1.  If, after an opportunity for a hearing, an administrative penalty is imposed against a contractor on a public work for the commission of an offense:

Terms Used In Nevada Revised Statutes 338.016

  • Contract: means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work. See Nevada Revised Statutes 338.010
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means :

    (a) A person who is licensed pursuant to the provisions of chapter 624 of NRS. See Nevada Revised Statutes 338.010

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Eligible bidder: means a person who is:

    (a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338. See Nevada Revised Statutes 338.010

  • Offense: means :

    (a) Failing to:

    (1) Pay the prevailing wage required pursuant to this chapter;

    (2) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;

    (3) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or

    (4) Comply with subsection 5 or 6 of NRS 338. See Nevada Revised Statutes 338.010

  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
  • Public work: means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:

    (a) Public buildings;

    (b) Jails and prisons;

    (c) Public roads;

    (d) Public highways;

    (e) Public streets and alleys;

    (f) Public utilities;

    (g) Publicly owned water mains and sewers;

    (h) Public parks and playgrounds;

    (i) Public convention facilities which are financed at least in part with public money; and

    (j) All other publicly owned works and property. See Nevada Revised Statutes 338.010

(a) An eligible bidder, or any person who entered into a contract with the eligible bidder before bids for the contract for the public work were let, may commence a civil action against the contractor to recover damages suffered as a proximate result of the eligible bidder not being awarded the contract for the public work.

(b) There is a rebuttable presumption that the contractor was awarded the contract for the public work because the contractor’s bid on the contract was based, in part, on his or her intent to commit the offense and, as a result, was lower than it otherwise would have been.

2.  The court may award costs and reasonable attorney’s fees to the prevailing party in any action brought pursuant to this section.

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