Nevada Revised Statutes
Chapter 338 - Public Works
NRS 338.090 - Penalties.


1. Except as otherwise provided in subsection 5, any person, including the officers, agents or employees of a public body, who violates any provision of NRS 338.010 to 338.090, inclusive, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.
2. The Labor Commissioner, in addition to any other remedy or penalty provided in this chapter:
(a) Shall, except as otherwise provided in subsection 4, assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid; and
(b) May, in addition to any other administrative penalty, impose an administrative penalty not to exceed the costs incurred by the Labor Commissioner to investigate and prosecute the matter.
3. If the Labor Commissioner finds that a person has failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay the actual costs incurred by the public body to investigate the matter.
4. The Labor Commissioner is not required to assess a person an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid if the contractor or subcontractor has already paid that amount to a worker pursuant to paragraph (c) of subsection 4 of NRS 338.035.
5. The provisions of subsection 1 do not apply to a subcontractor specified in NRS 338.072.
[7 1/2:139:1937; A 1941, 389; 1931 NCL § 6179.57 1/2]—(NRS A 1967, 553; 1985, 2041; 1993, 2248; 2001, 1149; 2003, 799, 2417; 2013, 1027; 2019, 703)

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Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 338 - Public Works

NRS 338.010 - Definitions.

NRS 338.011 - Applicability: Contracts related to normal operation and normal maintenance; contracts related to emergency.

NRS 338.0115 - Inapplicability of this chapter and chapters 332 and 339 of NRS to certain projects constructed by private developers.

NRS 338.0116 - Legislative findings and declarations.

NRS 338.01165 - Requirements relating to use of apprentices on public works; modification or waiver of requirements; apprenticeship agreement; regulations.

NRS 338.0117 - Qualification to receive preference in bidding: Submission of affidavit to public body certifying compliance with requirements; provisions required to be included in contract; written objections for failure to comply with requirements;...

NRS 338.0118 - Adoption by local government of policies providing for use of certain recycled materials in public road and highway projects; use of such materials; exception.

NRS 338.012 - Regulations of Labor Commissioner.

NRS 338.013 - Inclusion of identifying number from Labor Commissioner in advertisement or solicitation and bids and other responsive documents; reports by public bodies and contractors to Labor Commissioner.

NRS 338.015 - Enforcement by Labor Commissioner and Attorney General.

NRS 338.016 - Civil action against contractor after imposition of administrative penalty to recover damages resulting from commission of offense; rebuttable presumption; costs and attorney’s fees.

NRS 338.017 - Temporary prohibition or disqualification of contractor from award of contract after imposition of administrative penalty or debarment by Federal Government; notification of State Contractors’ Board.

NRS 338.018 - Applicability to certain contracts for construction work of Nevada System of Higher Education.

NRS 338.020 - Hourly and daily rate of wages must not be less than prevailing wage in region; rate must be included in contract and posted on-site; payment of overtime; wages paid in accordance with jurisdictional classes recognized in region.

NRS 338.025 - Prevailing wage regions.

NRS 338.030 - Procedure for determination of prevailing wage in region; duration of rates.

NRS 338.035 - Discharge of part of obligation of contractor or subcontractor engaged on public work to pay wages by providing bona fide fringe benefits in name of worker.

NRS 338.040 - Workers deemed to be employed on public works; regulations.

NRS 338.050 - Contractual relationships: Applicability of NRS 338.010 to 338.090, inclusive.

NRS 338.060 - Forfeitures when workers paid less than designated rates or willfully reported in inaccurate or incomplete manner or not reported to public body; forfeiture clause in contracts; regulation establishing sliding scale for penalties; recov...

NRS 338.070 - Investigations of violations by public bodies; withholding of certain sums by public bodies and contractors; maintenance and inspection of records regarding employees; regulations regarding procedures for electronic filing of records re...

NRS 338.072 - Requirement for subcontractor to hold state business license.

NRS 338.075 - Applicability to certain contracts for construction work of Nevada System of Higher Education.

NRS 338.080 - Exemptions.

NRS 338.090 - Penalties.

NRS 338.125 - Fair employment practices: Contents of contracts concerning public works; violation constitutes material breach of contract.

NRS 338.127 - Employer authorized to enforce health and safety requirements notwithstanding protections for hair texture and protective hairstyles.

NRS 338.130 - Preferential employment in construction of public works.

NRS 338.135 - Rental or lease of trucks or truck and trailer combinations by contractors or subcontractors: Hourly rate for vehicle and services of driver.

NRS 338.1373 - Option of local governments to comply with alternative procedures; public bodies prohibited from using reverse auctions; inapplicability of certain provisions to contracts awarded by Department of Transportation.

NRS 338.1375 - State public works: Acceptance of bids from qualified bidders only; adoption and use of criteria for qualification of bidders.

NRS 338.1376 - State public works: Qualification of subcontractors; disqualification; appeal.

NRS 338.1377 - Local government public works: Adoption of criteria for qualification of bidders.

NRS 338.1378 - Local government public works: Advertisement required before acceptance of applications for qualification of bidders.

NRS 338.1379 - State and local government public works: Submission of application to qualify as bidder; investigation of applicant; determination; notice; period of qualification; use of criteria; confidentiality of certain financial information conc...

NRS 338.1381 - State and local government public works: Procedure upon appeal of denial of application to qualify as bidder or disqualification of subcontractor.

NRS 338.1382 - Local government public works: Alternative procedure for qualification of bidders.

NRS 338.1384 - Definitions.

NRS 338.13841 - "Business owned and operated by a veteran with a service-connected disability" defined.

NRS 338.13842 - "Local business" defined.

NRS 338.13843 - "Veteran with a service-connected disability" defined.

NRS 338.13844 - Amount of preferences.

NRS 338.13845 - Fraudulent acts.

NRS 338.13846 - Duty of State Public Works Division to report to Legislature.

NRS 338.13847 - Regulations.

NRS 338.1385 - Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public in...

NRS 338.1386 - State or local government to award contract for smaller public work to contractor or perform public work itself.

NRS 338.13862 - Requirements for awarding contract for smaller public work to contractor.

NRS 338.13864 - Attestation required before State or local government may perform certain smaller public works itself.

NRS 338.1389 - Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility b...

NRS 338.13895 - Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor; rescission of award of contract to unlicensed or improperly licensed contractor before commencement of work.

NRS 338.139 - Awarding of contract to specialty contractor: Conditions.

NRS 338.140 - Requirements and limitations relating to drafting of specifications for bids; documents generated by bidder in preparation or determination of prices included in bid.

NRS 338.141 - Bids to include certain information concerning subcontractors and prime contractors; when bids deemed not responsive with respect to subcontractors; requirements and penalties for substitution of named subcontractors.

NRS 338.1415 - Local government prohibited from accepting bid on contract for public work submitted by contractor who materially breached certain contracts for public works.

NRS 338.142 - Notice of protest of award of contract: Period for filing; contents; posting and disposition of bond or security; stay of action; immunity of public body from liability to bidder.

NRS 338.1423 - Prohibition against public body entering into express or implied contract for public work providing that construction materials or goods be purchased or supplied by public body or contractor who is constituent part or acting on behalf...

NRS 338.1425 - Prohibition against public body entering into contract with design professional who is not member of design-build team for services on public work until certain period after public body transmits certain information to licensing board...

NRS 338.1427 - Duty of State Public Works Division to report to Office of Economic Development concerning local emerging small businesses.

NRS 338.143 - Advertising for bids and compliance with certain provisions required for commencement of certain public works; quarterly reports of awarded contracts by authorized representatives; availability of plans and specifications for public ins...

NRS 338.1435 - Constructability review of initially used plans and specifications required before advertising for bids for contracts for larger public works.

NRS 338.1442 - Local government to award contract for smaller public work to contractor or perform public work itself.

NRS 338.1444 - Award of contract for smaller public work to contractor: Solicitation of bids; rejection of bids; quarterly report by local government; compliance by local government with certain requirements.

NRS 338.1446 - Attestation required before local government may perform certain smaller public works itself.

NRS 338.147 - Contract for public work for which estimated cost exceeds $250,000 must be awarded to contractor who submits best bid; certain bids deemed best bid; eligibility to receive preference in bidding; issuance of certificate of eligibility by...

NRS 338.1475 - Award of contract to unlicensed or improperly licensed contractor prohibited; replacement of unacceptable subcontractor before contract is awarded; rescission of award of contract to unlicensed or improperly licensed contractor before...

NRS 338.148 - Awarding of contract to specialty contractor: Conditions.

NRS 338.150 - Provisions requiring use of method of alternate dispute resolution before initiation of judicial action; exception.

NRS 338.153 - Provision requiring persons who provide labor, equipment, materials, supplies or services for public work to comply with all applicable state and local laws.

NRS 338.155 - Provisions relating to design professional who is not member of design-build team.

NRS 338.158 - Definitions.

NRS 338.1581 - "Concession" defined.

NRS 338.1582 - "Private partner" defined.

NRS 338.1583 - "Public-private partnership" defined.

NRS 338.1584 - "Transportation facility" defined.

NRS 338.1585 - "User fee" defined.

NRS 338.1586 - Applicability.

NRS 338.1587 - Public-private partnership: Authority to enter; authorized provisions.

NRS 338.1588 - Public-private partnership: Methods of procurement; information required to be provided by public body for certain procurements; relative weight of factors in evaluation of proposals; exemption from public bidding or procurement proced...

NRS 338.1589 - Alternative methods: Authorization.

NRS 338.159 - Alternative methods: Submission of request to public body; contents of request.

NRS 338.1591 - Alternative methods: Request for submission of proposals by public body.

NRS 338.1592 - Approval of request, proposal or submission: Determination of public purpose; staff reports; copy of request, proposal or submission to be furnished to affected governmental entities; fee; approval contingent on entering agreement with...

NRS 338.1593 - Confidentiality of information obtained by or disclosed to public body in connection with request, proposal or public-private partnership.

NRS 338.1594 - Financing.

NRS 338.1595 - Acceptance of federal money; agreements or arrangements with United States; acceptance of grants, donations, gifts and conveyances; combination of public and private money authorized.

NRS 338.1596 - Deposit and use of money received and retained by public body pursuant to public-private partnership derived from charge with respect to operation of motor vehicle on highway in State.

NRS 338.1597 - User fee for use of roadway constructed or improved as part of public-private partnership prohibited; exception.

NRS 338.1598 - Contract for services under alternative methods.

NRS 338.1599 - Federal, state or local assistance.

NRS 338.1601 - Eminent domain.

NRS 338.1602 - Applicability of state and federal laws.

NRS 338.161 - "Transportation facility" defined.

NRS 338.1615 - Applicability.

NRS 338.162 - Alternative methods of authorization.

NRS 338.163 - Submission of request to public body; contents of request.

NRS 338.164 - Request for submission of proposals by public body.

NRS 338.166 - Approval of request or proposal: Determination of public purpose; staff reports; copy of request or proposal to be furnished to affected governmental entities; fee; approval contingent on entering agreement with public body; establishme...

NRS 338.167 - Contract for transportation services.

NRS 338.168 - Federal, state or local assistance.

NRS 338.1685 - Declaration of legislative intent.

NRS 338.169 - Public body authorized to construct public work by selecting and entering into contracts with construction manager at risk; limitations.

NRS 338.1691 - Qualifications for construction manager at risk.

NRS 338.1692 - Advertising for proposals for construction manager at risk; contents of request for proposals; requirements for proposals; availability of names of applicants; substitution of employees.

NRS 338.16925 - Confidentiality of documents and other information submitted in response to request for proposals.

NRS 338.1693 - Procedure for selection of most qualified applicants; minimum number of proposals required; negotiation of contract for preconstruction services; availability of certain information to applicants and public; provision of explanation to...

NRS 338.16935 - Contract between construction manager at risk and subcontractor for certain preconstruction services.

NRS 338.1696 - Negotiation of contract for construction of public work or portion thereof with construction manager at risk; awarding of contract if public body unable to negotiate satisfactory contract with construction manager at risk; provision by...

NRS 338.1697 - Authorized provision in contract with construction manager at risk for construction of public work or portion thereof for guaranteed maximum price.

NRS 338.1698 - Required and authorized provisions in contract for construction of public work or portion thereof awarded to construction manager at risk.

NRS 338.16985 - Duties and powers of construction manager at risk who enters into contract for construction of public work or portion thereof.

NRS 338.16991 - Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Eligibility; procedure for determination of qualification of subcontractor to submit proposal.

NRS 338.16995 - Contract between construction manager at risk and subcontractor to provide labor, materials or equipment on project: Authority to enter into; procedure for awarding subcontracts of certain estimated value; substitution of subcontracto...

NRS 338.1711 - Contracts for which public body is required or authorized to enter into with prime contractor or design-build team.

NRS 338.1715 - Procedure for selecting design-build team.

NRS 338.1717 - Employment of architect, general contractor, construction manager as agent, landscape architect or engineer as consultant.

NRS 338.1718 - Contract with construction manager as agent.

NRS 338.1721 - Qualifications of design-build team.

NRS 338.1723 - Advertisement for preliminary proposals.

NRS 338.1725 - Selection of finalists based on preliminary proposals; minimum number of proposals required; availability to public of certain information.

NRS 338.1727 - Request for and submission of final proposals; selection or rejection of final proposals; awarding of contract; partial reimbursement of unsuccessful finalists in certain circumstances; contents of contract; availability to public of c...

NRS 338.173 - Certificate of eligibility to receive preference when competing for public works to certain design professionals: Issuance; duration; ineligibility for submission of false information; regulations; fees; written objections.

NRS 338.175 - Substantially incomplete or rejected plans submitted by registered architect, interior designer, residential designer or landscape architect.

NRS 338.176 - Substantially incomplete or rejected plans submitted by licensed professional engineer or land surveyor.

NRS 338.177 - Lease of property acquired by local government for public work pending completion of public work.

NRS 338.180 - Accommodation of persons with physical handicap or disability; specific requirements relating to single-stall restrooms available to public; verification of conformity with requirements; enforcement.

NRS 338.185 - Public body to reimburse contractor for certain costs of locating underground facility of public utility.

NRS 338.1908 - Retrofitting of local governmental buildings, facilities and structures with consideration of use of sources of renewable energy. [Effective through December 31, 2025.] Retrofitting of local governmental buildings, facilities and struc...

NRS 338.193 - Standards for plumbing fixtures.

NRS 338.195 - Survey for presence of asbestos required before renovation or demolition of public building or structure.

NRS 338.200 - Prohibition against naming public building or structure after current member of governing body.

NRS 338.400 - Definitions.

NRS 338.415 - "Progress bill" defined.

NRS 338.420 - "Progress payment" defined.

NRS 338.425 - "Retainage" defined.

NRS 338.430 - "Retainage bill" defined.

NRS 338.435 - "Retainage payment" defined.

NRS 338.455 - Methods to be used for providing notice.

NRS 338.460 - Period for accrual of interest on retainage.

NRS 338.480 - Provisions inapplicable to certain contracts made by Department of Transportation.

NRS 338.485 - Waiver or modification of right, obligation or liability set forth in NRS 338.400 to 338.645, inclusive, prohibited; certain conditions, stipulations or provisions of contract void and unenforceable.

NRS 338.490 - Limitations on requiring release or waiver of right to receive progress payment or retainage payment.

NRS 338.510 - Submittal of progress bills.

NRS 338.515 - Time for making payments; amounts paid; amounts withheld as retainage; rate of interest paid on amounts withheld; powers of Labor Commissioner when worker is owed wages.

NRS 338.520 - Payment of outstanding balance upon occupancy, use or recording of notice of completion.

NRS 338.525 - Withholding amounts for failure of contractor to comply with contract or applicable building code, law or regulation; payment of amounts withheld upon confirmation of correction of condition.

NRS 338.530 - Payment of interest on amounts withheld improperly.

NRS 338.535 - Public body to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.

NRS 338.550 - Time for making payments; amounts paid.

NRS 338.555 - Amounts withheld as retainage; payment of interest.

NRS 338.560 - Withholding amounts for failure of subcontractor or supplier to comply with subcontract or applicable building code, law or regulation or for claim for wages against subcontractor; payment of amounts withheld upon correction of conditio...

NRS 338.565 - Payment of interest on amounts withheld improperly.

NRS 338.570 - Contractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.

NRS 338.590 - Time for making payments; amounts paid.

NRS 338.595 - Amounts withheld as retainage; payment of interest.

NRS 338.600 - Withholding amounts for failure of subcontractor or supplier to comply with subcontract or applicable building code, law or regulation; payment of amounts withheld upon correction of condition.

NRS 338.605 - Payment of interest on amounts withheld improperly.

NRS 338.610 - Subcontractor to provide notice concerning progress payments and retainage payments to certain subcontractors and suppliers.

NRS 338.630 - Action by contractor for alternate writ of mandamus to compel performance by public body.

NRS 338.635 - Action by subcontractor or supplier to remedy unjustified or excessive withholding.

NRS 338.640 - Award of reasonable costs and attorney’s fees to prevailing party.

NRS 338.645 - Other rights and remedies not affected.