1. Except as otherwise provided in subsections 2 and 3, every original contractor entering into any contract in this State for the erection, construction, alteration, maintenance or repair, including, without limitation, repairs made under a warranty, of any building or structure, including, without limitation, any equipment or fixtures related thereto, or other work of improvement, shall assume and is liable for the indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for the original contractor in performing any labor, construction or other work included in the subject of the original contract, for labor, and for the requirements imposed by chapters 616A to 617, inclusive, of NRS.
2. Except as otherwise provided in subsection 6, the provisions of subsection 1 do not require an original contractor to assume or be liable for any liability of a subcontractor or other contractor in excess of the indebtedness for labor incurred by a subcontractor or any other contractor acting under, by or for the original contractor if such indebtedness for labor had been paid when originally due.
3. The provisions of subsection 1 do not require an original contractor to assume or be liable for any liability of a subcontractor or other contractor for any amount for which the original contractor did not receive proper notice in accordance with NRS 608.152.
4. It is unlawful for any original contractor or any other person to fail to comply with the provisions of subsection 1, or to attempt to evade the responsibility imposed thereby, or to do any other act or thing tending to render nugatory the provisions of this section.
5. The district attorney of any county wherein the defendant may reside or be found, or any potential claimant pursuant to this section may institute civil proceedings against any such original contractor failing to comply with the provisions of this section in a civil action for the amount of any indebtedness for labor that may be owing or have accrued as a result of the failure of any subcontractor acting under the original contractor, and any property of the original contractor, not exempt by law, is subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.
6. In any court action regarding a claim instituted pursuant to this section, the court shall award costs and reasonable attorney’s fees to the prevailing party. If the claimant is the prevailing party, the court shall award to the claimant the applicable interest that has accrued after the claimant provided to the original contractor, subcontractor or other contractor the written notice of such claim pursuant to NRS 608.152 or otherwise notifies the original contractor of a claim under NRS 608.150.
7. As used in this section:
(a) "Contractor" has the meaning ascribed to it in NRS 624.020.
(b) "Original contractor" includes a contractor or any other person who enters into a contract described in subsection 1.
[1:208:1931; 1931 NCL § 2824] + [2:208:1931; 1931 NCL § 2825]—(NRS A 1967, 623; 1985, 580; 1999, 206; 2015, 1931; 2017, 1212)
Structure Nevada Revised Statutes
Chapter 608 - Compensation, Wages and Hours
NRS 608.005 - Legislative declaration.
NRS 608.009 - "Domestic service employee" defined.
NRS 608.010 - "Employee" defined.
NRS 608.011 - "Employer" defined.
NRS 608.0113 - "Private employment" defined.
NRS 608.0116 - "Professional" defined.
NRS 608.012 - "Wages" defined.
NRS 608.0123 - "Week of work" defined.
NRS 608.0126 - "Workday" defined.
NRS 608.013 - Employer to post abstract of chapter.
NRS 608.015 - Unlawful to induce employee to refrain from testifying.
NRS 608.0155 - Persons presumed to be independent contractor.
NRS 608.016 - Payment for each hour of work; trial or break-in period not excepted.
NRS 608.0165 - Basis for payment of employee who manufactures or uses explosives; penalty.
NRS 608.017 - Discrimination on basis of sex prohibited; exceptions.
NRS 608.018 - Compensation for overtime: Requirement; exceptions.
NRS 608.019 - Periods for meals and rest.
NRS 608.0195 - Periods for sleep.
NRS 608.020 - Discharge of employee: Immediate payment.
NRS 608.030 - Payment of employee who resigns or quits employment.
NRS 608.040 - Penalty for failure to pay discharged or quitting employee.
NRS 608.050 - Wages to be paid at termination of service: Penalty; employee’s lien.
NRS 608.060 - Semimonthly payments; exceptions.
NRS 608.070 - Agreements between employers and employees for other than semimonthly payments.
NRS 608.090 - Adjustment of wages for additional payments; notice by employer; payment.
NRS 608.110 - Withholding of portion of wages.
NRS 608.115 - Records of wages.
NRS 608.120 - Manner of payment of wages.
NRS 608.140 - Assessment of attorney’s fees in action for recovery of wages.
NRS 608.154 - Lodging as part of wages or compensation; exception.
NRS 608.155 - Meals as part of wages or compensation; exception.
NRS 608.1555 - Benefits for health care: Provision in same manner as policy of insurance.
NRS 608.157 - Benefits for health care: Coverage for mastectomy and reconstructive surgery.
NRS 608.1575 - Benefits for health care: Services provided by certain nurses.
NRS 608.165 - Special uniforms, accessories and cleaning to be furnished without cost to employee.
NRS 608.170 - Assignment of wages void against judgment creditors; prima facie evidence of fraud.
NRS 608.180 - Enforcement of NRS 608.005 to 608.195, inclusive, and 608.215; prosecution.
NRS 608.190 - Willful failure or refusal to pay wages due prohibited.
NRS 608.195 - Criminal and administrative penalties.
NRS 608.200 - Underground mines and workings; criminal and administrative penalties.
NRS 608.250 - Requirement of employer to pay; incremental annual increase; penalty.
NRS 608.270 - Duties of Labor Commissioner and district attorneys; regulations.
NRS 608.280 - Proceedings against district attorney to be instituted by Attorney General.
NRS 608.290 - Criminal and administrative penalties.
NRS 608.310 - Producer-promoter-employer required to obtain permit; application; fee; exceptions.
NRS 608.330 - Criminal and administrative penalties.
NRS 608.510 - "Agency to provide personal care services in the home" defined.
NRS 608.520 - "Director" defined.
NRS 608.530 - "Home care employee" defined.
NRS 608.540 - "Home care employer" defined.
NRS 608.550 - "Home care employment standards board" defined.
NRS 608.560 - "Home care program" defined.
NRS 608.570 - "Intermediary service organization" defined.
NRS 608.580 - "Personal assistance" defined.
NRS 608.590 - "Personal care services" defined.
NRS 608.600 - "Temporary respite services" defined.
NRS 608.680 - Unlawful to pay wage less than minimum established by regulation of the Director.