Assembly Bill No. 633–Committee on Commerce and Labor
(On Behalf of Contractors’ Board)
March 22, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes to provisions concerning contractors. (BDR 54-761)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 624 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2, 3 and 4 of this act.1-3
Sec. 2. The board may establish a program for the issuance of a1-4
license in an expedited manner. The board shall not allow the operation1-5
of the program for the issuance of a license in an expedited manner to1-6
affect adversely the amount of time the board requires to issue any other1-7
contractor’s license.1-8
Sec. 3. 1. If an applicant wishes to have his license issued in an1-9
expedited manner, he must pay a fee for an application equal to four1-10
times the amount of the fee regularly paid for an application pursuant to1-11
subsection 1 of NRS 624.280.1-12
2. The applicant who wishes to have his license issued in an1-13
expedited manner must pay one-half of the fee required pursuant to2-1
subsection 1 when he submits the application and the other one-half of2-2
the fee when the board issues the license.2-3
Sec. 4. 1. A contractor may apply to the board to have his license2-4
be placed on inactive status on a form provided by the board. The board2-5
may grant the application if the applicant is in good standing and has2-6
met all requirements for the issuance or renewal of a contractor’s license2-7
as of the date of the application.2-8
2. If the application is granted, the applicant shall not engage in any2-9
work or activities that require a contractor’s license in this state unless he2-10
is returned to active status.2-11
3. A person whose license has been placed on inactive status2-12
pursuant to this section is exempt from:2-13
(a) The requirement to execute a bond pursuant to NRS 624. 270; and2-14
(b) The requirement to qualify in regard to his experience and2-15
knowledge pursuant to NRS 624.260.2-16
4. The inactive status of a license is valid for 5 years after the date2-17
that the inactive status is granted.2-18
5. The board shall not refund any portion of the renewal fee of a2-19
contractor’s license that was paid before the license was placed on2-20
inactive status.2-21
6. The board shall adopt regulations prescribing the:2-22
(a) Procedures for making an application pursuant to this section;2-23
(b) Procedures and terms upon which a person whose license has2-24
been placed on inactive status may resume work or activities that require2-25
a contractor’s license; and2-26
(c) Fees for the renewal of the inactive status of a license.2-27
Sec. 5. NRS 624.273 is hereby amended to read as follows: 624.273 1. Each bond or deposit required by NRS 624.270 must be2-29
in favor of the State of Nevada for the benefit of any person who:2-30
(a) As owner of the property to be improved entered into a construction2-31
contract with the contractor and is damaged by failure of the contractor to2-32
perform the contract or to remove liens filed against the property;2-33
(b) As an employee of the contractor performed labor on or about the2-34
site of the construction covered by the contract;2-35
(c) As a supplier or materialman furnished materials or equipment for2-36
the construction covered by the contract; or2-37
(d) Is injured by any unlawful act or omission of the contractor in the2-38
performance of a contract.2-39
2. Any person claiming against the bond or deposit may bring an2-40
action in a court of competent jurisdiction on the bond or against the board2-41
on the deposit for the amount of damage he has suffered to the extent2-42
covered by the bond or deposit.2-43
3-1
commenced on the bond or deposit 2 years after the commission of the act3-2
on which the action is based. If an action is commenced on the bond, the3-3
surety that executed the bond shall notify the board of the action within3-4
30 days after the date that:3-5
(a) The surety is served with a complaint and summons; or3-6
(b) The action is commenced,3-7
whichever occurs first.3-8
3. Upon receiving a request from a person for whose benefit a bond or3-9
deposit is required, the board shall notify him that:3-10
(a) A bond is in effect or that a deposit has been made, and the amount3-11
of either;3-12
(b) There is an action against a bond, if that is the case, and the court,3-13
the title and number of the action and the amount sought by the plaintiff;3-14
and3-15
(c) There is an action against the board, if that is the case, and the3-16
amount sought by the plaintiff.3-17
4. If a surety, or in the case of a deposit, the board, desires to make3-18
payment without awaiting court action, the amount of the bond or deposit3-19
must be reduced to the extent of any payment made by the surety or the3-20
board in good faith under the bond or deposit. Any payment must be based3-21
on written claims received by the surety or board before the court action.3-22
5. The surety or the board may bring an action for interpleader against3-23
all claimants upon the bond or deposit. If3-24
interpleader is commenced, the surety or the board must serve each3-25
known claimant and publish notice of the action at least once each week3-26
for 2 weeks in a newspaper of general circulation in the county where the3-27
contractor has his principal place of business. The surety3-28
entitled to deduct its costs of the action, including3-29
publication, from its liability under the bond .3-30
deduct its costs of the action, including attorney’s fees and publication,3-31
from the deposit.3-32
6. A claim of any employee of the contractor for labor is a preferred3-33
claim against a bond or deposit. If any bond or deposit is insufficient to3-34
pay all claims for labor in full, the sum recovered must be distributed3-35
among all claimants for labor in proportion to the amounts of their3-36
respective claims. Partial payment of claims is not full payment, and the3-37
claimants may bring actions against the contractor for the unpaid balances.3-38
7. Claims, other than claims for labor, against a bond or deposit have3-39
equal priority, except where otherwise provided by law, and if the bond or3-40
deposit is insufficient to pay all of those claims in full, they must be paid3-41
pro rata. Partial payment of claims is not full payment, and the claimants3-42
may bring actions against the contractor for the unpaid balances.4-1
Sec. 6. NRS 624.280 is hereby amended to read as follows: 624.280 The board may adopt regulations fixing the fee for an4-3
application, the fee for an examination and the annual fee for a license to4-4
be paid by applicants and licensees .4-5
1. An application must not exceed $700.4-6
2. A license must not exceed $500 annually.4-7
3. An examination must not exceed $300.4-8
Sec. 7. NRS 624.3015 is hereby amended to read as follows: 624.3015 The following acts, among others, constitute cause for4-10
disciplinary action under NRS 624.300:4-11
1. Acting in the capacity of a contractor beyond the scope of the4-12
license.4-13
2. Bidding to contract or contracting for a sum for one construction4-14
contract or project in excess of the limit placed on the license by the board.4-15
3. Knowingly entering into a contract with a contractor while that4-16
contractor is not licensed, or bidding to contract or entering into a contract4-17
with a contractor for work in excess of his limit or beyond the scope of his4-18
license.4-19
4. Constructing or repairing a mobile home, manufactured home or4-20
commercial coach, unless the contractor:4-21
(a) Is licensed pursuant to NRS 489.311; or4-22
(b) Owns, leases or rents the mobile home, manufactured home or4-23
commercial coach.4-24
5. Engaging in any work or activities that require a contractor’s4-25
license while the license is placed on inactive status pursuant to section 44-26
of this act.4-27
Sec. 8. NRS 624.310 is hereby amended to read as follows: 624.310 1. Except as otherwise provided in subsection 4, if the board4-29
refuses to issue or renew a license, suspends or revokes a license or4-30
imposes an administrative fine pursuant to NRS 624.235, the board shall4-31
hold a hearing. The time and place for the hearing must be fixed by the4-32
board, and notice of the time and place of the hearing must be personally4-33
served on the applicant or accused or mailed to the last known address of4-34
the applicant or accused at least 30 days before the date fixed for the4-35
hearing.4-36
2. The testimony taken pursuant to NRS 624.170 to 624.210,4-37
inclusive, must be considered a part of the record of the hearing before the4-38
board.4-39
3. The hearing must be public if a request is made therefor.4-40
4. The board may suspend the license of a contractor without a hearing4-41
if the board finds, based upon evidence in its possession, that the public4-42
health, safety or welfare imperatively requires summary suspension of the4-43
license of the contractor and incorporates that finding in its order. If the5-1
board summarily suspends the license of the contractor,5-2
notify the contractor by certified mail. A hearing must be held within 305-3
days after the suspension5-4
a hearing to the board within 20 days after the board summarily5-5
suspends his license.5-6
Sec. 9. This act becomes effective upon passage and approval.~