§ 338.560 — Withholding amounts for failure of subcontractor or supplier to comply with subcontract or applicable building code, law or regulation or for claim for wages against subcontractor; payment of amounts withheld upon correction of condition

Nevada § 338.560

• Jurisdiction: Nevada
• Title 28: PUBLIC WORKS AND PLANNING
• Ch. 338: Public

Text

1. Except as otherwise provided in subsection 2 of NRS 338.555 , a contractor may withhold from a progress payment or retainage payment an amount sufficient to pay:
(a) The expenses the contractor reasonably expects to incur as a result of the failure of his or her subcontractor or supplier to comply with the subcontract or applicable building code, law or regulation.
(b) An amount withheld from payment to the contractor by a public body pursuant to subsection 7 of NRS 338.515 for a claim for wages against the subcontractor.
2. A contractor shall, within 10 days after the contractor receives:
(a) A progress payment or retainage payment from the public body for an amount that is less than the amount set forth in the applicable progress bill or retainage bill; or
(b) A progress bill or retainage bill from his or her subcontractor or supplier,
Ê give a written notice to his or her subcontractor or supplier of any amount that will be withheld pursuant to this section.
3. The written notice must:
(a) Set forth:
(1) The amount of the progress payment or retainage payment that will be withheld from his or her subcontractor or supplier; and
(2) A detailed explanation of the reason the contractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the subcontract, or documents related thereto, or applicable building code, law or regulation with which his or her subcontractor or supplier has failed to comply; and
(b) Be signed by an authorized agent of the contractor.
4. The contractor shall pay to his or her subcontractor or supplier the amount withheld by the public body or the contractor within 10 days after:
(a) The contractor receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of the subcontractor or supplier; or
(b) The public body pays to the contractor the amount withheld,
Ê whichever occurs later.

Legislative History

(Added to NRS by 1999, 1985 ; A 2003, 2448 ; 2011, 1622 ; 2013, 3808 ; 2015, 2628 )