Senate Bill No. 71–Committee on Government Affairs

 

February 10, 2003

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Referred to Committee on Commerce and Labor

 

SUMMARY—Authorizes contractor to withhold money or require surety bond to guarantee payment of certain indebtedness of subcontractors and other contractors. (BDR 53‑402)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to contractors; authorizing a contractor to withhold money or require a surety bond to guarantee the payment of certain indebtedness of subcontractors and other contractors; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 608.150 is hereby amended to read as follows:

1-2  608.150  1.  Every original contractor making or taking any

1-3  contract in this state for the erection, construction, alteration or

1-4  repair of any building or structure, or other work, shall assume and

1-5  is liable for the indebtedness for labor incurred by any subcontractor

1-6  or any contractors acting under, by or for the original contractor in

1-7  performing any labor, construction or other work included in the

1-8  subject of the original contract, for labor, and for the requirements

1-9  imposed by chapters 616A to 617, inclusive, of NRS.

1-10      2.  Every original contractor making or taking any contract

1-11  may, with regard to a subcontractor or contractor acting under, by

1-12  or for the original contractor in performing any labor,

1-13  construction or other work included in the subject of the original

1-14  contract:

1-15      (a) Withhold sufficient money on the contract; or

2-1  (b) Require of the subcontractor or contractor a sufficient

2-2  surety bond,

2-3  to guarantee the payment of the indebtedness incurred by the

2-4  subcontractor or contractor for labor and for the requirements

2-5  imposed by chapters 616A to 617, inclusive, of NRS.

2-6  3.  It is unlawful for any contractor or any other person to fail to

2-7  comply with the provisions of [subsection 1,] this section, or to

2-8  attempt to evade the responsibility imposed thereby, or to do any

2-9  other act or thing tending to render nugatory the provisions of this

2-10  section.

2-11      [3.] 4.  The district attorney of any county wherein the

2-12  defendant may reside or be found shall institute civil proceedings

2-13  against any such original contractor failing to comply with the

2-14  provisions of this section in a civil action for the amount of all

2-15  wages and damage that may be owing or have accrued as a result of

2-16  the failure of any subcontractor acting under the original contractor,

2-17  and any property of the original contractor, not exempt by law, is

2-18  subject to attachment and execution for the payment of any

2-19  judgment that may be recovered in any action under the provisions

2-20  of this section.

 

2-21  H