1. A construction manager as agent:
(a) Must:
(1) Be a contractor licensed pursuant to chapter 624 of NRS;
(2) Hold a certificate of registration to practice architecture, interior design or residential design pursuant to chapter 623 of NRS; or
(3) Be licensed as a professional engineer pursuant to chapter 625 of NRS.
(b) May enter into a contract with a public body to assist in the planning, scheduling and management of the construction of a public work without assuming any responsibility for the cost, quality or timely completion of the construction of the public work. A construction manager as agent who enters into a contract with a public body pursuant to this section may not:
(1) Take part in the design or construction of the public work; or
(2) Act as an agent of the public body to select a subcontractor if the work to be performed by the subcontractor is part of a larger public work.
2. Except as otherwise provided in subsection 3, the selection of a construction manager as agent to perform services pursuant to subsection 1 must be made on the basis of the competence and qualifications of the construction manager as agent for the type of services to be performed and not on the basis of competitive fees. If, after selection of the construction manager as agent, an agreement upon a fair and reasonable fee cannot be reached with him or her, the public body may terminate negotiations and select another construction manager as agent. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a construction manager as agent pursuant to this subsection, the public body shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference when competing for public works. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.
3. The provisions of subsection 2 do not apply to a contract between a public body and a construction manager as agent to perform services for a public work for which the estimated cost is $100,000 or less.
(Added to NRS by 2007, 2895; A 2011, 3698; 2021, 2217)
Structure Nevada Revised Statutes
NRS 338.0116 - Legislative findings and declarations.
NRS 338.012 - Regulations of Labor Commissioner.
NRS 338.015 - Enforcement by Labor Commissioner and Attorney General.
NRS 338.025 - Prevailing wage regions.
NRS 338.030 - Procedure for determination of prevailing wage in region; duration of rates.
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 338.072 - Requirement for subcontractor to hold state business license.
NRS 338.130 - Preferential employment in construction of public works.
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 338.1382 - Local government public works: Alternative procedure for qualification of bidders.
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 338.13862 - Requirements for awarding contract for smaller public work to contractor.
NRS 338.139 - Awarding of contract to specialty contractor: Conditions.
NRS 338.148 - Awarding of contract to specialty contractor: Conditions.
NRS 338.155 - Provisions relating to design professional who is not member of design-build team.
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 338.1587 - Public-private partnership: Authority to enter; authorized provisions.
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 338.1598 - 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 338.162 - 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 338.167 - Contract for transportation services.
NRS 338.168 - Federal, state or local assistance.
NRS 338.1685 - Declaration of legislative intent.
NRS 338.1691 - Qualifications for construction manager at risk.
NRS 338.1715 - Procedure for selecting design-build team.
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 338.193 - Standards for plumbing fixtures.
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 338.510 - Submittal of progress bills.
NRS 338.530 - Payment of interest on amounts withheld improperly.
NRS 338.550 - Time for making payments; amounts paid.
NRS 338.555 - Amounts withheld as retainage; payment of interest.
NRS 338.565 - Payment of interest on amounts withheld improperly.
NRS 338.590 - Time for making payments; amounts paid.
NRS 338.595 - Amounts withheld as retainage; payment of interest.
NRS 338.605 - Payment of interest on amounts withheld improperly.
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.