnitude of the contractor’s operations,
but must be not less than $1,000 or more than $500,000. The bond must be
continuous in form and must be conditioned that the total aggregate liability
of the surety for all claims is limited to the face amount of the bond
irrespective of the number of years the bond is in force. A bond required by
this section must be provided by a person whose long-term debt obligations are
rated “A” or better by a nationally recognized rating agency. The Board may
increase or reduce the amount of any bond or cash deposit if evidence supporting
such a change in the amount is presented to the Board at the time application
is made for renewal of a license or at any hearing conducted pursuant to NRS 624.2545 or 624.291.
Unless released earlier pursuant to subsection 5, any cash deposit may be
withdrawn 2 years after termination of the license in connection with which it
was established, or 2 years after completion of all work authorized by the
Board after termination of the license, whichever occurs later, if there is no
outstanding claim against it.
5. After a licensee has acted in the
capacity of a licensed contractor in the State of Nevada for not less than 5
consecutive years, the Board may relieve the licensee of the requirement of
filing a bond or establishing a cash deposit if evidence supporting such relief
is presented to the Board. The Board may at any time thereafter require the
licensee to file a new bond or establish a new cash deposit as provided in
subsection 4:
(a) If evidence is presented to the Board
supporting this requirement;
(b) Pursuant to subsection 6, after notification
of a final written decision by the Labor Commissioner; or
(c) Pursuant to subsection 7.
Ê If a
licensee is relieved of the requirement of establishing a cash deposit, the
deposit may be withdrawn 2 years after such relief is granted, if there is no
outstanding claim against it.
6. If the Board is notified by the Labor
Commissioner pursuant to NRS 607.165 or
otherwise receives notification that three substantiated claims for wages have
been filed against a contractor within a 2-year period, the Board shall require
the contractor to file a bond or establish a cash deposit in an amount fixed by
the Board. The contractor shall maintain the bond or cash deposit for the
period required by the Board.
7. If a contractor who performs work
concerning a residential pool or spa:
(a) Is determined by the Board to have violated
one or more of the provisions of NRS 624.301 to 624.305, inclusive;
(b) Enters into a contract on or after July 1,
2001, that is later found to be void and unenforceable against the owner
pursuant to subsection 5 of NRS 624.940 or pursuant
to any regulation adopted by the Board with respect to contracts for work
concerning a residential pool or spa; or
(c) Has five valid complaints filed against him
or her with the Board within any 15-day period,
Ê the Board
may require the contractor to comply with the provisions of subsection 8.
8. If the Board requires a contractor
described in subsection 7 to comply with the provisions of this subsection, the
contractor shall, before commencing work concerning a residential pool or spa,
obtain:
(a) Except as otherwise provided in this
subsection, a performance bond in an amount equal to not less than 50 percent
of the amount of the contract, conditioned upon the faithful performance of the
contract in accordance with the plans, specifications and conditions set forth
in the contract. The performance bond must be solely for the protection of the
owner of the property to be improved.
(b) Except as otherwise provided in this
subsection, a payment bond in an amount equal to not less than 50 percent of
the amount of the contract. The payment bond must be solely for the protection
of persons supplying labor or materials to the contractor, or to any of his or
her subcontractors, in carrying out the provisions of the contract.
Ê A bond
required pursuant to this subsection must be provided by a person whose
long-term debt obligations are rated “A” or better by a nationally recognized
rating agency. The contractor shall maintain the bond for the period required by
the Board. The contractor shall furnish to the building department of the city
or county, as applicable, in which the work will be carried out, a copy of any
bond. In lieu of a performance or payment bond, the contractor may obtain an
equivalent form of security approved by the Board.
9. As used in this section, “substantiated
claim for wages” has the meaning ascribed to it in NRS 607.165.
[6:Art. IV:186:1941; added 1951, 365]—(NRS A 1959,
868; 1963, 695; 1965, 349; 1971, 180; 1975, 1160; 1983, 318; 1985, 1057; 1987, 1139; 1997, 1513, 2688; 1999, 596; 2001, 2413, 2981; 2003, 2142; 2005, 2383)
NRS 624.273 Bond and deposit: Person benefited; actions; payment by surety
without action by court; interpleader by surety or Board; preferred claims;
prohibited claims.
1. Each bond or deposit required by NRS 624.270 must be in favor of the State of Nevada
for the benefit of any person who:
(a) As owner of the property to be improved
entered into a construction contract with the contractor and is damaged by
failure of the contractor to perform the contract or to remove liens filed
against the property;
(b) As an employee of the contractor performed
labor on or about the site of the construction covered by the contract;
(c) As a supplier or materialman furnished
materials or equipment for the construction covered by the contract; or
(d) Is injured by any unlawful act or omission of
the contractor in the performance of a contract.
2. Any person claiming against the bond or
deposit may bring an action in a court of competent jurisdiction on the bond or
against the Board on the deposit for the amount of damage the person has
suffered to the extent covered by the bond or deposit. No action may be
commenced on the bond or deposit 2 years after the commission of the act on
which the action is based. If an action is commenced on the bond, the surety
that executed the bond shall notify the Board of the action within 30 days
after the date that:
(a) The surety is served with a complaint and
summons; or
(b) The action is commenced,
Ê whichever
occurs first.
3. Upon receiving a request from a person
for whose benefit a bond or deposit is required, the Board shall notify the
person that:
(a) A bond is in effect or that a deposit has
been made, and the amount of either;
(b) There is an action against a bond, if that is
the case, and the court, the title and number of the action and the amount
sought by the plaintiff; and
(c) There is an action against the Board, if that
is the case, and the amount sought by the plaintiff.
4. If a surety, or in the case of a
deposit, the Board, desires to make payment without awaiting court action, the
amount of the bond or deposit must be reduced to the extent of any payment made
by the surety or the Board in good faith under the bond or deposit. Any payment
must be based on written claims received by the surety or Board before the
court action.
5. The surety or the Board may bring an
action for interpleader against all claimants upon the bond or deposit. If an
action for interpleader is commenced, the surety or the Board must serve each
known claimant and publish notice of the action at least once each week for 2
weeks in a newspaper of general circulation in the county where the contractor
has his or her principal place of business. The surety is entitled to deduct
its costs of the action, including publication, from its liability under the
bond. The Board is entitled to deduct its costs of the action, including attorney’s
fees and publication, from the deposit.
6. A claim of any employee of the
contractor for labor is a preferred claim against a bond or deposit. If any
bond or deposit is insufficient to pay all claims for labor in full, the sum
recovered must be distributed among all claimants for labor in proportion to
the amounts of their respective claims. Partial payment of claims is not full
payment, and the claimants may bring actions against the contractor for the
unpaid balances.
7. Claims, other than claims for labor,
against a bond or deposit have equal priority, except where otherwise provided
by law, and if the bond or deposit is insufficient to pay all of those claims
in full, they must be paid pro rata. Partial payment of claims is not full
payment, and the claimants may bring actions against the contractor for the
unpaid balances.
8. The Board may not claim against the
bond or deposit required pursuant to NRS 624.270
for the payment of an administrative fine imposed for a violation of the
provisions of this chapter.
(Added to NRS by 1965, 351; A 1971, 181, 383; 1981, 1746; 1985, 761; 1999, 2181, 2960)
NRS 624.275 Bond and deposit: Notice of claim paid against contractor’s bond
by surety; cancellation of contractor’s bond by surety; notification to
contractor of claim against or cancellation of bond; duties of Board and
contractor; revocation or suspension of license.
1. With respect to a surety bond that a
licensed contractor maintains in accordance with NRS
624.270 or 624.276:
(a) The surety shall give prompt notice to the
Board of any claims paid against the bond of the licensed contractor.
(b) The surety may cancel the bond upon giving 60
days’ notice to the Board and to the contractor by certified mail.
2. Upon receipt by the Board of the notice
described in paragraph (a) of subsection 1, the Board shall immediately notify
the contractor who is the principal on the bond that the contractor’s license
will be suspended or revoked unless the contractor furnishes an equivalent bond
or establishes an equivalent cash deposit before a date set by the Board.
3. Upon receipt by the Board of the notice
described in paragraph (b) of subsection 1, the Board shall immediately notify
the contractor who is the principal on the bond that the contractor’s license
will be suspended or revoked unless the contractor furnishes an equivalent bond
or establishes an equivalent cash deposit before the effective date of the
cancellation.
4. The notice mailed to the contractor by
the Board pursuant to subsection 2 or 3 must be addressed to the contractor’s
latest address of record in the office of the Board.
5. If the contractor does not comply with
the requirements of the notice from the Board, the contractor’s license must be
suspended or revoked on the date:
(a) Set by the Board, if the notice was provided
to the contractor pursuant to subsection 2; or
(b) The bond is cancelled, if the notice was
provided to the contractor pursuant to subsection 3.
(Added to NRS by 1965, 351; A 1987, 1140; 1989, 852; 1999, 2182; 2005, 2384)
NRS 624.276 Bond and deposit: Additional requirements for contractors
performing work concerning residential pools or spas.
1. Before granting an original
contractor’s license to, or renewing the contractor’s license of, an applicant
who performs or will perform work concerning residential pools or spas, the
Board shall, in addition to any other conditions for the issuance or renewal of
a license, require the applicant to:
(a) File with the Board a bond solely for the
protection of consumers in an amount fixed by the Board; or
(b) In lieu of filing a bond, establish with the
Board a cash deposit as provided in this section.
2. A bond required pursuant to subsection
1 is in addition to, may not be combined with and does not replace any other
bond required pursuant to the provisions of this chapter. A contractor required
to file a bond pursuant to subsection 1 shall maintain the bond for 5 years or
for such longer period as the Board may require.
3. After a contractor who performs work
concerning a residential pool or spa has acted in the capacity of a licensed
contractor in the State of Nevada for not less than 5 consecutive years, the
Board may relieve the contractor of the requirements of subsection 1 if
evidence supporting such relief is presented to the Board. The Board may at any
time thereafter require the contractor to comply with subsection 1 if evidence
is presented to the Board supporting this requirement.
4. If a licensee is relieved of the
requirement of establishing a cash deposit pursuant to this section, the
deposit may be withdrawn 2 years after such relief is granted, if there is no
outstanding claim against it.
5. Failure of an applicant or licensee to
file or maintain in full force the required bond or to establish the required
cash deposit constitutes cause for the Board to deny, revoke, suspend or refuse
to renew a license.
6. The amount of each bond or cash deposit
required by this section must be fixed by the Board with reference to the
contractor’s financial and professional responsibility and the magnitude of the
contractor’s operations, but must be not less than $10,000 or more than
$400,000. The bond must be continuous in form and must be conditioned that the
total aggregate liability of the surety for all claims is limited to the face
amount of the bond irrespective of the number of years the bond is in force.
7. A bond required pursuant to subsection
1 must be provided by a person whose long-term debt obligations are rated “A”
or better by a nationally recognized rating agency. The Board may increase or
reduce the amount of any bond or cash deposit if evidence supporting such a
change in the amount is presented to the Board at the time application is made
for renewal of a license or at any hearing conducted pursuant to NRS 624.2545 or 624.291.
8. Unless released earlier pursuant to
subsection 3, any cash deposit may be withdrawn 2 years after termination of
the license in connection with which it was established or 2 years after
completion of all work authorized by the Board after termination of the
license, whichever occurs later, if there is no outstanding claim against it.
9. Each bond or deposit required pursuant
to this section must be in favor of the State of Nevada solely for the benefit
of any consumer who entered into a contract with the contractor to perform work
concerning a residential pool or spa and:
(a) Is damaged by failure of the contractor to
perform the contract or to remove liens filed against the property; or
(b) Is injured by any unlawful act or omission of
the contractor in the performance of a contract.
10. Any consumer claiming against the bond
or deposit may bring an action in a court of competent jurisdiction on the bond
or against the Board on the deposit for the amount of damage the consumer has
suffered to the extent covered by the bond or deposit.
11. If an action is commenced on the bond,
the surety that executed the bond shall notify the Board of the action within
30 days after the date that:
(a) The surety is served with a complaint and
summons; or
(b) The action is commenced,
Ê whichever
occurs first.
12. A claim or action pursuant to this
section must proceed and be administered in the manner provided pursuant to NRS 624.273 for a claim or action.
13. The Board shall adopt regulations
necessary to carry out the provisions of this section, including, without
limitation, regulations concerning:
(a) The determination of the amount of a bond
pursuant to this section;
(b) The form of bond required pursuant to this
section;
(c) The time within which an applicant or
licensee must comply with the provisions of this section; and
(d) Procedures to contest the amount of a bond
required pursuant to this section.
14. The Board shall immediately suspend
the license of a contractor who fails to post the bond or provide the deposit
required pursuant to this section. Failure by a licensee for 6 months to post
the bond or provide the deposit required pursuant to this section constitutes
grounds for disciplinary action.
15. As used in this section:
(a) “Consumer” means a natural person who:
(1) Owns a single-family residence; and
(2) Enters into a contract with a licensee
to perform work concerning a residential pool or spa.
(b) “Work concerning a residential pool or spa”
has the meaning ascribed to it in NRS 624.915.
(Added to NRS by 2001, 2981; A 2005, 2385)
NRS 624.280 Regulations concerning fees; limitation on amount. The Board may adopt regulations fixing the fee
for an application, the fee for an examination and the fee for a license to be
paid by applicants and licensees. Except as otherwise provided in NRS 624.281, the fee for:
1. An application must not exceed $550.
2. A license must not exceed $900
biennially.
3. An examination must not exceed $300.
[1:Art. VI:186:1941; A 1951, 47; 1953, 521]—(NRS A
1959, 869; 1967, 1593; 1981, 634; 1987, 1140; 1997, 506; 1999, 2182; 2007, 860)
NRS 624.281 Fee for license issued in expedited manner; reimbursement to
Board for costs and expenses; regulations concerning application for license
issued in expedited manner.
1. If an applicant wishes to have a
license issued in an expedited manner, the applicant must pay a fee for an
application equal to two times the amount of the fee regularly paid for an
application pursuant to subsection 1 of NRS 624.280.
2. The applicant must pay one-half of the
fee required pursuant to subsection 1 when submitting the application and the
other one-half of the fee when the Board issues the license.
3. In addition to the fee required
pursuant to subsection 1, the applicant shall reimburse the Board for the
actual costs and expenses incurred by the Board in processing the application.
4. The Board shall adopt regulations
prescribing the procedures for making an application pursuant to this section.
(Added to NRS by 1999, 2177)
NRS 624.282 Inactive status of license: Application; effect; duration;
regulations.
1. A contractor may apply to the Board to
have his or her license placed on inactive status. The Board may grant the
application if the license is in good standing and the licensee has met all
requirements for the issuance or renewal of a contractor’s license as of the
date of the application.
2. If the application is granted, the
licensee shall not engage in any work or activities that require a contractor’s
license in this State unless the licensee is returned to active status.
3. A person whose license has been placed
on inactive status pursuant to this section is exempt from:
(a) The requirement to execute and maintain a
bond pursuant to NRS 624.270; and
(b) The requirement to qualify in regard to his
or her experience and knowledge pursuant to NRS 624.260.
4. The inactive status of a license is
valid for 5 years after the date that the inactive status is granted.
5. The Board shall not refund any portion
of the renewal fee of a contractor’s license that was paid before the license
was placed on inactive status.
6. The Board shall adopt regulations
prescribing the:
(a) Procedures for making an application pursuant
to this section;
(b) Procedures and terms upon which a person
whose license has been placed on inactive status may resume work or activities
that require a contractor’s license; and
(c) Fees for the renewal of the inactive status
of a license.
(Added to NRS by 1999, 2177)
NRS 624.283 License: Expiration; renewal; financial statement;
reinstatement; cancellation.
1. Each license issued under the
provisions of this chapter expires 2 years after the date on which it is
issued, except that the Board may by regulation prescribe shorter or longer
periods and prorated fees to establish a system of staggered biennial renewals.
Any license which is not renewed on or before the date for renewal is
automatically suspended.
2. A license may be renewed by submitting
to the Board:
(a) An application for renewal;
(b) The fee for renewal fixed by the Board;
(c) Any assessment required pursuant to NRS 624.470 if the holder of the license is a
residential contractor as defined in NRS 624.450;
and
(d) All information required to complete the
renewal.
3. The Board may require a licensee to
demonstrate financial responsibility at any time through the submission of:
(a) A financial statement that is:
(1) Prepared by an independent certified
public accountant; or
(2) Submitted on a form or in a format
prescribed by the Board together with an affidavit which verifies the accuracy
of the financial statement; and
(b) If the licensee performs residential
construction, such additional documentation as the Board deems appropriate.
4. If a license is automatically suspended
pursuant to subsection 1, the licensee may have the license reinstated upon
filing an application for renewal within 6 months after the date of suspension
and paying, in addition to the fee for renewal, a fee for reinstatement fixed
by the Board, if the licensee is otherwise in good standing and there are no
complaints pending against the licensee. If the licensee is otherwise not in
good standing or there is a complaint pending, the Board shall require the
licensee to provide a current financial statement prepared by an independent certified
public accountant or establish other conditions for reinstatement. An
application for renewal must be accompanied by all information required to
complete the renewal. A license which is not reinstated within 6 months after
it is automatically suspended may be cancelled by the Board, and a new license
may be issued only upon application for an original contractor’s license.
(Added to NRS by 1969, 943; A 1977, 87; 1987, 1140; 1997, 2113, 2689; 1999, 520, 1970, 2961, 2967; 2001, 141; 2005, 1204, 1205, 2707, 2807; 2007, 860)
NRS 624.284 License: Limitation of scope. A
contractor’s license issued pursuant to this chapter does not authorize a
contractor to construct or repair a mobile home, manufactured home,
manufactured building or commercial coach or factory-built housing.
(Added to NRS by 1997, 212; A 2011, 102)
NRS 624.285 Termination of association of natural person qualifying by
examination on behalf of another natural person or firm: Notice; replacement
with qualified natural person.
1. If the natural person qualifying by
examination on behalf of another natural person or a firm pursuant to
subsection 2 of NRS 624.260 ceases for any reason
to be connected with the licensee to whom the license is issued, the licensee
shall notify the Board in writing within 10 days after the cessation of
association or employment. If a notice is given, the license remains in force
for a reasonable length of time to be set by the Board, but not exceeding 30
days after the date of the cessation of association or employment.
2. The licensee shall replace the person
originally qualified with another natural person similarly qualified and
approved by the Board within the time limited by subsection 1, unless extended
by the Board for good cause.
3. If the licensee fails to notify the
Board within the 10-day period the license must be automatically suspended. The
license must be reinstated upon the replacement of the person originally
qualified by another natural person similarly qualified and approved by the
Board.
4. If the licensee fails to replace the
person originally qualified within the 30-day period, the license may be
suspended or revoked.
(Added to NRS by 1967, 1595; A 1987, 613)
NRS 624.288 Display of name and license on motor vehicle. A licensee shall display on each commercial
motor vehicle registered under the licensee’s name, his or her name and the
number of his or her license, in letters and numbers approximately 1 1/2 inches
high.
(Added to NRS by 1987, 1101)
HEARINGS
NRS 624.291 Hearing required if Board suspends or revokes license, has
probable cause to believe that person has engaged in unlawful advertising or
imposes administrative fine for unlicensed actions; exception.
1. Except as otherwise provided in
subsection 4, if the Board suspends or revokes a license, has probable cause to
believe that a person has violated NRS 624.720 or
imposes an administrative fine pursuant to NRS 624.710,
the Board shall hold a hearing. The time and place for the hearing must be
fixed by the Board, and notice of the time and place of the hearing must be
personally served on the applicant or accused or mailed to the last known
address of the applicant or accused at least 21 days before the date fixed for
the hearing.
2. The testimony taken pursuant to NRS 624.170 to 624.210,
inclusive, must be considered a part of the record of the hearing before the
Board.
3. Except as otherwise provided in NRS 622.320, the hearing must be public if
a request is made therefor.
4. The Board may suspend the license of a
contractor without a hearing if the Board finds, based upon evidence in its
possession, that the public health, safety or welfare imperatively requires
summary suspension of the license of the contractor and incorporates that
finding in its order. If the Board summarily suspends the license of the
contractor, the Board must notify the contractor by certified mail. A hearing
must be held within 60 days after the suspension if the contractor submits a
written request for a hearing to the Board within 20 days after the Board
summarily suspends the license.
[5:Art. IV:186:1941; A 1955, 378]—(NRS A 1977, 87; 1995, 928; 1997, 2691; 1999, 2183, 2858; 2001, 2414; 2003, 3422)
DISCIPLINARY ACTION
General Provisions
NRS 624.295 Member of Board authorized to inform Executive Officer of
allegation of ground for disciplinary action; action by Executive Officer. If a member of the Board becomes aware that
any one or a combination of the grounds for initiating disciplinary action may
exist as to a contractor in this State, the member of the Board may inform the
Executive Officer of the Board of the allegations. The Executive Officer, upon
receiving such information, shall take such actions as he or she deems
appropriate under the circumstances.
(Added to NRS by 1995, 926; A 1999, 2962)
NRS 624.300 Disciplinary actions against licensee; private reprimands
prohibited; orders imposing discipline deemed public records; deposit of fines
in Construction Education Account.
1. Except as otherwise provided in
subsections 3 and 5, the Board may:
(a) Suspend or revoke licenses already issued;
(b) Refuse renewals of licenses;
(c) Impose limits on the field, scope and
monetary limit of the license;
(d) Impose an administrative fine of not more
than $10,000;
(e) Order a licensee to repay to the account
established pursuant to NRS 624.470, any amount
paid out of the account pursuant to NRS 624.510 as
a result of an act or omission of that licensee;
(f) Order the licensee to take action to correct
a condition resulting from an act which constitutes a cause for disciplinary
action, at the licensee’s cost, that may consist of requiring the licensee to:
(1) Perform the corrective work himself or
herself;
(2) Hire and pay another licensee to
perform the corrective work; or
(3) Pay to the owner of the construction
project a specified sum to correct the condition; or
(g) Issue a public reprimand or take other less
severe disciplinary action, including, without limitation, increasing the
amount of the surety bond or cash deposit of the licensee,
Ê if the
licensee commits any act which constitutes a cause for disciplinary action.
2. If the Board suspends or revokes the
license of a contractor for failure to establish financial responsibility, the
Board may, in addition to any other conditions for reinstating or renewing the
license, require that each contract undertaken by the licensee for a period to
be designated by the Board, not to exceed 12 months, be separately covered by a
bond or bonds approved by the Board and conditioned upon the performance of and
the payment of labor and materials required by the contract.
3. If a licensee violates:
(a) The provisions of NRS
624.3014, subsection 2 or 3 of NRS 624.3015,
subsection 1 of NRS 624.302 or subsection 1 of NRS 624.305, the Board may impose for each violation
an administrative fine in an amount that is not more than $50,000.
(b) The provisions of subsection 4 of NRS 624.3015:
(1) For a first offense, the Board shall
impose an administrative fine of not less than $1,000 and not more than
$50,000, and may suspend the license of the licensee for 6 months;
(2) For a second offense, the Board shall
impose an administrative fine of not less than $5,000 and not more than
$50,000, and may suspend the license of the licensee for 1 year; and
(3) For a third or subsequent offense, the
Board shall impose an administrative fine of not less than $10,000 and not more
than $50,000, and may revoke the license of the licensee.
(c) The provisions of subsection 7 of NRS 624.302, the Board shall, in addition to any other
disciplinary action taken pursuant to this section, impose an administrative
fine of $1,000.
4. The Board shall, by regulation,
establish standards for use by the Board in determining the amount of an
administrative fine imposed pursuant to subsection 3. The standards must
include, without limitation, provisions requiring the Board to consider:
(a) The gravity of the violation;
(b) The good faith of the licensee; and
(c) Any history of previous violations of the
provisions of this chapter committed by the licensee.
5. If a licensee is prohibited from being
awarded a contract for a public work pursuant to NRS 338.017, the Board may suspend the
license of the licensee for the period of the prohibition.
6. If a licensee commits a fraudulent act
which is a cause for disciplinary action under NRS
624.3016, the correction of any condition resulting from the act does not
preclude the Board from taking disciplinary action.
7. If the Board finds that a licensee has
engaged in repeated acts that would be cause for disciplinary action, the
correction of any resulting conditions does not preclude the Board from taking
disciplinary action pursuant to this section.
8. The expiration of a license by
operation of law or by order or decision of the Board or a court, or the
voluntary surrender of a license by a licensee, does not deprive the Board of
jurisdiction to proceed with any investigation of, or action or disciplinary
proceeding against, the licensee or to render a decision suspending or revoking
the license.
9. The Board shall not issue a private
reprimand to a licensee.
10. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
11. An administrative fine imposed
pursuant to this section or NRS 624.341 or 624.710 plus interest at a rate that is equal to the
prime rate at the largest bank in this State, as determined by the Commissioner
of Financial Institutions on January 1 or July 1, as appropriate, immediately
preceding the date of the order imposing the administrative fine, plus 4
percent, must be paid to the Board before the issuance or renewal of a license
to engage in the business of contracting in this State. The interest must be
collected from the date of the order until the date the administrative fine is
paid.
12. All fines and interest collected
pursuant to this section must be deposited with the State Treasurer for credit
to the Construction Education Account created pursuant to NRS 624.580.
[4:Art. IV:186:1941; A 1955, 378]—(NRS A 1963, 696;
1967, 1043, 1594; 1969, 939; 1979, 320; 1993, 884; 1995, 234, 2544, 2545; 1997, 2690; 1999, 1447, 1971, 2962, 2967; 2001, 2414; 2003, 173, 1901, 2143, 3422; 2005, 1205; 2007, 649; 2011, 1884)
Grounds for Disciplinary Action
NRS 624.301 Abandonment or failure to complete or prosecute diligently
project for construction; willful failure to comply with terms of contract or
written warranty. The following
acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Abandonment without legal excuse of any
construction project or operation engaged in or undertaken by the licensee as a
contractor.
2. Abandonment of a construction project
when the percentage of the project completed is less than the percentage of the
total price of the contract paid to the contractor at the time of abandonment,
unless the contractor is entitled to retain the amount paid pursuant to the
terms of the contract or the contractor refunds the excessive amount paid
within 30 days after the abandonment of the project.
3. Failure in a material respect on the
part of a licensee to complete any construction project or operation for the
price stated in the contract for the project or operation or any modification
of the contract.
4. Willful failure or refusal without
legal excuse on the part of a licensee as a contractor to prosecute a
construction project or operation with reasonable diligence, thereby causing
material injury to another.
5. Willful failure or refusal without
legal excuse on the part of a licensee to comply with the terms of a
construction contract or written warranty, thereby causing material injury to
another.
(Added to NRS by 1969, 940; A 1979, 320; 1999, 2963)
NRS 624.3011 Disregard of plans, specifications, laws or regulations.
1. The following acts, among others,
constitute cause for disciplinary action under NRS
624.300:
(a) Willful and prejudicial departure from or
disregard of plans or specifications in any material respect without the
consent of the owner or the owner’s authorized representative and the person
entitled to have the particular construction project or operation completed in
accordance with the plans and specifications.
(b) Willful or deliberate disregard and violation
of:
(1) The building laws of the State or of
any political subdivision thereof.
(2) The safety laws or labor laws of the
State.
(3) Any provision of the Nevada health and
safety laws or the regulations adopted thereunder relating to the digging,
boring or drilling of water wells.
(4) The laws of this State regarding
industrial insurance.
2. If a contractor performs construction
without obtaining any necessary building permit, there is a rebuttable presumption
that the contractor willfully and deliberately violated the building laws of
this State or of its political subdivisions.
(Added to NRS by 1969, 941; A 1983, 541; 1987, 1101; 1995, 2545; 1999, 2964)
NRS 624.3012 Diversion of money or property; failure to pay for materials or
services; false denial of amount due, or validity of claim of amount due, for
materials or services; failure to release lien against property to be improved. The following acts, among others, constitute
cause for disciplinary action under NRS 624.300:
1. Diversion of money or property received
for the completion of a specific construction project or operation or for a
specified purpose in the completion of any construction project or operation to
any other construction project or operation, obligation or purpose.
2. Willful or deliberate failure by any
licensee or agent or officer thereof to pay any money when due for any materials
or services rendered in connection with the licensee’s operations as a
contractor, when the licensee has the capacity to pay or has received
sufficient money therefor as payment for the particular construction work,
project or operation for which the services or materials were rendered or
purchased.
3. The false denial by any licensee or
agent or officer thereof of any amount due, or the validity of the claim
thereof, for any materials or services rendered in connection with the
licensee’s operations as a contractor, when the licensee has the capacity to
pay or has received sufficient money therefor as payment for the particular
construction work, project or operation for which the services or materials
were rendered or purchased, with intent to secure a discount upon such
indebtedness or with intent to injure, delay or defraud the person to whom such
indebtedness is due.
4. Failure to obtain the discharge or
release of any lien recorded against the property to be improved by a
construction project for the price of any materials or services rendered to the
project by order of the contractor, when the contractor has received sufficient
money therefor as payment for the project, within 75 days after the recording
of the lien.
(Added to NRS by 1969, 941; A 1999, 2964; 2009, 765)
NRS 624.3013 Failure to keep records or maintain bond; misrepresentation;
failure to establish financial responsibility or comply with law or regulations
of Board. The following acts,
among others, constitute cause for disciplinary action pursuant to NRS 624.300:
1. Failure to keep records showing all
contracts, documents, receipts and disbursements by a licensee of all of the
licensee’s transactions as a contractor and to keep them open for inspection by
the Board or Executive Officer for a period of not less than 3 years after the
completion of any construction project or operation to which the records refer.
2. Misrepresentation of a material fact by
an applicant or licensee in connection with any information or evidence
furnished the Board in connection with official matters of the Board.
3. Failure to establish financial
responsibility pursuant to NRS 624.220 and 624.260 to 624.265,
inclusive, at the time of renewal of the license or at any other time when
required by the Board.
4. Failure to keep in force the bond or
cash deposit pursuant to NRS 624.270 for the full
period required by the Board.
5. Failure in any material respect to
comply with the provisions of this chapter or the regulations of the Board.
(Added to NRS by 1969, 941; A 1971, 182; 1985, 1053; 1987, 217; 1999, 2965)
NRS 624.3014 Misuse of license; evasion of law. The
following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Acting in the capacity of a contractor
under any license issued hereunder except:
(a) In the name of the licensee as set forth upon
the license.
(b) As an employee of the licensee as set forth
in the application for such license or as later changed pursuant to this
chapter and the rules and regulations of the Board.
2. With the intent to evade the provisions
of this chapter:
(a) Aiding or abetting an unlicensed person to
evade the provisions of this chapter.
(b) Combining or conspiring with an unlicensed
person to perform an unauthorized act.
(c) Allowing a license to be used by an
unlicensed person.
(d) Acting as agent, partner or associate of an
unlicensed person.
(e) Furnishing estimates or bids to an unlicensed
person.
3. Any attempt by a licensee to assign,
transfer or otherwise dispose of a license or permit the unauthorized use
thereof.
(Added to NRS by 1969, 941)
NRS 624.3015 Acting beyond scope of license; bidding on work in excess of
limit or beyond scope of license; contracting with unlicensed contractor;
constructing or repairing mobile home, manufactured home, manufactured building
or commercial coach or factory-built housing; engaging in work that requires
license while license is inactive. The
following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Acting in the capacity of a contractor
beyond the scope of the license.
2. Bidding to contract or contracting for
a sum for one construction contract or project in excess of the limit placed on
the license by the Board.
3. Knowingly bidding to contract or
entering into a contract with a contractor for work in excess of his or her
limit or beyond the scope of his or her license.
4. Knowingly entering into a contract with
a contractor while that contractor is not licensed.
5. Constructing or repairing a mobile
home, manufactured home, manufactured building or commercial coach or
factory-built housing unless the contractor:
(a) Is licensed pursuant to NRS 489.311; or
(b) Owns, leases or rents the mobile home,
manufactured home, manufactured building, commercial coach or factory-built
housing.
6. Engaging in any work or activities that
require a contractor’s license while the license is placed on inactive status
pursuant to NRS 624.282.
(Added to NRS by 1969, 942; A 1979, 319; 1981, 634; 1997, 213; 1999, 2182; 2007, 651; 2009, 1935)
NRS 624.3016 Fraudulent or deceitful acts; criminal conviction; improper acts
involving liens; improper acts involving residential pools and spas; failure to
make required disclosure; failure to pay assessment; improper acts involving
contract for public work; failure to notify Board of certain information. The following acts or omissions, among others,
constitute cause for disciplinary action under NRS
624.300:
1. Any fraudulent or deceitful act
committed in the capacity of a contractor, including, without limitation,
misrepresentation or the omission of a material fact.
2. A conviction of a violation of NRS 624.730, or a conviction in this State or any
other jurisdiction of a felony relating to the practice of a contractor or a
crime involving moral turpitude.
3. Knowingly making a false statement in
or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.
4. Failure to give a notice required by NRS 108.227, 108.245 or 108.246.
5. Failure to comply with NRS 624.920, 624.930, 624.935 or 624.940 or any
regulations of the Board governing contracts for work concerning residential
pools and spas.
6. Failure to comply with NRS 624.600.
7. Misrepresentation or the omission of a
material fact, or the commission of any other fraudulent or deceitful act, to
obtain a license.
8. Failure to pay an assessment required
pursuant to NRS 624.470.
9. Failure to file a certified payroll
report that is required for a contract for a public work.
10. Knowingly submitting false information
in an application for qualification or a certified payroll report that is
required for a contract for a public work.
11. Failure to notify the Board of a
conviction or entry of a plea of guilty, guilty but mentally ill or nolo
contendere pursuant to NRS 624.266.
(Added to NRS by 1969, 942; A 1983, 510; 1997, 2690; 1999, 1972, 2965, 2967; 2001, 141; 2003, 2144, 2618, 2704; 2005, 1207, 2387; 2011, 1883)
NRS 624.30165 Unfair business practices: Misrepresentations involving need for
service, replacement parts, equipment or repairs; false or misleading
statements. The following acts,
among others, are unfair business practices and constitute cause for disciplinary
action under NRS 624.300:
1. When a contractor states that service,
replacement parts, equipment or repairs are needed when such service,
replacement parts, equipment or repairs actually are not needed.
2. When a contractor makes any false or
misleading statement or representation of material fact that is intended,
directly or indirectly, to induce another person to use the services of the
contractor or to enter into any contract with the contractor or any obligation
relating to such a contract.
3. When a contractor makes any false or
misleading statement or representation of material fact that is intended,
directly or indirectly, to disparage the goods, services or business of another
person.
(Added to NRS by 2005, 1200)
NRS 624.3017 Substandard workmanship; incomplete advertising; advertising
projects beyond scope of license. The
following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Workmanship which is not commensurate
with standards of the trade in general or which is below the standards in the
building or construction codes adopted by the city or county in which the work
is performed. If no applicable building or construction code has been adopted
locally, then workmanship must meet the standards prescribed in the Uniform
Building Code, Uniform Plumbing Code or National Electrical Code
in the form of the code most recently approved by the Board. The Board shall
review each edition of the Uniform Building Code, Uniform Plumbing
Code or National Electrical Code that is published after the 1996
edition to ensure its suitability. Each new edition of the code shall be deemed
approved by the Board unless the edition is disapproved by the Board within 60
days of the publication of the code.
2. Advertising projects of construction
without including in the advertisements the name and license number of the
licensed contractor who is responsible for the construction.
3. Advertising projects of construction
beyond the scope of the license.
(Added to NRS by 1969, 942; A 1985, 375, 1053; 1987, 217; 1997, 2691; 1999, 2856)
NRS 624.30175 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a contractor’s license, the Board shall deem the license issued to
that person to be suspended at the end of the 30th day after the date on which
the court order was issued unless the Board receives a letter issued to the
holder of the license by the district attorney or other public agency pursuant
to NRS 425.550 stating that the holder
of the license has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a
contractor’s license that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter
issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2112; A 2005, 2807)
NRS 624.3018 Certain persons prohibited from serving as officer, director,
associate or partner of licensee.
1. Any person who:
(a) Has been denied a license or who has had a
license revoked or suspended or who has been denied a renewal of a license; or
(b) Has been a member, officer, director or
associate of any partnership, corporation, firm or association whose
application for a license has been denied, or whose license has been revoked or
suspended or which has been denied a renewal of a license, and while acting as
such member, officer, director or associate had knowledge of or participated in
any of the prohibited acts for which the license or the renewal thereof was
denied, suspended or revoked,
Ê may be
prohibited from serving as an officer, director, associate or partner of a
licensee.
2. The performance by any partnership,
corporation, firm or association of any act or omission constituting a cause
for disciplinary action likewise constitutes a cause for disciplinary action
against any licensee who is a member, officer, director or associate of such
partnership, corporation, firm or association, and who participated in such
prohibited act or omission.
(Added to NRS by 1969, 942; A 1975, 1161)
NRS 624.302 Contracting, offering to contract or submitting bid if license
is suspended, revoked or inactive; failure to comply with written citation or
pay administrative fine; suspension or revocation of license in other state or
disciplinary action in other state; failure or refusal to respond to or comply
with written requests of Board; failure or refusal to comply with order of
Board. The following acts or
omissions, among others, constitute cause for disciplinary action pursuant to NRS 624.300:
1. Contracting, offering to contract or
submitting a bid as a contractor if the contractor’s license:
(a) Has been suspended or revoked pursuant to NRS 624.300; or
(b) Is inactive.
2. Failure to comply with a written
citation issued pursuant to NRS 624.341 within the
time permitted for compliance set forth in the citation, or, if a hearing is
held pursuant to NRS 624.291, within 15 business
days after the hearing.
3. Except as otherwise provided in
subsection 2, failure to pay an administrative fine imposed pursuant to this
chapter within 30 days after:
(a) Receiving notice of the imposition of the
fine; or
(b) The final administrative or judicial decision
affirming the imposition of the fine,
Ê whichever
occurs later.
4. The suspension, revocation or other
disciplinary action taken by another state against a contractor based on a
license issued by that state if the contractor is licensed in this State or
applies for a license in this State. A certified copy of the suspension,
revocation or other disciplinary action taken by another state against a
contractor based on a license issued by that state is conclusive evidence of
that action.
5. Failure or refusal to respond to a
written request from the Board or its designee to cooperate in the
investigation of a complaint.
6. Failure or refusal to comply with a
written request by the Board or its designee for information or records, or
obstructing or delaying the providing of such information or records.
7. Failure or refusal to comply with an
order of the Board.
(Added to NRS by 1999, 2953; A 2001, 213; 2011, 1886)
NRS 624.305 Unlawful use, assignment or transfer of license; revocation of
license.
1. No license may be used for any purpose
by any person other than the person to whom such license is issued, and no license
may be assigned, transferred or otherwise disposed of to permit the
unauthorized use thereof.
2. The license of any person who violates
any provision of this section shall be automatically cancelled and revoked.
(Added to NRS by 1959, 868)
Proceedings
NRS 624.320 Allegation and proof of license in action on contract. No person, firm, copartnership, corporation,
association or other organization, or any combination of any thereof, engaged
in the business or acting in the capacity of a contractor shall bring or
maintain any action in the courts of this State for the collection of
compensation for the performance of any act or contract for which a license is
required by this chapter without alleging and proving that such person, firm,
copartnership, corporation, association or other organization, or any
combination of any thereof, was a duly licensed contractor at all times during
the performance of such act or contract and when the job was bid.
[3:Art. VII:186:1941; Added 1943, 83; A 1953, 521]
NRS 624.323 Licensee subject to disciplinary proceeding must submit
financial statement and other information to Board; authority of Board to take
certain actions to protect public.
1. In addition to any other requirements
set forth in this chapter, if an investigation is conducted against a licensee
and the Board determines that there is cause to proceed with a formal
disciplinary proceeding against the licensee, the Board shall require the
licensee to submit to the Board:
(a) A financial statement that is:
(1) Prepared by an independent certified
public accountant; or
(2) Submitted on a form or in a format
prescribed by the Board together with an affidavit which verifies the accuracy
of the financial statement; and
(b) A statement setting forth the number of
building permits issued to and construction projects completed by the licensee
during the immediately preceding year and any other information required by the
Board. The statement submitted pursuant to this paragraph must be provided on a
form approved by the Board.
2. After providing the licensee with
notice and an opportunity to be heard, the Board must determine whether, based
on the financial information concerning the licensee, it would be in the public
interest to do any or all of the following:
(a) Require the licensee to obtain the services
of a construction control with respect to any money that the licensee requires
a purchaser of a new residence to pay in advance to make upgrades to the new
residence. If the Board imposes such a requirement, the licensee may not:
(1) Be related to the construction control
or to an employee or agent of the construction control; or
(2) Hold, directly or indirectly, a
financial interest in the business of the construction control.
(b) Establish an aggregate monetary limit on the
contractor’s license, which must be the maximum combined monetary limit on all
contracts that the licensee may undertake or perform as a licensed contractor
at any one time, regardless of the number of contracts, construction sites,
subdivision sites or clients. If the Board establishes such a limit, the Board:
(1) Shall determine the period that the
limit is in effect; and
(2) During that period, may increase or
decrease the limit as the Board deems appropriate.
3. The provisions of this section do not
limit the authority of the Board to take disciplinary action against the
licensee.
(Added to NRS by 2003, 1898; A 2005, 1207)
NRS 624.327 Certain records relating to investigation deemed confidential;
certain records relating to disciplinary action deemed public records.
1. Except as otherwise provided in this
section and NRS 239.0115, the
existence of and the personally identifying information in a complaint filed
with the Board, all documents and other information filed with the complaint
and all documents and other information compiled as a result of the
investigation conducted to determine whether to initiate disciplinary action are
confidential.
2. The complaint or other document filed
by the Board to initiate disciplinary action and all documents and information
considered by the Board when determining whether to impose discipline are
public records.
(Added to NRS by 2003, 1898, 3422; A 2007, 861, 2132)
NRS 624.331 Complaint against licensee must be written and filed within
certain period; Board must act on complaint within certain period.
1. A complaint against a licensee for the
commission of any act or omission that constitutes cause for disciplinary
action pursuant to NRS 624.300 must be filed in
writing with the Board within 4 years after the act or omission.
2. The Board shall, within 2 years after
the date on which the complaint is filed, initiate disciplinary action against
the licensee or dismiss the complaint.
(Added to NRS by 1999, 2954; A 2007, 861)
NRS 624.335 Investigation of complaint by Investigations Office;
notification of actions taken; resolution of complaint by Investigations
Office; forwarding of complaint to appropriate agency for resolution.
1. The Investigations Office of the Board
shall:
(a) Upon the receipt of a complaint against a
licensee, initiate an investigation of the complaint.
(b) Within 10 days after receiving such a
complaint, notify the licensee and, if known, the person making the complaint
of the initiation of the investigation, and provide a copy of the complaint to
the licensee.
(c) Upon the completion of its investigation of a
complaint, provide the licensee and, if known, the person making the complaint
with written notification of any action taken on the complaint and the reasons
for taking that action.
2. The Investigations Office of the Board
may attempt to resolve the complaint by:
(a) Meeting and conferring with the licensee and
the person making the complaint; and
(b) Requesting the licensee to provide
appropriate relief.
3. If the subject matter of the complaint
is not within the jurisdiction of the Board, the Board or its designee may:
(a) Forward the complaint, together with any
evidence or other information in the possession of the Board concerning the
complaint, to any public or private agency which, in the opinion of the Board,
would be effective in resolving the complaint; and
(b) Notify the person making the complaint of its
action pursuant to paragraph (a) and of any other procedures which may be
available to resolve the complaint.
(Added to NRS by 1999, 2951; A 2003, 1902)
NRS 624.341 Administrative citation; order to take corrective action;
penalty.
1. If the Board or its designee, based
upon a preponderance of the evidence, has reason to believe that a person has:
(a) Acted as a contractor without an active
license of the proper classification issued pursuant to this chapter, the Board
or its designee, as appropriate, shall issue or authorize the issuance of a
written administrative citation to the person.
(b) Committed any other act which constitutes a
violation of this chapter or the regulations of the Board, the Board or its
designee, as appropriate, may issue or authorize the issuance of a written
administrative citation to the person.
2. A citation issued pursuant to this
section may include, without limitation:
(a) An order to take action to correct a
condition resulting from an act that constitutes a violation of this chapter or
the regulations of the Board, at the person’s cost;
(b) An order to pay an administrative fine not to
exceed $50,000, except as otherwise provided in subsection 1 of NRS 624.300; and
(c) An order to reimburse the Board for the
amount of the expenses incurred to investigate the complaint.
3. If a written citation issued pursuant
to this section includes an order to take action to correct a condition
resulting from an act that constitutes a violation of this chapter or the
regulations of the Board, the citation must state the time permitted for
compliance, which must be not less than 15 business days after the date the
person receives the citation, and specifically describe the action required to
be taken.
4. The sanctions authorized by this
section are separate from, and in addition to, any other remedy, civil or
criminal, authorized by this chapter.
5. The failure of an unlicensed person to
comply with a citation or order after it is final is a misdemeanor. If an
unlicensed person does not pay an administrative fine imposed pursuant to this
section within 60 days after the order of the Board becomes final, the order
may be executed upon in the same manner as a judgment issued by a court.
(Added to NRS by 1999, 2951; A 2007, 861; 2011, 489)
NRS 624.345 Contest of administrative citation: Time limit; effect of
failure to contest citation within time limit; extension of time to contest
citation; service of citation.
1. A person who is issued a written
citation pursuant to NRS 624.341 may contest the
citation within 15 business days after the date on which the citation is served
on the person.
2. A person may contest, without
limitation:
(a) The facts forming the basis for the
determination that the person has committed an act which constitutes a
violation of this chapter or the regulations of the Board;
(b) The time allowed to take any corrective
action ordered;
(c) The amount of any administrative fine
ordered;
(d) The amount of any order to reimburse the
Board for the expenses incurred to investigate the person; and
(e) Whether any corrective action described in
the citation is reasonable.
3. If a person does not contest a citation
issued pursuant to NRS 624.341 within 15 business
days after the date on which the citation is served on the person, or on or
before such later date as specified by the Board pursuant to subsection 4, the
citation shall be deemed a final order of the Board and not subject to review
by any court or agency.
4. The Board may, for good cause shown,
extend the time to contest a citation issued pursuant to NRS
624.341.
5. For the purposes of this section, a
citation shall be deemed to have been served on a person on:
(a) The date on which the citation is personally
delivered to the person; or
(b) If the citation is mailed, the date on which
the citation is mailed by certified mail to the last known business or
residential address of the person.
(Added to NRS by 1999, 2952; A 2007, 862)
NRS 624.351 Contest of administrative citation or order to correct
violation: Hearing. If a person
contests a citation issued pursuant to NRS 624.341
or order to correct a violation of the provisions of this chapter within 15
business days after receiving the citation or order, or on or before such later
date as specified by the Board pursuant to subsection 4 of NRS 624.345, the Board shall hold a hearing pursuant
to NRS 624.291.
(Added to NRS by 1999, 2952; A 2007, 862)
NRS 624.355 Annual review of complaints by Board; report to Governor and
Legislature; duty to inform public.
1. On or before September 1 of each
even-numbered year, the Board or its designee shall:
(a) Review the complaints received by the Board
to ascertain whether there are any similarities or common trends among any of
those complaints;
(b) Prepare a written summary that identifies
potential difficulties in the regulation of contractors and the protection of
the public pursuant to this chapter; and
(c) Report any findings and recommendations for
legislation to:
(1) The Governor; and
(2) The Director of the Legislative
Counsel Bureau for transmittal to the next regular session of the Legislature.
2. The Board shall take such action as is
necessary to keep the public informed of its activities pursuant to this section.
(Added to NRS by 1999, 2953)
NRS 624.361 Regulations. The
Board shall adopt regulations concerning the:
1. Form of a written citation issued
pursuant to NRS 624.341;
2. Time required for a person to correct a
condition resulting from an act that constitutes a violation of this chapter or
the regulations of the Board if the person is so ordered pursuant to NRS 624.341; and
3. Imposition of an administrative fine
pursuant to the provisions of this chapter. The Board shall consider:
(a) The gravity of the violation;
(b) The good faith of the person; and
(c) Any history of previous violations of the
provisions of this chapter by the person.
(Added to NRS by 1999, 2952; A 2007, 863)
RECOVERY FUND
NRS 624.400 Definitions. As
used in NRS 624.400 to 624.560,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 624.410 to 624.460,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 1967; A 2001, 141)
NRS 624.410 “Account” defined. “Account”
means the account established pursuant to NRS 624.470.
(Added to NRS by 1999, 1967; A 2001, 141)
NRS 624.420 “Injured person” defined. “Injured
person” means an owner who:
1. Is damaged by the failure of a
residential contractor to perform qualified services adequately; or
2. Pays to obtain a release of a lien:
(a) Which is recorded:
(1) For the value of any materials or
services rendered in connection with a construction project; and
(2) Against property to be improved by the
project; and
(b) When a licensee or agent or officer thereof:
(1) Willfully or deliberately fails to pay
any money when due for the materials or services; and
(2) Has received sufficient money as
payment for the materials or services.
(Added to NRS by 1999, 1967; A 2001, 141; 2009, 766)
NRS 624.430 “Owner” defined. “Owner”
means a natural person who owns a single-family residence and who contracts
with a residential contractor for the performance of qualified services with respect
to the residence. The term includes a subsequent owner.
(Added to NRS by 1999, 1967; A 2001, 141)
NRS 624.440 “Qualified services” defined. “Qualified
services” means any construction, remodeling, repair or improvement performed by
a residential contractor on a single-family residence occupied by the owner of
the residence.
(Added to NRS by 1999, 1967; A 2001, 141)
NRS 624.450 “Residential contractor” defined. “Residential
contractor” means a contractor who is licensed pursuant to this chapter and who
contracts with the owner of a single-family residence to perform qualified
services.
(Added to NRS by 1999, 1967; A 2001, 141)
NRS 624.460 “Subsequent owner” defined. “Subsequent
owner” means a natural person who purchases a single-family residence from the
owner of the residence.
(Added to NRS by 1999, 1967; A 2001, 141)
NRS 624.470 Establishment of account; reference to account as “Recovery
Fund”; collection of biennial assessment; reduction in amount of assessment
under certain circumstances; use of money in account.
1. Except as otherwise provided in
subsection 3, in addition to the fee for a license required pursuant to NRS 624.280, a residential contractor shall pay to the
Board an assessment not to exceed the following amount, if the monetary limit
on the residential contractor’s license is:
Not more than $1,000,000........................................................ $200
per biennium
More than $1,000,000 but limited.............................................. 500
per biennium
Unlimited...................................................................................... 1,000
per biennium
2. The Board shall administer and account
separately for the money received from the assessments collected pursuant to
subsection 1. The Board may refer to the money in the account as the “Recovery
Fund.”
3. The Board shall reduce the amount of
the assessments collected pursuant to subsection 1 when the balance in the
account reaches 150 percent of the largest balance in the account during the
previous fiscal year.
4. Except as otherwise provided in NRS 624.540, the money in the account must be used to
pay claims made by injured persons, as provided in NRS
624.400 to 624.560, inclusive.
(Added to NRS by 1999, 1967; A 2003, 1902; 2007, 863; 2009, 766)
NRS 624.480 Limitation on time to file complaint seeking recovery. Except as otherwise provided in NRS 624.490, an injured person who wishes to recover
from the account must file a complaint with the Board or its designee within 4
years after the completion of qualified services.
(Added to NRS by 1999, 1968)
NRS 624.490 Application to Board for satisfaction of judgment from account. Within 2 years after an injured person has
obtained a judgment in any court of competent jurisdiction for recovery of
damages against a residential contractor for an act or omission of the
residential contractor that is in violation of this chapter or the regulations
adopted pursuant thereto, the injured person may apply to the Board for
satisfaction of the judgment from the account if:
1. The proceedings in connection with the
judgment have terminated, including appeals;
2. The injured person submits an
application on a form established for this purpose by the Board;
3. The injured person submits proof
satisfactory to the Board of the judgment; and
4. Upon obtaining payment from the
account, the injured person assigns his or her rights to enforce the judgment
to the Board.
(Added to NRS by 1999, 1968)
NRS 624.500 Hearing on complaint; limitation on time for acting on
complaint.
1. The
Board or its designee shall hold a hearing if the Board receives a complaint
pursuant to NRS 624.480. The time and place for the
hearing must be fixed by the Board or its designee, and the Board or its
designee shall notify the injured person in writing of the time and place of
the hearing at least 30 days before the date fixed for the hearing.
2. Any
testimony taken pursuant to NRS 624.170 to 624.210, inclusive, must be considered a part of the
record of the hearing before the Board or its designee.
3. The
hearing must be public if a request is made for a public hearing.
4. The Board or its designee shall act
upon the complaint within 6 months after the complaint is filed with the Board.
(Added to NRS by 1999, 1968)
NRS 624.510 Eligibility for recovery from account; maximum amount of
individual recovery from account; Board subrogated to rights of injured person;
maximum amount of recovery from account for claims against individual
contractor.
1. Except as otherwise provided in NRS 624.490 and subsection 2, an injured person is
eligible for recovery from the account if the Board or its designee finds that
the injured person suffered actual damages as a result of an act or omission of
a residential contractor that is in violation of this chapter or the
regulations adopted pursuant thereto.
2. An injured person is not eligible for
recovery from the account if:
(a) The injured person is the spouse of the
licensee, or a personal representative of the spouse of the licensee;
(b) The injured person was associated in a
business relationship with the licensee other than the contract at issue; or
(c) At the time of contracting with the
residential contractor, the license of the residential contractor was suspended
or revoked pursuant to NRS 624.300.
3. If the Board or its designee determines
that an injured person is eligible for recovery from the account pursuant to
this section or NRS 624.490, the Board or its
designee may pay out of the account:
(a) The amount of actual damages suffered, but
not to exceed $35,000; or
(b) If a judgment was obtained as set forth in NRS 624.490, the amount of actual damages included in
the judgment and remaining unpaid, but not to exceed $35,000.
4. The decision of the Board or its
designee regarding eligibility for recovery and all related issues is final and
not subject to judicial review.
5. If the injured person has recovered a
portion of his or her loss from sources other than the account, the Board shall
deduct the amount recovered from the other sources from the amount payable upon
the claim and direct the difference to be paid from the account.
6. To the extent of payments made from the
account, the Board is subrogated to the rights of the injured person,
including, without limitation, the right to collect from a surety bond or a
cash bond. The Board and the Attorney General shall promptly enforce all
subrogation claims.
7. The amount of recovery from the account
based upon claims made against any single contractor must not exceed $400,000.
8. As used in this section, “actual
damages” includes attorney’s fees or costs in contested cases appealed to the
appellate court of competent jurisdiction. The term does not include any other
attorney’s fees or costs.
(Added to NRS by 1999, 1968; A 2005, 20; 2013, 1795)
NRS 624.520 Contractor to notify owner of rights related to account; written
statement; administrative fine for noncompliance.
1. A residential contractor shall notify
an owner with whom he or she contracts of the rights of the owner pursuant to NRS 624.400 to 624.560,
inclusive, including, without limitation, providing a written statement
explaining those rights in any agreement or contract for qualified services.
The written statement must be in substantially the following form:
RESIDENTIAL
CONSTRUCTION RECOVERY FUND
Payment may be available from the
Recovery Fund if you are damaged financially by a project performed on your
residence pursuant to a contract, including construction, remodeling, repair or
other improvements, and the damage resulted from certain specified violations
of Nevada law by a contractor licensed in this State. To obtain information relating
to the Recovery Fund and filing a claim for recovery from the Recovery Fund,
you may contact the State Contractors’ Board at the following locations:
State
Contractors’ Board State Contractors’ Board
9670
Gateway Drive, Suite 100 2310 Corporate Circle, Suite 200
Reno,
Nevada 89521 Henderson, Nevada 89074
Telephone
number: (775) 688-1141 Telephone number: (702) 486-1100
2. The Board may impose upon a contractor
an administrative fine:
(a) Of not more than $100 for the first violation
of subsection 1; and
(b) Of not more than $250 for a second or
subsequent violation of subsection 1.
3. The Board shall deposit any money
received pursuant to this section in the account established pursuant to NRS 624.470.
(Added to NRS by 1999, 1970)
NRS 624.530 Board retains authority to take disciplinary action against
residential contractor; additional actions by Board against residential
contractor.
1. The provisions of NRS 624.400 to 624.560,
inclusive, do not limit the authority of the Board to take disciplinary action
against a residential contractor.
2. If the Board or its designee finds that
an owner recovered from the account an amount paid by the owner to obtain a
release of a lien recorded against property to be improved by a construction
project as a result of a residential contractor’s act or omission as described
in subsection 2 of NRS 624.3012, in addition to
any disciplinary action that the Board takes against the residential contractor
pursuant to subsection 1, the Board may:
(a) Suspend or revoke the license of the
residential contractor; and
(b) Prohibit the issuance, reinstatement or
renewal of a license to the residential contractor and any officer, director,
associate or partner thereof, unless the residential contractor or any officer,
director, associate or partner thereof repays to the account or the owner, or
both, as appropriate, any amount paid out of the account or by the owner as a
result of the act or omission of the residential contractor.
(Added to NRS by 1999, 1970; A 2009, 766)
NRS 624.540 Annual statement of condition of account to Legislature;
employment of necessary persons; procurement of necessary equipment, supplies
and services; interest credited to account; limit on expenditures.
1. The Board shall:
(a) On or before February 1 of each year, prepare
and submit to the Director of the Legislative Counsel Bureau for transmittal to
the appropriate legislative committee if the Legislature is in session, or to
the Interim Finance Committee if the Legislature is not in session, a statement
of the condition of the account that is prepared in accordance with generally accepted
accounting principles.
(b) Employ accountants as necessary for the
performance of the duties set forth in this section and pay any related
expenses from the money in the account. Except as otherwise provided in
subsection 3, the expenditures made by the Board pursuant to this paragraph
must not exceed $10,000 in any fiscal year.
(c) Employ or contract with persons and procure
necessary equipment, supplies and services to be paid from or purchased with
the money in the account as may be necessary to monitor or process claims filed
by injured persons that may result in a recovery from the account.
2. Any interest earned on the money in the
account must be credited to the account. The Board may expend the interest
earned on the money in the account to increase public awareness of the account.
Except as otherwise provided in subsection 3, the expenditures made by the
Board for this purpose must not exceed $50,000 in any fiscal year.
3. The total expenditures made by the
Board pursuant to this section must not exceed 10 percent of the account in any
fiscal year.
(Added to NRS by 1999, 1969)
NRS 624.550 Minimum balance in account. Once
an initial balance of $200,000 exists in the account, the Board shall maintain
a minimum balance of $200,000 in the account.
(Added to NRS by 1999, 1970)
NRS 624.560 Regulations. The
Board shall adopt such regulations as are necessary to carry out the provisions
of NRS 624.400 to 624.560,
inclusive, including, without limitation, regulations governing:
1. The disbursement of money from the
account; and
2. The manner in which a complaint is
filed with the Board or its designee pursuant to NRS
624.480.
(Added to NRS by 1999, 1970)
COMMISSION ON CONSTRUCTION EDUCATION
NRS 624.570 Creation; members; expenses; duties; powers; regulations.
1. The Commission on Construction
Education is hereby created.
2. The Commission consists of one member
who is a member of the Board and six members appointed by the Governor as
follows:
(a) Four members who are representatives of the
construction industry; and
(b) Two members who have knowledge of
construction education programs.
3. Each member of the Commission serves a
term of 3 years.
4. The members of the Commission who are
appointed by the Governor serve without compensation, per diem allowance or
reimbursement for travel expenses. While engaged in the business of the
Commission, the member who is a member of the Board shall receive from the
Board the same salary, per diem allowance and reimbursement for travel expenses
the member receives while engaged in the business of the Board.
5. The Commission shall review programs of
education which relate to building construction and distribute grants from the
Construction Education Account created pursuant to NRS
624.580 for programs that the Commission determines qualify for such a
grant.
6. The Board may adopt regulations which
establish the rules of procedure for meetings of the Commission.
7. The Commission shall adopt regulations
providing:
(a) Procedures for applying for a grant of money
from the Construction Education Account;
(b) Procedures for reviewing an application for a
grant from the Construction Education Account; and
(c) Qualifications for receiving a grant from the
Construction Education Account.
(Added to NRS by 2001, 2408)
NRS 624.580 Construction Education Account; administration.
1. There is hereby created a Construction
Education Account as a separate account within the State General Fund.
2. Money deposited in the Account must be
used:
(a) For the purposes of construction education
and to pay the costs of the Commission on Construction Education as described
in accordance with subsection 3, and in addition to any other money provided
for construction education from any other source; or
(b) For any other purpose authorized by the
Legislature.
3. The Commission on Construction
Education shall administer the Construction Education Account and, except as
otherwise provided in paragraph (b) of subsection 2, shall disburse the money
in the Account as follows:
(a) At least 95 percent of the money deposited in
the Account must be used to fund programs of education which relate to building
construction and which the Commission on Construction Education determines
qualify for grants; and
(b) Not more than 5 percent of the money
deposited in the Account may be reserved for operating expenses incurred by the
Commission on Construction Education pursuant to this section.
4. The unexpended and unencumbered balance,
if any, remaining in the Construction Education Account at the end of each
fiscal year, must remain in the Account.
(Added to NRS by 2001, 2409; A 2003, 173; 2010, 26th
Special Session, 24)
DISCLOSURES
NRS 624.600 Required disclosures by general building contractor. A general building contractor shall provide in
writing to the owner of a single-family residence with whom he or she has
contracted:
1. The name, license number, business
address and telephone number of:
(a) All subcontractors with whom he or she has
contracted on the project; and
(b) All persons who furnish material of the value
of $500 or more to be used in the project.
2. A notice that a person described in
subsection 1 may record a notice of lien upon the residence of the owner and
any building, structure and improvement thereon pursuant to the provisions of NRS 108.226.
3. An informational form, whose contents
must be prescribed by the Board, regarding:
(a) Contractors pursuant to this chapter; and
(b) Mechanics’ and materialmen’s liens pursuant
to chapter 108 of NRS.
(Added to NRS by 1997, 2686)
NRS 624.605 Availability to contractor of names and addresses of
subcontractors delinquent in payment of contributions for unemployment or
industrial insurance. The
Employment Security Division of the Department of Employment, Training and
Rehabilitation and the Administrator of the Division of Industrial Relations of
the Department of Business and Industry shall make available, upon request, to
any licensed contractor the names and addresses of subcontractors who are
delinquent in paying the amounts owed by the subcontractor to:
1. The Division for benefits for
unemployment pursuant to chapter 612 of NRS;
and
2. A private carrier that provides
industrial insurance in this State for premiums for industrial insurance.
(Added to NRS by 1983, 1350; A 1993, 1890; 1995, 634, 2048; 1999, 1828)
RIGHTS, DUTIES AND LIABILITIES UNDER CERTAIN AGREEMENTS FOR
WORKS OF IMPROVEMENT
General Provisions
NRS 624.606 Definitions. As
used in NRS 624.606 to 624.630,
inclusive, the words and terms defined in NRS 624.607
to 624.6086, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2001, 1615; A 2005, 1224, 1721)
NRS 624.607 “Higher-tiered contractor” defined. “Higher-tiered
contractor” means a prime contractor or subcontractor who has entered into an
oral or written agreement with a lower-tiered subcontractor pursuant to which
the lower-tiered subcontractor has agreed to provide work, materials or
equipment for a work of improvement.
(Added to NRS by 2001, 1615; A 2005, 1721)
NRS 624.608 “Lower-tiered subcontractor” defined. “Lower-tiered
subcontractor” means a subcontractor who has agreed in an oral or written
agreement with a higher-tiered contractor to provide work, materials or
equipment for a work of improvement.
(Added to NRS by 2001, 1615; A 2005, 1722)
NRS 624.6084 “Owner” defined.
1. “Owner” means an owner or lessee of
real property or any improvement who enters into an oral or written agreement
with a prime contractor pursuant to which the prime contractor agrees to
provide work, materials or equipment for a work of improvement.
2. The term includes, without limitation,
an owner of a planned unit development who enters into one or more oral or
written agreements to construct a work of improvement in the planned unit
development in the manner described in subsection 5 of NRS
624.020.
(Added to NRS by 2005, 1223, 1721)
NRS 624.6086 “Prime contractor” defined. “Prime
contractor” means a contractor who enters into an oral or written agreement
with an owner pursuant to which the prime contractor agrees to provide work,
materials or equipment for a work of improvement.
(Added to NRS by 2005, 1223, 1721)
Agreements Between Owner and Prime Contractor
NRS 624.609 Payment of prime contractor during performance of agreement;
grounds and procedure for withholding amounts from payment; rights and duties
after notice of withholding, notice of objection or notice of correction.
1. Except as otherwise provided in
subsections 2 and 4 and subsection 4 of NRS 624.622,
if an owner of real property enters into a written or oral agreement with a
prime contractor for the performance of work or the provision of materials or
equipment by the prime contractor, the owner must:
(a) Pay the prime contractor on or before the
date a payment is due pursuant to a schedule for payments established in a
written agreement; or
(b) If no such schedule is established or if the
agreement is oral, pay the prime contractor within 21 days after the date the
prime contractor submits a request for payment.
2. If an owner has complied with
subsection 3, the owner may:
(a) Withhold from any payment to be made to the
prime contractor:
(1) A retention amount that, if the owner
is authorized to withhold a retention amount pursuant to the agreement, must
not exceed 10 percent of the amount of the payment to be made;
(2) An amount equal to the sum of the
value of:
(I) Any work or labor that has not
been performed or materials or equipment that has not been furnished for which
payment is being sought, unless the agreement otherwise allows or requires such
a payment to be made; and
(II) Costs and expenses reasonably
necessary to correct or repair any work which is the subject of the request for
payment and which is not materially in compliance with the agreement to the
extent that such costs and expenses exceed 50 percent of the retention amount
withheld pursuant to subparagraph (1); and
(3) The amount the owner has paid or is
required to pay pursuant to an official notice from a state agency or employee
benefit trust fund, for which the owner is or may reasonably be liable for the
prime contractor or his or her lower-tiered subcontractors in accordance with chapter 608, 612,
616A to 616D,
inclusive, or 617 of NRS; and
(b) Require as a condition precedent to the
payment of any amount due, lien releases furnished by the prime contractor and
his or her lower-tiered subcontractors and suppliers in accordance with the
provisions of paragraphs (a) and (c) of subsection 5 of NRS 108.2457.
3. If, pursuant to subparagraph (2) or (3)
of paragraph (a) of subsection 2 or paragraph (b) of subsection 2, an owner
intends to withhold any amount from a payment to be made to a prime contractor,
the owner must give, on or before the date the payment is due, a written notice
to the prime contractor of any amount that will be withheld. The written notice
of withholding must:
(a) Identify the amount of the request for
payment that will be withheld from the prime contractor;
(b) Give a reasonably detailed explanation of the
condition or the reason the owner will withhold that amount, including, without
limitation, a specific reference to the provision or section of the agreement,
and any documents relating thereto, and the applicable building code, law or
regulation with which the prime contractor has failed to comply; and
(c) Be signed by an authorized agent of the
owner.
4. A prime contractor who receives a
notice of withholding pursuant to subsection 3 or a notice of objection
pursuant to subparagraph (2) of paragraph (b) may:
(a) Give the owner a written notice and thereby
dispute in good faith and for reasonable cause the amount withheld, or the
condition or reason for the withholding; or
(b) Correct any condition or reason for the
withholding described in the notice of withholding and thereafter provide
written notice to the owner of the correction of the condition or reason for
the withholding. The notice of correction must be sufficient to identify the
scope and manner of the correction of the condition or reason for the
withholding and be signed by an authorized representative of the prime
contractor. If an owner receives a written notice from the prime contractor of
the correction of a condition or reason for the withholding pursuant to this
paragraph, the owner shall:
(1) Pay the amount withheld by the owner
for that condition or reason for the withholding on or before the date the next
payment is due the prime contractor; or
(2) Object to the scope and manner of the
correction of the condition or reason for the withholding, on or before the
date the next payment is due to the prime contractor, in a written statement
which sets forth the condition or reason for the objection and which complies
with subsection 3. If the owner objects to the scope and manner of the
correction of a condition or reason for the withholding, the owner shall
nevertheless pay to the prime contractor, along with the payment to be made
pursuant to the prime contractor’s next payment request, the amount withheld
for the correction of the condition or reason for the withholding to which the
owner no longer objects.
5. Except as otherwise allowed in
subsections 2, 3 and 4, an owner shall not withhold from a payment to be made
to a prime contractor more than the retention amount.
(Added to NRS by 2001, 1619; A 2005, 1722)
NRS 624.610 Grounds and procedure for stopping work or terminating
agreement; change orders; damages and other remedies; rights of lower-tiered
subcontractors; limitations on liability.
1. If:
(a) An owner fails to pay the prime contractor in
the time and manner required by subsection 1 or 4 of NRS
624.609;
(b) An owner fails to give the prime contractor
written notice of any withholding in the time and manner required by subsection
3 or 4 of NRS 624.609;
(c) After receipt of a notice of withholding
given pursuant to subsection 3 or 4 of NRS 624.609,
the prime contractor gives the owner written notice pursuant to subsection 4 of
NRS 624.609 and thereby disputes in good faith and
for reasonable cause the amount withheld or the condition or reason for the
withholding; or
(d) Within 30 days after the date that a written
request for a change order is submitted by the prime contractor to the owner,
the owner fails to:
(1) Issue the change order; or
(2) If the request for a change order is
unreasonable or does not contain sufficient information to make a
determination, give written notice to the prime contractor of the reasons why
the change order is unreasonable or explain that additional information and
time are necessary to make a determination,
Ê the prime
contractor may stop work after giving written notice to the owner at least 10
days before stopping work.
2. If a prime contractor stops work
pursuant to paragraph (a), (b) or (c) of subsection 1, the prime contractor may
terminate the agreement by giving written notice of termination to the owner
after stopping work but at least 15 days before terminating the agreement. If
the prime contractor is paid the amount due before the date for termination of
the agreement set forth in the written notice, the prime contractor shall not
terminate the agreement and shall resume work.
3. If an owner fails to issue a change
order or give written notice to the prime contractor pursuant to the provisions
of paragraph (d) of subsection 1:
(a) The agreement price must be increased by the
amount sought in the request for a change order;
(b) The time for performance must be extended by
the amount sought in the request for a change order;
(c) The prime contractor may submit to the owner
a bill or invoice for the labor, materials, equipment or services that are the
subject of the request for a change order; and
(d) The owner shall pay the prime contractor for
such labor, materials, equipment or services with the next payment made to the
prime contractor.
4. If the owner through his or her own act
or neglect, or through an act or neglect of his or her agent, excluding acts of
God, floods, fires, labor disputes, strikes or reasonable adjustments to work
schedules, causes the work to be stopped for a period of 15 days or more, the prime
contractor may terminate the agreement if:
(a) The prime contractor gives written notice of
his or her intent to terminate to the owner at least 10 days before terminating
the agreement; and
(b) The owner fails to allow work to resume
within the time set forth in the written notice given pursuant to paragraph
(a).
5. If a prime contractor stops work
pursuant to subsection 1, the owner may terminate the agreement by giving the
prime contractor written notice of his or her intent to terminate at least 15
days before terminating the agreement.
6. If the agreement is terminated pursuant
to subsection 4, or if the prime contractor stops work in accordance with this
section and the agreement is terminated pursuant to subsection 1 or 5, the
prime contractor is entitled to recover from the owner payment in an amount
found by a trier of fact to be due the prime contractor, including, without
limitation:
(a) The cost of all work, labor, materials,
equipment and services furnished by and through the prime contractor, including
any overhead the prime contractor and his or her lower-tiered subcontractors
and suppliers incurred and profit the prime contractor and his or her
lower-tiered subcontractors and suppliers earned through the date of
termination;
(b) The balance of the profit that the prime
contractor and his or her lower-tiered subcontractors and suppliers would have
received if the agreement had been performed in full;
(c) Interest determined pursuant to NRS 624.630; and
(d) The reasonable costs, including court and
arbitration costs, incurred by the prime contractor and his or her lower-tiered
subcontractors in collecting the amount due.
Ê In any
action brought to enforce the rights or obligations set forth in this
subsection, the trier of fact may award reasonable attorney’s fees to the prime
contractor and his or her lower-tiered subcontractors and suppliers or, if the
trier of fact determines that the prime contractor stopped work or terminated
the agreement without a reasonable basis in law or fact, the trier of fact may
award reasonable attorney’s fees and costs, including court and arbitration
costs, to the owner.
7. If a prime contractor stops work
pursuant to subsection 1, each lower-tiered subcontractor with whom the prime
contractor has entered into an agreement and who has not fully performed under
that agreement may also stop work on the work of improvement. If a prime
contractor terminates an agreement pursuant to this section, all such
lower-tiered subcontractors may terminate their agreements with the prime
contractor.
8. The right of a prime contractor to stop
work or terminate an agreement pursuant to this section is in addition to all
other rights that the prime contractor may have at law or in equity and does
not impair or affect the right of a prime contractor to maintain a civil action
or to submit any controversy arising under the agreement with the owner to
arbitration.
9. No prime contractor or his or her lower-tiered
subcontractors or suppliers, or their respective sureties, may be held liable
for any delays or damages that an owner may suffer as a result of the prime
contractor or lower-tiered subcontractors or suppliers stopping their work or
the provision of materials or equipment or terminating an agreement for a
reasonable basis in law or fact and in accordance with this section or
reasonable cause and in accordance with this section or NRS
624.626.
(Added to NRS by 1975, 1382; A 1987, 533; 1989, 1535; 1991, 146; 1999, 238; 2001, 1622; 2005, 1723)
NRS 624.620 Payment of prime contractor after work of improvement is
available for use or occupancy; grounds and procedure for withholding amounts
from payment; rights and duties after notice of withholding or notice of
correction; partial payments.
1. Except as otherwise provided in this
section, any money remaining unpaid for the construction of a work of
improvement is payable to the prime contractor within 30 days after:
(a) Occupancy or use of the work of improvement
by the owner or by a person acting with the authority of the owner; or
(b) The availability of a work of improvement for
its intended use. The prime contractor must have provided to the owner:
(1) A written notice of availability on or
before the day on which the prime contractor claims that the work of
improvement became available for use or occupancy; or
(2) A certificate of occupancy issued by
the appropriate building inspector or other authority.
2. If the owner has complied with
subsection 3, the owner may:
(a) Withhold payment for the amount of:
(1) Any work or labor that has not been
performed or materials or equipment that has not been furnished for which
payment is sought;
(2) The costs and expenses reasonably
necessary to correct or repair any work that is not materially in compliance
with the agreement to the extent that such costs and expenses exceed 50 percent
of the amount of retention being withheld pursuant to the terms of the
agreement; and
(3) Money the owner has paid or is
required to pay pursuant to an official notice from a state agency, or employee
benefit trust fund, for which the owner is liable for the prime contractor or
his or her lower-tiered subcontractors in accordance with chapter 608, 612,
616A to 616D,
inclusive, or 617 of NRS.
(b) Require, as a condition precedent to the
payment of any unpaid amount under the agreement, that lien releases be
furnished by the prime contractor and his or her lower-tiered subcontractors
and suppliers in accordance with the provisions of paragraphs (a) and (c) of
subsection 5 of NRS 108.2457.
3. If, pursuant to paragraph (a) of
subsection 2, an owner intends to withhold any amount from a payment to be made
to a prime contractor, the owner must, on or before the date the payment is
due, give written notice to the prime contractor of any amount that will be
withheld. The written notice of withholding must:
(a) Identify the amount that will be withheld
from the prime contractor;
(b) Give a reasonably detailed explanation of the
condition for which or the reason the owner will withhold that amount,
including, without limitation, a specific reference to the provision or section
of the agreement with the prime contractor, and any documents relating thereto,
and the applicable building code, law or regulation with which the prime
contractor has failed to comply; and
(c) Be signed by an authorized agent of the
owner.
4. A prime contractor who receives a
notice of withholding pursuant to subsection 3 may correct any condition or
reason for the withholding described in the notice of withholding and
thereafter provide written notice to the owner of the correction of the
condition or reason for the withholding. The notice of correction must be
sufficient to identify the scope and manner of the correction of the condition
or reason for the withholding and be signed by an authorized representative of
the prime contractor. If an owner receives a written notice from the prime
contractor of the correction of a condition or reason for the withholding
described in an owner’s notice of withholding pursuant to subsection 3, the
owner must, within 10 days after receipt of such notice:
(a) Pay the amount withheld by the owner for that
condition or reason for the withholding; or
(b) Object to the scope and manner of the correction
of the condition or reason for the withholding in a written statement that sets
forth the reason for the objection and complies with subsection 3. If the owner
objects to the scope and manner of the correction of a condition or reason for
the withholding, the owner shall nevertheless pay to the prime contractor,
along with the payment to be made pursuant to the prime contractor’s next
payment request, the amount withheld for the correction of the condition or
reason for the withholding to which the owner no longer objects.
5. The partial occupancy or availability
of a building requires payment in direct proportion to the value of the part of
the building which is partially occupied or partially available. For works of
improvement which involve more than one building, each building must be
considered separately in determining the amount of money which is payable to
the prime contractor.
(Added to NRS by 1983, 425; A 1987, 557; 2001, 1624; 2003, 2619; 2005, 1224, 1726)
NRS 624.622 Requirements concerning notices; prohibited provisions;
exemptions; requests for information.
1. A prime contractor shall provide a copy
of any notice given to an owner pursuant to subsection 1 or 2 of NRS 624.610 to each lower-tiered subcontractor with
whom the prime contractor has entered into an agreement. Upon receipt of
payment pursuant to NRS 624.609, the prime
contractor shall notify all such lower-tiered subcontractors in writing of
receipt of payment.
2. A condition, stipulation or provision
in an agreement which:
(a) Requires a prime contractor to waive any
rights provided in this section, NRS 624.609, 624.610, 624.620 or 624.630, or which limits those rights;
(b) Relieves an owner of any obligation or
liability imposed pursuant to NRS 624.606 to 624.630, inclusive; or
(c) Requires a prime contractor to waive, release
or extinguish a claim or right for damages or an extension of time that the
prime contractor may otherwise possess or acquire as a result of delay,
acceleration, disruption or an impact event that is unreasonable under the
circumstances, that was not within the contemplation of the parties at the time
the agreement was entered into, or for which the prime contractor is not responsible,
Ê is against
public policy and is void and unenforceable.
3. All notices required pursuant to NRS 624.609 to 624.622,
inclusive, must be:
(a) Delivered personally, in which case the prime
contractor shall obtain a notarized statement from the person who delivered the
notice as proof of delivery;
(b) Sent by facsimile and delivered by regular
mail, in which case the prime contractor shall retain proof of a successful
transmission of the facsimile;
(c) Delivered by certified mail; or
(d) Delivered in the manner provided for in the
agreement.
4. NRS 624.609
to 624.622, inclusive, do not apply to an agreement
between:
(a) A prime contractor and a natural person who
owns a single-family residence for the performance of qualified services with
respect to the residence; or
(b) A public body and a prime contractor for the
performance of work and labor on a public work.
5. Within 5 days after an owner receives a
written request for the information set forth in paragraphs (a), (b) and (c)
from a lower-tiered subcontractor, the owner shall notify the lower-tiered
subcontractor in writing of the following:
(a) The date the owner made a specified payment
to the prime contractor;
(b) Whether the owner has paid the entire amount
of a specified payment to the prime contractor; and
(c) The amount withheld by the owner from a
specified payment to the prime contractor and the condition or reason for the
withholding.
(Added to NRS by 2001, 1620; A 2005, 1727)
Agreements Between Higher-Tiered Contractor and
Lower-Tiered Subcontractor
NRS 624.624 Payment of lower-tiered subcontractor; grounds and procedure for
withholding amounts from payment; rights and duties after notice of
withholding, notice of objection or notice of correction.
1. Except as otherwise provided in this
section, if a higher-tiered contractor enters into:
(a) A written agreement with a lower-tiered
subcontractor that includes a schedule for payments, the higher-tiered
contractor shall pay the lower-tiered subcontractor:
(1) On or before the date payment is due;
or
(2) Within 10 days after the date the
higher-tiered contractor receives payment for all or a portion of the work,
materials or equipment described in a request for payment submitted by the
lower-tiered subcontractor,
Ê whichever is
earlier.
(b) A written agreement with a lower-tiered
subcontractor that does not contain a schedule for payments, or an agreement
that is oral, the higher-tiered contractor shall pay the lower-tiered
subcontractor:
(1) Within 30 days after the date the
lower-tiered subcontractor submits a request for payment; or
(2) Within 10 days after the date the
higher-tiered contractor receives payment for all or a portion of the work,
labor, materials, equipment or services described in a request for payment
submitted by the lower-tiered subcontractor,
Ê whichever is
earlier.
2. If a higher-tiered contractor has
complied with subsection 3, the higher-tiered contractor may:
(a) Withhold from any payment owed to the
lower-tiered subcontractor:
(1) A retention amount that the
higher-tiered contractor is authorized to withhold pursuant to the agreement,
but the retention amount withheld must not exceed 10 percent of the payment
that is required pursuant to subsection 1;
(2) An amount equal to the sum of the
value of:
(I) Any work or labor that has not
been performed or materials or equipment that has not been furnished for which
payment is being sought, unless the agreement otherwise allows or requires such
a payment to be made; and
(II) Costs and expenses reasonably
necessary to correct or repair any work which is the subject of the request for
payment and which is not materially in compliance with the agreement to the
extent that such costs and expenses exceed 50 percent of the retention amount
withheld pursuant to subparagraph (1); and
(3) The amount the owner or higher-tiered
contractor has paid or is required to pay pursuant to an official notice from a
state agency or employee benefit trust fund, for which the owner or higher-tiered
contractor is or may reasonably be liable for the lower-tiered subcontractor or
his or her lower-tiered subcontractors in accordance with chapter 608, 612,
616A to 616D,
inclusive, or 617 of NRS; and
(b) Require as a condition precedent to the
payment of any amount due, lien releases furnished by the lower-tiered
subcontractor and his or her lower-tiered subcontractors and suppliers in
accordance with the provisions of paragraphs (a) and (c) of subsection 5 of NRS 108.2457.
3. If, pursuant to subparagraph (2) or (3)
of paragraph (a) of subsection 2 or paragraph (b) of subsection 2, a
higher-tiered contractor intends to withhold any amount from a payment to be
made to a lower-tiered subcontractor, the higher-tiered contractor must give,
on or before the date the payment is due, a written notice to the lower-tiered
subcontractor of any amount that will be withheld and give a copy of such
notice to all reputed higher-tiered contractors and the owner. The written
notice of withholding must:
(a) Identify the amount of the request for
payment that will be withheld from the lower-tiered subcontractor;
(b) Give a reasonably detailed explanation of the
condition or the reason the higher-tiered contractor will withhold that amount,
including, without limitation, a specific reference to the provision or section
of the agreement with the lower-tiered subcontractor, and any documents relating
thereto, and the applicable building code, law or regulation with which the
lower-tiered subcontractor has failed to comply; and
(c) Be signed by an authorized agent of the
higher-tiered contractor.
4. A lower-tiered subcontractor who
receives a notice of withholding pursuant to subsection 3 or a notice of
objection pursuant to subparagraph (2) of paragraph (b) may:
(a) Give the higher-tiered contractor a written
notice and thereby dispute in good faith and for reasonable cause the amount
withheld or the conditions or reasons for the withholding; or
(b) Correct any condition or reason for the
withholding described in the notice of withholding and thereafter provide
written notice to the higher-tiered contractor of the correction of the
condition or reason for the withholding. The notice of correction must be
sufficient to identify the scope and manner of the correction of the condition
or reason for the withholding and be signed by an authorized representative of
the lower-tiered subcontractor. If a higher-tiered contractor receives a
written notice from the lower-tiered subcontractor of the correction of a
condition or reason for the withholding pursuant to this paragraph, the
higher-tiered contractor shall:
(1) Pay the amount withheld by the
higher-tiered contractor for that condition or reason for the withholding on or
before the date the next payment is due the lower-tiered subcontractor; or
(2) Object to the scope and manner of the
correction of the condition or reason for the withholding, on or before the
date the next payment is due to the lower-tiered subcontractor, in a written
statement which sets forth the condition or reason for the objection and which
complies with subsection 3. If the higher-tiered contractor objects to the
scope and manner of the correction of a condition or reason for the
withholding, the higher-tiered contractor shall nevertheless pay to the
lower-tiered subcontractor, along with payment to be made pursuant to the
lower-tiered subcontractor’s next payment request, the amount withheld for the
correction of the conditions or reasons for the withholding to which the
higher-tiered contractor no longer objects.
5. Except as otherwise allowed in
subsections 2, 3 and 4, a higher-tiered contractor shall not withhold from a
payment to be made to a lower-tiered subcontractor more than the retention
amount.
(Added to NRS by 2001, 1615; A 2005, 1728)
NRS 624.626 Grounds and procedure for stopping work or terminating
agreement; change orders; damages and other remedies; rights of lower-tiered
subcontractors after work stoppage or termination of agreement; limitations on
liability.
1. If:
(a) A higher-tiered contractor fails to pay the
lower-tiered subcontractor within the time provided in subsection 1 or 4 of NRS 624.624;
(b) A higher-tiered contractor fails to pay the
lower-tiered subcontractor within 45 days after the 25th day of the month in
which the lower-tiered subcontractor submits a request for payment, even if the
higher-tiered contractor has not been paid and the agreement contains a
provision which requires the higher-tiered contractor to pay the lower-tiered
subcontractor only if or when the higher-tiered contractor is paid;
(c) A higher-tiered contractor fails to give the
lower-tiered subcontractor written notice of any withholding in the time and
manner required by subsection 3 or 4 of NRS 624.624;
(d) After receipt of a notice of withholding
pursuant to subsection 3 or 4 of NRS 624.624, the
lower-tiered subcontractor gives the higher-tiered contractor written notice
pursuant to subsection 4 of NRS 624.624 and thereby
disputes in good faith and for reasonable cause the amount withheld or the
condition or reason for the withholding; or
(e) Within 30 days after the date that a written
request for a change order is submitted by the lower-tiered subcontractor to
the higher-tiered contractor, the higher-tiered contractor fails to:
(1) Issue the change order; or
(2) If the request for a change order is
unreasonable, give written notice to the lower-tiered subcontractor of the
reasons why the change order is unreasonable,
Ê the
lower-tiered subcontractor may stop work under the agreement until payment is
received if the lower-tiered subcontractor gives written notice to the
higher-tiered contractor at least 10 days before stopping work.
2. If a lower-tiered subcontractor stops
work pursuant to paragraph (a), (c) or (d) of subsection 1, the lower-tiered
subcontractor may terminate the agreement with the higher-tiered contractor by
giving written notice of the termination to the higher-tiered contractor after
stopping work but at least 15 days before the termination of the agreement. If
the lower-tiered subcontractor is paid the amount due before the date for
termination set forth in the written notice, the lower-tiered subcontractor
shall not terminate the agreement and shall resume work.
3. If a higher-tiered contractor fails to
issue a change order or fails to give written notice pursuant to paragraph (e)
of subsection 1:
(a) The agreement price must be increased by the
amount sought in the request for a change order;
(b) The time for performance must be extended by
the amount sought in the request for a change order;
(c) The lower-tiered subcontractor may submit to
the higher-tiered contractor a bill or invoice for the labor, materials,
equipment or services that are the subject of the request for a change order;
and
(d) The higher-tiered contractor shall pay the
lower-tiered subcontractor for such labor, materials, equipment or services with
the next payment made to the lower-tiered subcontractor.
4. If an owner or higher-tiered contractor
through his or her own act or neglect, or through an act or neglect of his or
her agent, excluding acts of God, floods, fires, labor disputes, strikes or
reasonable adjustments in work schedules, causes the work to be stopped for a
period of 15 days or more, the lower-tiered subcontractor may terminate the
agreement if:
(a) The lower-tiered subcontractor gives written
notice of his or her intent to terminate to the higher-tiered contractor at
least 10 days before terminating the agreement; and
(b) The higher-tiered contractor fails to allow
the lower-tiered subcontractor to resume the work within the time set forth in
the written notice given pursuant to paragraph (a).
5. If a lower-tiered subcontractor stops
work pursuant to paragraph (a), (c) or (d) of subsection 1, the higher-tiered
contractor may terminate the agreement by giving the lower-tiered subcontractor
written notice of his or her intent to terminate at least 15 days before
terminating the agreement.
6. If the agreement is terminated pursuant
to subsection 4, or if the lower-tiered subcontractor stops work in accordance
with this section and the agreement is terminated pursuant to subsection 2 or
5, the lower-tiered subcontractor is entitled to recover from the higher-tiered
contractor with whom the lower-tiered subcontractor has entered into an
agreement the amount found by a trier of fact to be due the lower-tiered
subcontractor, including, without limitation:
(a) The cost of all work, labor, materials,
equipment and services furnished by and through the lower-tiered subcontractor,
including any overhead the lower-tiered subcontractor and his or her
lower-tiered subcontractors and suppliers incurred and profit the lower-tiered
subcontractor and his or her lower-tiered subcontractors and suppliers earned
through the date of termination;
(b) The balance of the profit that the
lower-tiered subcontractor and his or her lower-tiered subcontractors and
suppliers would have received if the agreement had been performed in full;
(c) Interest determined pursuant to NRS 624.630; and
(d) The reasonable costs, including court costs
and arbitration costs, incurred by the lower-tiered subcontractor and his or
her lower-tiered subcontractors in collecting the amount due.
Ê In any
action brought to enforce the rights or obligations set forth in this
subsection, the trier of fact may award reasonable attorney’s fees to the
lower-tiered subcontractor and his or her lower-tiered subcontractors and
suppliers or, if the trier of fact determines that the lower-tiered
subcontractor stopped work or terminated the agreement without a reasonable basis
in law or fact, the trier of fact may award reasonable attorney’s fees and
costs, including court costs and arbitration costs, to the higher-tiered
contractor.
7. If a lower-tiered subcontractor stops
work pursuant to this section, each lower-tiered subcontractor with whom the
lower-tiered subcontractor has entered into an agreement and who has not fully
performed under the agreement may also stop work on the work of improvement. If
a lower-tiered subcontractor terminates an agreement pursuant to this section,
all of his or her lower-tiered subcontractors may terminate their agreements
with the lower-tiered subcontractor.
8. The right of a lower-tiered
subcontractor to stop work or terminate an agreement pursuant to this section
is in addition to all other rights that the lower-tiered subcontractor may have
at law or in equity and does not impair or affect the right of a lower-tiered
subcontractor to maintain a civil action or to submit any controversy arising
under the agreement to arbitration.
9. No lower-tiered subcontractor or his or
her lower-tiered subcontractors or suppliers, or their respective sureties, may
be held liable for any delays or damages that an owner or higher-tiered
contractor may suffer as a result of the lower-tiered subcontractor and his or
her lower-tiered subcontractors and suppliers stopping their work or the
provision of materials or equipment or terminating an agreement for a
reasonable basis in law or fact and in accordance with this section.
(Added to NRS by 2001, 1617; A 2005, 1731)
NRS 624.628 Requirements concerning notices; prohibited provisions; requests
for information.
1. A lower-tiered subcontractor shall
provide a copy of any notice given to a higher-tiered contractor pursuant to
this section or NRS 624.624 or 624.626 to each lower-tiered subcontractor with whom
the lower-tiered subcontractor has entered into an agreement and who has not
fully performed under the agreement. Upon receipt of payment pursuant to NRS 624.624, the lower-tiered subcontractor shall
notify all of his or her lower-tiered subcontractors in writing of receipt of
payment.
2. A lower-tiered subcontractor shall
provide a copy of any notice given to a higher-tiered contractor pursuant to
this section or NRS 624.624 or 624.626 to all other higher-tiered contractors and the
owner, if known. The failure of a lower-tiered subcontractor to comply with
this subsection does not invalidate any notice otherwise properly given.
3. A condition, stipulation or provision
in an agreement which:
(a) Requires a lower-tiered subcontractor to
waive any rights provided in NRS 624.624 to 624.630, inclusive, or which limits those rights;
(b) Relieves a higher-tiered contractor of any
obligation or liability imposed pursuant to NRS 624.624
to 624.630, inclusive; or
(c) Requires a lower-tiered subcontractor to
waive, release or extinguish a claim or right for damages or an extension of
time that the lower-tiered subcontractor may otherwise possess or acquire as a
result of delay, acceleration, disruption or an impact event that is
unreasonable under the circumstances, that was not within the contemplation of
the parties at the time the agreement was entered into, or for which the
lower-tiered subcontractor is not responsible,
Ê is against
public policy and is void and unenforceable.
4. All notices required pursuant to this
section or NRS 624.624 or 624.626
must be:
(a) Delivered personally, in which case the
lower-tiered subcontractor shall obtain a notarized statement from the person
who delivered the notice as proof of delivery;
(b) Sent by facsimile and delivered by regular
mail, in which case the lower-tiered subcontractor shall retain proof of a
successful transmission of the facsimile;
(c) Delivered by certified mail; or
(d) Delivered in the manner provided in the
agreement between the higher-tiered contractor and the lower-tiered
subcontractor.
5. Within 5 days after the owner or any
higher-tiered contractor receives a written request for the information set
forth in paragraphs (a), (b) and (c) from a lower-tiered subcontractor with
respect to an agreement that has not been fully performed, the owner or
higher-tiered contractor shall notify the lower-tiered subcontractor in writing
of the following:
(a) The date the owner or higher-tiered
contractor made a specified payment to the prime contractor or lower-tiered
subcontractor;
(b) Whether the owner or higher-tiered contractor
has paid the prime contractor or lower-tiered subcontractor the entire amount
of a specified payment; and
(c) The amount withheld by the owner or higher-tiered
contractor of a specified payment to his or her prime contractor or
lower-tiered subcontractor and the condition or reason for the withholding.
(Added to NRS by 2001, 1618; A 2005, 1733)
Payment of Interest
NRS 624.630 Accrual of interest on money due; rate of interest. Any
money which is payable to a prime contractor, higher-tiered contractor or
lower-tiered subcontractor pursuant to NRS 624.609,
624.610, 624.620, 624.624, 624.626 or 624.628 accrues interest from the time it becomes due
at a rate equal to the higher of:
1. The rate agreed upon in the agreement
between the parties; or
2. The rate equal to the prime rate at the
largest bank in this State, as determined by the Commissioner of Financial
Institutions on January 1 or July 1, as the case may be, immediately preceding:
(a) The time at which the agreement was signed;
or
(b) If the agreement was oral, the time at which
the terms of the agreement were agreed to by the parties,
Ê plus 4
percent until the date of payment.
(Added to NRS by 1987, 557; A 2005, 1734)
UNLAWFUL ACTS; PENALTIES
NRS 624.700 Engaging in business or submitting bid without license unlawful;
prosecution; damages; bid submitted in violation of section void.
1. It is unlawful for any person or
combination of persons to:
(a) Engage in the business or act in the capacity
of a contractor within this State; or
(b) Submit a bid on a job situated within this
State,
Ê without
having an active license therefor as provided in this chapter, unless that
person or combination of persons is exempted from licensure pursuant to NRS 624.031.
2. The district attorneys in this State
shall prosecute all violations of this section which occur in their respective
counties, unless the violations are prosecuted by the Attorney General. Upon
the request of the Board, the Attorney General shall prosecute any violation of
this section in lieu of prosecution by the district attorney.
3. In addition to any other penalty
imposed pursuant to this chapter, a person who is convicted of violating
subsection 1 may be required to pay:
(a) Court costs and the costs of prosecution;
(b) Reasonable costs of the investigation of the
violation to the Board;
(c) Damages the person caused as a result of the
violation up to the amount of the person’s pecuniary gain from the violation;
or
(d) Any combination of paragraphs (a), (b) and
(c).
4. If a person submits a bid or enters
into a contract in violation of subsection 1, the bid or contract shall be
deemed void ab initio.
[1:Art. VII:186:1941; A 1953, 521]—(NRS A 1967, 1042;
1969, 939; 1987,
771; 1995,
927; 1999,
2957)
NRS 624.710 Administrative fine for engaging in business or submitting bid
without license; fine cumulative; action for fine; deposit of fine in
Construction Education Account.
1. If any person violates the provisions
of subsection 1 of NRS 624.700, subsection 1, 2 or
3 of NRS 624.720 or NRS
624.740, the Board may impose for each violation an administrative fine in
an amount that is not less than $1,000 and not more than $50,000.
2. The Board shall, by regulation,
establish standards for use by the Board in determining the amount of an
administrative fine imposed pursuant to this section. The standards must
include, without limitation, provisions requiring the Board to consider:
(a) The gravity of the violation;
(b) The good faith of the person; and
(c) Any history of previous violations of the
provisions of this chapter or the regulations of the Board committed by the
person.
3. An administrative fine imposed pursuant
to this section is in addition to any other penalty imposed pursuant to this
chapter.
4. If the administrative fine and any
interest imposed pursuant to NRS 624.300 is not
paid when due, the fine and interest, if any, must be recovered in a civil
action brought by the Attorney General on behalf of the Board.
5. All administrative fines and interest
collected pursuant to this section must be deposited with the State Treasurer
for credit to the Construction Education Account created pursuant to NRS 624.580.
(Added to NRS by 1995, 926; A 2001, 2415; 2005, 1208; 2007, 863)
NRS 624.720 Unlawful advertising; disconnection of telephone number or
beeper listed in unlawful advertisement.
1. It is unlawful for any person,
including a person exempt under the provisions of NRS
624.031, to advertise as a contractor unless the person has a license in
the appropriate classification established by the provisions of NRS 624.215 and 624.220.
2. It is unlawful for a licensed
contractor to disseminate, as part of any advertising by the contractor, any
false or misleading statement or representation of material fact that is
intended, directly or indirectly, to induce another person to use the services
of the contractor or to enter into any contract with the contractor or any
obligation relating to such a contract.
3. All advertising by a licensed contractor
must include the name of the contractor’s company and the number of the
contractor’s license.
4. If, after giving notice and holding a
hearing pursuant to NRS 624.291, the Board
determines that a person has engaged in advertising in a manner that violates
the provisions of this section, the Board may, in addition to any penalty,
punishment or disciplinary action authorized by the provisions of this chapter,
issue an order to the person to cease and desist the unlawful advertising and
to:
(a) Cause any telephone number included in the
advertising, other than a telephone number to a provider of paging services, to
be disconnected.
(b) Request the provider of paging services to
change the number of any beeper which is included in the advertising or
disconnect the paging services to such a beeper, and to inform the provider of
paging services that the request is made pursuant to this section.
5. If a person fails to comply with paragraph
(a) of subsection 4 within 5 days after receiving an order pursuant to
subsection 4, the Board may request the Public Utilities Commission of Nevada
to order the appropriate provider of telephone service to disconnect any
telephone number included in the advertisement, except for a telephone number
to a provider of paging services. If a person fails to comply with paragraph
(b) of subsection 4 within 5 days after receiving an order pursuant to
subsection 4, the Board may request the provider of paging services to switch
the beeper number or disconnect the paging services provided to the person,
whichever the provider deems appropriate.
6. If the provider of paging services
receives a request from a person pursuant to subsection 4 or a request from the
Board pursuant to subsection 5, it shall:
(a) Disconnect the paging service to the person;
or
(b) Switch the beeper number of the paging
service provided to the person.
Ê If the
provider of paging services elects to switch the number pursuant to paragraph
(b), it shall not forward or offer to forward the paging calls from the
previous number, or provide or offer to provide a recorded message that
includes the new beeper number.
7. As used in this section:
(a) “Advertising” includes, but is not limited
to, the issuance of any sign, card or device, or the permitting or allowing of
any sign or marking on a motor vehicle, in any building, structure, newspaper,
magazine or airway transmission, on the Internet or in any directory under the
listing of “contractor” with or without any limiting qualifications.
(b) “Beeper” means a portable electronic device
which is used to page the person carrying it by emitting an audible or a
vibrating signal when the device receives a special radio signal.
(c) “Provider of paging services” means an
entity, other than a public utility, that provides paging service to a beeper.
(d) “Provider of telephone service” has the
meaning ascribed to it in NRS 707.355.
(Added to NRS by 1975, 1159; A 1987, 1101; 1999, 2857, 2965; 2001, 213; 2005, 1208)
NRS 624.730 Unlawful to sit for examination on behalf of another; unlawful
to provide any portion of examination to another.
1. Except as otherwise provided in this
chapter, any person other than an applicant for a contractor’s license who
takes an examination of the Board on behalf of the applicant, is guilty of a
misdemeanor.
2. Any person who, without the
authorization of the Board, provides any portion of an examination of the Board
to another person, is guilty of a misdemeanor.
(Added to NRS by 1999, 2954)
NRS 624.740 Unlawful to act in joint venture or combination without
additional license.
1. It is unlawful for any two or more
licensees, whose licenses have been limited by the Board to contracts not
exceeding certain monetary sums and each of whom has been issued a license to
engage separately in the business or to act separately in the capacity of a
contractor within this State, jointly to submit a bid or otherwise act in the
capacity of a contractor within this State without first having secured an
additional license for acting in the capacity of such a joint venture or
combination in accordance with the provisions of this chapter as provided for
an individual, copartnership or corporation.
2. A licensee whose license is limited to
contracts not exceeding certain monetary sums cannot be a party to a joint
venture unless such licensee has secured an additional license for such joint
venture.
[4:Art. II:186:1941; A 1951, 47]—(NRS A 1963, 695)
NRS 624.750 Other unlawful acts or omissions; penalties for unlawful acts
and omissions.
1. It is unlawful for a person to commit
any act or omission described in subsection 1 of NRS
624.3012, subsection 2 of NRS 624.3013, NRS 624.3014 or subsection 1, 3 or 7 of NRS 624.3016.
2. Unless a greater penalty is otherwise
provided by a specific statute, any person who violates subsection 1, NRS 624.305, subsection 1 of NRS
624.700 or NRS 624.720 or 624.740:
(a) For a first offense, is guilty of a
misdemeanor and shall be punished by a fine of not more than $1,000, and may be
further punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense, is guilty of a gross
misdemeanor and shall be punished by a fine of not less than $2,000 nor more
than $4,000, and may be further punished by imprisonment in the county jail for
not more than 364 days.
(c) For the third or subsequent offense, is
guilty of a category E felony and shall be punished by a fine of not less than
$5,000 nor more than $10,000 and may be further punished by imprisonment in the
state prison for not less than 1 year and not more than 4 years.
3. It is unlawful for a person to receive
money for the purpose of obtaining or paying for services, labor, materials or
equipment if the person:
(a) Willfully fails to use that money for that
purpose by failing to complete the improvements for which the person received
the money or by failing to pay for any services, labor, materials or equipment
provided for that construction; and
(b) Wrongfully diverts that money to a use other
than that for which it was received.
4. Unless a greater penalty is otherwise
provided by a specific statute, any person who violates subsection 3:
(a) If the amount of money wrongfully diverted is
$1,000 or less, is guilty of a gross misdemeanor and shall be punished by a
fine of not less than $2,000 nor more than $4,000, and may be further punished
by imprisonment in the county jail for not more than 364 days.
(b) If the amount of money wrongfully diverted is
more than $1,000, is guilty of a category E felony and shall be punished by a
fine of not less than $5,000 nor more than $10,000, and may be further punished
by imprisonment in the state prison for not less than 1 year and not more than
4 years.
5. Imposition of a penalty provided for in
this section is not precluded by any disciplinary action taken by the Board
against a contractor pursuant to the provisions of NRS
624.300 to 624.305, inclusive.
[2:Art. VII:186:1941; A 1955, 378]—(NRS A 1967, 639; 1971,
182; 1975, 1161; 1981,
634; 1991,
146; 1999,
2966; 2001,
2983; 2003,
1903; 2013,
990)
PROSECUTION OF VIOLATIONS
NRS 624.800 Statute of limitations for certain violations. For any violation of the provisions of NRS 624.005 to 624.750,
inclusive, that is punishable as a misdemeanor, an indictment must be found, or
an information or complaint filed, within 2 years after the commission of the
offense.
(Added to NRS by 2005, 1200)
RESIDENTIAL SWIMMING POOLS AND SPAS
NRS 624.900 Definitions. As
used in NRS 624.900 to 624.965,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 624.905, 624.910
and 624.915 have the meanings ascribed to them in
those sections.
(Supplied in revision)
NRS 624.905 “Contract” defined. “Contract”
means any contract or agreement in which a contractor agrees to perform work
concerning a residential pool or spa.
(Added to NRS by 1997, 2698; A 2001, 2977; 2005, 2377)—(Substituted
in revision for part of NRS 597.713)
NRS 624.910 “Contractor” defined. “Contractor”
means a person licensed pursuant to the provisions of this chapter who performs
work concerning a residential pool or spa.
(Added to NRS by 1997, 2698; A 2001, 2977; 2005, 2377)—(Substituted
in revision for part of NRS 597.713)
NRS 624.915 “Work concerning a residential pool or spa” defined.
1. “Work concerning a residential pool or
spa” means any of the following acts, if performed for a fee:
(a) The design, construction, repair,
maintenance, restoration, alteration or improvement of any residential swimming
pool or spa, regardless of use, including the repair or replacement of existing
equipment or the installation of new equipment, as necessary; or
(b) Any consultation or supervision concerning
such work.
2. The scope of such work includes layout,
excavation, operation of construction pumps for removal of water, steelwork,
construction of floors, installation of gunite, fiberglass, tile and coping,
installation of all perimeter and filter piping, installation of all filter
equipment and chemical feeders of any type, plastering of the interior, construction
of decks, installation of housing for pool equipment and installation of
packaged pool heaters.
3. The scope of such work also includes
the installation of plumbing, including, without limitation, connections to
potable water, and the installation of gas lines if the contractor holds
classifications for such work pursuant to NRS 624.925.
(Added to NRS by 1997, 2698; A 2001, 2977; 2005, 2377)—(Substituted
in revision for part of NRS 597.713)
NRS 624.920 License or other authorization required to perform work
concerning residential pool or spa. A
person shall not, directly or indirectly, perform or offer to perform, for a
fee, any work concerning a residential pool or spa or any consultation or
supervision concerning such work or otherwise hold himself or herself out as
being able to perform such acts for a fee, unless the person holds:
1. A license as a contractor or
subcontractor under state law which authorizes the person to perform such acts
for a fee; or
2. Any other license, certificate,
registration or permit under state law which authorizes the person to perform
such acts for a fee.
(Added to NRS by 2005, 2376)
NRS 624.925 Classifications of licensing.
1. The Board shall adopt regulations to
provide for classifications of licensing that authorize a contractor who performs
work concerning a residential pool or spa to perform, in connection with such
work, the installation of:
(a) Plumbing, including, without limitation,
connections to potable water; and
(b) Gas lines.
2. The regulations adopted by the Board
must include, without limitation, regulations establishing the qualifications,
training and examinations that are required for such classifications.
(Added to NRS by 2005, 2376)
NRS 624.930 Contractor and subcontractor required to obtain permits and meet
certain requirements; certain owner-builders required to submit information
regarding bonds and insurance; supervision and control of work; license or
other authorization required to perform certain acts for owner-builder.
1. Any contractor or subcontractor who
performs work concerning a residential pool or spa shall, regardless of whether
the work is performed under the direction of a builder who is also the owner of
the property being improved:
(a) Apply for and obtain all applicable permits
for the project; and
(b) Meet all applicable requirements imposed
pursuant to this chapter and any regulations adopted by the Board with respect
to contracts for work concerning a residential pool or spa.
2. If a contractor or subcontractor
performs work concerning a residential pool or spa and the work is performed
under the direction of a builder who is also the owner of the property being
improved, the owner shall comply with all state and local laws and ordinances
for the submission of names, licenses and information concerning any required
bonds and insurance with respect to the contractors and subcontractors working
on the project.
3. With respect to a contract for work
concerning a residential pool or spa, the work performed pursuant to such a
contract must be supervised and controlled directly by the qualified employee
or qualified officer of the contractor.
4. If work concerning a residential pool
or spa is performed under the direction of a builder who is exempt from having
to obtain a license as a contractor because the builder is also the owner of
the property being improved, a person shall not, directly or indirectly,
perform or offer to perform, for a fee, any act as a consultant, adviser,
assistant or aide to the builder for the purposes of the project, including,
without limitation, any act associated with obtaining permits for the project,
or otherwise hold himself or herself out as being able to perform such acts for
a fee, unless the person holds:
(a) A license as a contractor or subcontractor
under state law which authorizes the person to perform such acts for a fee; or
(b) Any other license, certificate, registration
or permit under state law which authorizes the person to perform such acts for
a fee.
(Added to NRS by 2001, 2976; A 2003, 1233; 2005, 2377)—(Substituted
in revision for NRS 597.715)
NRS 624.935 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)
NRS 624.940 Mandatory elements and required information in contracts;
contractor to furnish copy of signed documents and receipt for money paid;
certain contracts void; contractor to apply for and obtain necessary permits.
1. The Board shall adopt by regulation
mandatory elements to be included in all contracts to be used by contractors
for work concerning a residential pool or spa. Such mandatory elements must not
be waived or limited by contract or in any other manner. On and after October
1, 2001, any contract entered into between a contractor and the owner of a
single-family residence for work concerning a residential pool or spa must
comply with the standard elements adopted by the Board. A contract that does
not comply with the standard elements adopted by the Board is void and
unenforceable against the owner.
2. Any such contract in an amount of more
than $1,000 must contain in writing at least the following information:
(a) The name of the contractor and his or her
business address and license number.
(b) The name and mailing address of the owner and
the address or legal description of the property.
(c) The date of execution of the contract.
(d) The estimated date of completion of all work
to be performed under the contract.
(e) A description of the work to be performed
under the contract.
(f) The total amount to be paid to the contractor
by the owner for all work to be performed under the contract, including all
applicable taxes.
(g) The amount, not to exceed $1,000 or 10
percent of the aggregate contract price, whichever is less, of any initial down
payment or deposit paid or promised to be paid to the contractor by the owner
before the start of construction.
(h) A statement that the contractor has provided
the owner with the notice and informational form required by NRS 624.600.
(i) A statement that any additional work to be
performed under the contract, whether or not pursuant to a change order, which
will require the owner to pay additional money and any other change in the terms
in the original contract must be agreed to in writing by the parties and
incorporated into the original contract as a change order. A change order is
not enforceable against the owner contracting for work concerning a residential
pool or spa unless the change order clearly sets forth the scope of work to be
completed and the price to be charged for the changes and is signed by the
owner.
(j) A plan and scale drawing showing the shape,
size, dimensions and the specifications for the construction and equipment for
the residential pool or spa and for other home improvements, and a description
of the work to be done, the materials to be used and the equipment to be
installed, and the agreed consideration for the work.
(k) Except as otherwise provided in this
subsection, the dollar amount of any progress payment and the stage of
construction at which the contractor will be entitled to collect progress
payments during the course of construction under the contract. The schedule of
payments must show the amount of each payment as a sum in dollars and cents.
The schedule of payments must not provide for the contractor to receive, nor
may the contractor actually receive, payments in excess of 100 percent of the
value of the work performed on the project at any time, excluding finance
charges, except for an initial down payment or deposit as authorized by
subsection 1 of NRS 624.935 or the regulations
adopted by the Board. With respect to a contract executed before October 1,
2001, if any schedule of payments set forth in the contract does not comply
with the provisions of this chapter or any regulations adopted pursuant
thereto:
(1) The obligation of the owner to make
payments in accordance with the payment schedule shall be deemed void and
unenforceable; and
(2) The lender, if any, may not initiate
proceedings to enforce the payment of any applicable loan unless and until the
contract is reformed or otherwise amended to comply with those provisions of
law.
Ê The
provisions of this paragraph do not apply if the contractor has furnished a
bond for payment and performance covering full performance and completion of
the contract and the cost of the bond is included in the price of the project
or if the contractor builds a residential pool or spa as part of the original
building plan pursuant to which the contractor builds a single-family residence
on the premises.
(l) If the contract provides for payment of a
commission to a salesperson out of the contract price, a statement that the
payment must be made on a pro rata basis in proportion to the schedule of
payments made to the contractor by the disbursing party in accordance with the
provisions of paragraph (k).
Ê Except as
otherwise provided in subsection 5, the contract may contain such other
conditions, stipulations or provisions as to which the parties may agree.
3. The contract must contain:
(a) A method whereby the owner may initial
provisions of the contract, thereby indicating that those provisions have been
read and are understood.
(b) In close proximity to the signatures of the
owner and the contractor, a notice stating that the owner:
(1) May contact the Board if assistance is
needed to clarify any of the provisions of the contract that the owner does not
fully understand; and
(2) Has the right to request a bond for
payment and performance if such a bond is not otherwise required pursuant to NRS 624.270.
4. At the time the owner signs the
contract, the contractor shall furnish the owner a legible copy of all
documents signed and a written and signed receipt for any money paid to the
contractor by the owner. All written information provided in the contract must
be printed in at least 10-point bold type.
5. A condition, stipulation or provision
in a contract that requires a person to waive any right provided by NRS 624.900 to 624.965,
inclusive, or relieves a person of an obligation or liability imposed by those
sections is void. Failure to comply with the requirements of NRS 624.900 to 624.965,
inclusive, renders a contract void and unenforceable against the owner.
6. The contractor shall apply for and
obtain all necessary permits.
(Added to NRS by 1997, 2699; A 2001, 2978; 2005, 2378)—(Substituted
in revision for NRS 597.719)
NRS 624.945 Standards for advertisements; prohibited advertising practices.
1. The Board shall adopt by regulation
standards for advertisements used by contractors in connection with the
solicitation or sale of contracts for work concerning residential pools or
spas.
2. The regulations adopted pursuant to
subsection 1 must prohibit a contractor from employing “bait and switch”
advertising or otherwise intentionally publishing, displaying or circulating
any advertisement which is misleading or inaccurate in any material particular
or which misrepresents any of the goods or services sold or furnished by the
contractor to members of the public.
3. The Board shall, in adopting the
standards required by subsection 1, give consideration to the provisions of chapter 598 of NRS relating to advertisements
that constitute deceptive trade practices and, to the extent practicable, adopt
standards that are at least as stringent as those provisions.
4. A contractor shall not cause to be published
or display or circulate any advertisement that does not comply with the
standards adopted by the Board pursuant to subsection 1.
5. As used in this section, “bait and
switch” advertising has the meaning ascribed to it in NRS 482.351.
(Added to NRS by 2001, 2975; A 2005, 2380)—(Substituted
in revision for NRS 597.7191)
NRS 624.950 Limitations on contractor’s involvement with entities engaged in
certain lending and financial services.
1. Except as otherwise provided in this
section and NRS 624.955, a contractor who performs
work concerning a residential pool or spa shall not act as, or carry out the duties
of, an officer, director, employee or owner of a bonding company, finance
company, or any other corporation or business entity who cosigns, underwrites,
obtains a deed of trust for, issues, sells, purchases or acquires a loan to
finance work concerning a residential pool or spa.
2. The provisions of this section do not
prohibit a contractor from owning, holding or possessing, either directly or
indirectly through a mutual fund or any other financial arrangement or
investment plan, any stocks or other securities issued by a company,
corporation or business entity described in subsection 1 if:
(a) The stocks or other securities are offered
openly to the public through a securities exchange; and
(b) The contractor does not own, hold or possess
a controlling interest in the company, corporation or business entity.
(Added to NRS by 2001, 2976; A 2003, 1234; 2005, 2381)—(Substituted
in revision for NRS 597.7192)
NRS 624.955 Limitations on certain lending and financial practices.
1. A contract for work concerning a
residential pool or spa is not enforceable against the owner if the obtaining
of a loan for all or a portion of the contract price is a condition precedent
to the contract unless all of the following requirements are satisfied:
(a) A third party agrees to make the loan or give
the financing.
(b) The owner agrees to accept the loan or financing.
(c) The owner does not rescind the loan or
financing transaction within the period prescribed for rescission pursuant to
the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.
2. Unless and until all applicable
requirements of subsection 1 are satisfied, a contractor shall not:
(a) Perform or deliver any work, labor, material
or services; or
(b) Represent in any manner that the contract is
enforceable or that the owner has any obligation under the contract.
3. A contract for work concerning a
residential pool or spa is not enforceable against the owner if the contractor
provides a loan or gives financing for all or a portion of the contract price
unless all of the following requirements are satisfied:
(a) The owner agrees to accept the loan or
financing.
(b) The owner does not rescind the loan or
financing transaction within the period prescribed for rescission pursuant to
the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.
4. Unless and until all applicable
requirements of subsection 3 are satisfied, a contractor shall not:
(a) Perform or deliver any work, labor, material
or services; or
(b) Represent in any manner that the contract is
enforceable or that the owner has any obligation under the contract.
5. A contract for work concerning a
residential pool or spa is not enforceable against the owner if the contractor
receives from a third party, either directly or indirectly, remuneration or any
other thing of value for a loan to finance the work and that fact is not
disclosed in writing in the contract.
6. As used in this section, “third party” means
a bonding company, finance company, or any other corporation or business entity
who cosigns, underwrites, obtains a deed of trust for, issues, sells, purchases
or acquires a loan to finance work concerning a residential pool or spa.
(Added to NRS by 2001, 2976; A 2005, 2381)—(Substituted
in revision for NRS 597.7194)
NRS 624.960 Contractor who commits certain violations may be required to
obtain services of construction control.
1. If a contractor who performs work
concerning a residential pool or spa is determined by the Board to have
violated:
(a) One or more of the provisions of NRS 624.301 to 624.305,
inclusive, or 624.920, 624.935
or 624.940; or
(b) Any regulation adopted by the Board with
respect to contracts for work concerning a residential pool or spa,
Ê the Board
may require that the contractor obtain the services of a construction control
for each contract that the contractor enters into for work concerning a
residential pool or spa.
2. The contractor may not:
(a) Be related to the construction control or to
an employee or agent of the construction control; or
(b) Hold, directly or indirectly, a financial
interest in the business of the construction control.
3. As used in this section, “construction
control” has the meaning ascribed to it in NRS
627.050.
(Added to NRS by 2001, 2975; A 2005, 2382)—(Substituted
in revision for NRS 597.7196)
NRS 624.965 Grounds for disciplinary action; unlawful acts; penalties.
1. A violation of any provision of NRS 624.900 to 624.965,
inclusive, or any regulation adopted by the Board with respect to contracts for
work concerning a residential pool or spa by a contractor constitutes cause for
disciplinary action pursuant to NRS 624.300.
2. It is unlawful for a person to violate
any provision of NRS 624.900 to 624.965, inclusive.
3. Any person who violates any provision
of NRS 624.900 to 624.965,
inclusive:
(a) For a first offense, is guilty of a
misdemeanor and shall be punished by a fine of not more than $1,000, and may be
further punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense, is guilty of a gross
misdemeanor and shall be punished by a fine of not less than $2,000 nor more
than $4,000, and may be further punished by imprisonment in the county jail for
not more than 364 days.
(c) For the third or subsequent offense, is
guilty of a category E felony and shall be punished by a fine of not less than
$5,000 nor more than $10,000 and may be further punished by imprisonment in the
state prison for not less than 1 year and not more than 4 years.
4. The imposition of a penalty provided
for in this section is not precluded by any disciplinary action taken by the
Board against a contractor pursuant to the provisions of NRS
624.300 to 624.305, inclusive.
(Added to NRS by 2001, 2977; A 2005, 2382; 2013, 991)—(Substituted
in revision for NRS 597.7198)
