Terms Used In Nevada Revised Statutes > Chapter 338 > Additional Procedures, Conditions, Duties and Limitations Relating to Contracts

• 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.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• Charter school: means a public school that is formed pursuant to the provisions of chapter 388A of NRS. See Nevada Revised Statutes 385.007
• 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
• 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

• county: includes Carson City. See Nevada Revised Statutes 0.033
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• 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 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

• Division: means the State Public Works Division of the Department of Administration. See Nevada Revised Statutes 338.010
• 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
• 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.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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

• 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
• 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.
• incarcerated persons: means persons who are incarcerated in a facility or institution operated by the Department of Corrections. See Nevada Revised Statutes 388H.010
• 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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
• 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
• 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
• 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.
• 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
• 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
• Service of process: The service of writs or summonses to the appropriate party.
• 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 Board: means the State Board of Education. See Nevada Revised Statutes 385.007
• Statute: A law passed by a legislature.
• 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

• 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