Sections
General Provisions 338.010 – 338.012
Employment 338.013 – 338.135
General Procedures for Awarding Contracts 338.1373 – 338.139
Additional Procedures, Conditions, Duties and Limitations Relating to Contracts 338.140 – 338.155
Transportation Facilities 338.158 – 338.168
Contracts Involving Construction Managers At Risk 338.1685 – 338.16995
Contracts Involving Design-Build Teams, Prime Contractors or Nonprofit Organizations 338.1711 – 338.1727
Preference When Competing for Public Works 338.173
Notification of Licensing Boards 338.175 – 338.176
Design, Construction, Renovation and Demolition of Public Works 338.177 – 338.200
Progress Payments 338.400 – 338.645

Terms Used In Nevada Revised Statutes > Chapter 338 - Public Works

  • Active duty: means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U. See Nevada Revised Statutes 388F.010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized representative: means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter. See Nevada Revised Statutes 338.010
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Child of a military family: means a school-aged child enrolled in kindergarten or grades 1 through 12, inclusive, in the household of a person on active duty. See Nevada Revised Statutes 388F.010
  • Compact commissioner: means the voting representative of each compacting state appointed pursuant to Article VIII of this Compact. See Nevada Revised Statutes 388F.010
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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
  • Contractor: means :

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

  • Contribution: means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his or her capacity as a partner. See Nevada Revised Statutes 88.315
  • controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to NRS 453. See Nevada Revised Statutes 0.031
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day labor: means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing. See Nevada Revised Statutes 338.010
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Education. See Nevada Revised Statutes 385.007
  • Dependent: A person dependent for support upon another.
  • Deployment: means the period 1 month before the departure of a person on active duty from his or her home station on military orders though 6 months after return to his or her home station. See Nevada Revised Statutes 388F.010
  • Design professional: means :

    (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

    (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

    (c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

    (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

    (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture. See Nevada Revised Statutes 338.010

  • Design-build contract: means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work. See Nevada Revised Statutes 338.010
  • Design-build team: means an entity that consists of:

    (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

    (b) For a public work that consists of:

    (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS. See Nevada Revised Statutes 338.010

  • Devise: To gift property by will.
  • Division: means the State Public Works Division of the Department of Administration. See Nevada Revised Statutes 338.010
  • Donor: The person who makes a gift.
  • Educational records: means the official records, files and data directly relating to a student which are maintained by a school or local education agency, including, without limitation, records encompassing all the material kept in the student"s cumulative folder, such as general identifying data, records of attendance and of academic work completed, records of achievement, results of evaluative tests, health data, disciplinary status, test protocols and individualized education programs. See Nevada Revised Statutes 388F.010
  • 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

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Extracurricular activities: means a voluntary activity sponsored by a school or local education agency or an organization sanctioned by a local education agency, including, without limitation, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays and club activities. See Nevada Revised Statutes 388F.010
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign registered limited-liability limited partnership: means a foreign limited-liability limited partnership:

    (a) Formed pursuant to an agreement governed by the laws of another state; and

    (b) Registered pursuant to and complying with NRS 88. See Nevada Revised Statutes 88.315

  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General contractor: means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

    (a) General engineering contracting, as described in subsection 2 of NRS 624. See Nevada Revised Statutes 338.010

  • General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See Nevada Revised Statutes 88.315
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested. See Nevada Revised Statutes 338.010
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Horizontal construction: means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work, including, without limitation, any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and any other work incidental thereto. See Nevada Revised Statutes 338.010
  • incarcerated persons: means persons who are incarcerated in a facility or institution operated by the Department of Corrections. See Nevada Revised Statutes 388H.010
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interstate Commission: means the Interstate Commission on Educational Opportunity for Military Children created by Article IX of this Compact. See Nevada Revised Statutes 388F.010
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See Nevada Revised Statutes 88.315
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local education agency: means an administrative agency legally constituted by the state to provide control of and direction for public educational institutions for kindergarten and grades 1 through 12, inclusive. See Nevada Revised Statutes 388F.010
  • Local government: means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450. See Nevada Revised Statutes 338.010
  • Majority leader: see Floor Leaders
  • Member state: means a state that has enacted this Compact. See Nevada Revised Statutes 388F.010
  • Military installation: means a base, camp, post, station, yard, center or homeport facility for any ship or other activity under the jurisdiction of the United States Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands or any other territory of the United States. See Nevada Revised Statutes 388F.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

  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partner: means a limited or general partner. See Nevada Revised Statutes 88.315
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership agreement: means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business. See Nevada Revised Statutes 88.315
  • Personal property: All property that is not real property.
  • physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • population: means the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Article I of the Constitution of the United States and reported by the Secretary of Commerce to the Governor pursuant to 13 U. See Nevada Revised Statutes 0.050
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Prime contractor: means a contractor who:

    (a) Contracts to construct an entire project;

    (b) Coordinates all work performed on the entire project;

    (c) Uses his or her own workforce to perform all or a part of the public work; and

    (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors. See Nevada Revised Statutes 338.010

  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public body: means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work. See Nevada Revised Statutes 338.010
  • 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

  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receiving state: means the state to which a child of a military family is sent, brought or caused to be sent or brought. See Nevada Revised Statutes 388F.010
  • Registered limited-liability limited partnership: means a limited partnership:

    (a) Formed pursuant to an agreement governed by this chapter; and

    (b) Registered pursuant to and complying with NRS 88. See Nevada Revised Statutes 88.315

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Rule: means a written statement by the Interstate Commission promulgated pursuant to Article XII of this Compact that is of general applicability and implements, interprets or prescribes a policy or provision of this Compact or an organizational, procedural or practice requirement of the Interstate Commission and has the force and effect of statutory law in a member state, including the amendment, repeal or suspension of an existing rule. See Nevada Revised Statutes 388F.010
  • Sending state: means the state from which a child of a military family is sent, brought or caused to be sent or brought. See Nevada Revised Statutes 388F.010
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Specialty contractor: means a person who is licensed to conduct business as described in subsection 4 of NRS 624. See Nevada Revised Statutes 338.010
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other territory of the United States. See Nevada Revised Statutes 388F.010
  • State: means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. See Nevada Revised Statutes 88.315
  • State Board: means the State Board of Education. See Nevada Revised Statutes 385.007
  • Student: means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten or grades 1 through 12, inclusive. See Nevada Revised Statutes 388F.010
  • Subcontract: means a written contract entered into between:

    (a) A contractor and a subcontractor or supplier; or

    (b) A subcontractor and another subcontractor or supplier, for the provision of labor, materials, equipment or supplies for a construction project. See Nevada Revised Statutes 338.010

  • Subcontractor: means a person who:

    (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

    (b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project. See Nevada Revised Statutes 338.010

  • Subpoena: A command to a witness to appear and give testimony.
  • Supplier: means a person who provides materials, equipment or supplies for a construction project. See Nevada Revised Statutes 338.010
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transition: means the formal and physical process of transferring from school to school or the period of time in which a student moves from one school in the sending state to another school in the receiving state. See Nevada Revised Statutes 388F.010
  • Trustee: A person or institution holding and administering property in trust.
  • Uniformed service: means the Army, Navy, Air Force, Marine Corps, Coast Guard or Commissioned Corps of the Public Health Service and the National Oceanic and Atmospheric Administration. See Nevada Revised Statutes 388F.010
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Vertical construction: means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work for any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any other work or improvement appurtenant thereto. See Nevada Revised Statutes 338.010
  • Wages: means :

    (a) The basic hourly rate of pay; and

    (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other bona fide fringe benefits which are a benefit to the worker. See Nevada Revised Statutes 338.010

  • Worker: means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. See Nevada Revised Statutes 338.010
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.