NRS
339.025 Performance and payment bonds: Amount; conditions; filing with
contracting body.
1. Before any contract, except one subject
to the provisions of chapter 408 of NRS,
exceeding $100,000 for any project for the new construction, repair or
reconstruction of any public building or other public work or public
improvement of any contracting body is awarded to any contractor, the
contractor shall furnish to the contracting body the following bonds which
become binding upon the award of the contract to the contractor:
(a) A performance bond in an amount to be fixed
by the contracting body, but not less than 50 percent of the contract amount,
conditioned upon the faithful performance of the contract in accordance with
the plans, specifications and conditions of the contract. The bond must be
solely for the protection of the contracting body which awarded the contract.
(b) A payment bond in an amount to be fixed by
the contracting body, but not less than 50 percent of the contract amount. The
bond must be solely for the protection of claimants supplying labor or
materials to the contractor to whom the contract was awarded, or to any of his
or her subcontractors, in the prosecution of the work provided for in such
contract.
2. If a general contractor has been
awarded a contract, except one subject to the provisions of chapter 408 of NRS, by the State Public Works
Division of the Department of Administration for any project for new
construction, repair or reconstruction of any public building or other public
work or public improvement, each of the subcontractors of the general
contractor who will perform work on the contract that exceeds $50,000 or 1
percent of the proposed project, whichever amount is greater, shall furnish a
bond to the Division in an amount to be fixed by the Division.
3. Each of the bonds required pursuant to
this section must be executed by one or more surety companies authorized to do
business in the State of Nevada. If the contracting body is the State of Nevada
or any officer, employee, board, bureau, commission, department, agency or
institution thereof, the bonds must be payable to the State of Nevada. If the
contracting body is other than one of those enumerated in this subsection, the
bonds must be payable to the other contracting body.
4. Each of the bonds must be filed in the
office of the contracting body which awarded the contract for which the bonds
were given.
5. This section does not prohibit a
contracting body from requiring bonds.
(Added to NRS by 1963,
164; A 1981,
940; 1985,
359; 1997,
2994, 3165;
1999,
629; 2005,
1814)
Notes of Decisions
Garff v. JR Bradley Co., 436 P.2d 428 (Nev. 1968).
· cites it 13× “Since neither claimant gave the 30-day notice his claim for relief must fail.”
Great Am. Ins. v. Gen. Builders, Inc., 934 P.2d 257 (Nev. 1997).
“024(l)(a) (performance bonds); NRS 339.025(l)(b) (payment bonds). Thus, the principal has no standing to make a claim against the bonds themselves.”
Hartford Fire Ins. v. Trs. of the Constr. Indus., 208 P.3d 884 (Nev. 2009).
“150] in a case where unpaid trust contributions are covered by a statutory payment bond, see [NRS 339.025], must plaintiff trustees, who are not in a direct contractual relationship with the subcontractor, comply with the notice requirements of [NRS 339.”
Clark Pac. v. Krump Constr., Inc., 942 F. Supp. 1324 (D. Nev. 1996).
“with the contractor which was offered to the subcontractor with the same terms that all other subcontractors on the ■project were offered; (2) the named subcontractor files for bankruptcy or becomes insolvent; or (3) the named subcontractor fails or refuses to perform h[er]…”
Capriotti, Lemon & Assocs., Inc. v. Johnson Serv. Co., 440 P.2d 386 (Nev. 1968).
“At the time of the execution of the contract, the contractor and General Insurance Company of America, as surety, executed a payment bond in the amount of $248,445 to comply with the provisions of NRS 339.025(1) (b) in connection with the school construction contract.”
Amfac Distrib. Corp. v. Hous. Auth., 688 P.2d 318 (Nev. 1984).
· cites it 3× “As required by NRS 339.025(1 )(b) 1 Yoxen obtained a payment bond from defendant-respondent surety, Safeco Insurance Company of America.”
Constr. Ind. v. Hartford Accident (9th Cir. 2009).
“150 in a case where unpaid trust fund contributions are covered by a stat- utory payment bond, see Nev. Rev. Stat. § 339.025 , must plaintiff trustees, who are not in a direct con- tractual relationship with the subcontractor, comply with the notice requirements of Nev.”
— Nev. Rev. Stat. § 339.025(1) — 3 cases
Garff v. JR Bradley Co., 436 P.2d 428 (Nev. 1968).
“Since neither claimant gave the 30-day notice his claim for relief must fail.”
Capriotti, Lemon & Assocs., Inc. v. Johnson Serv. Co., 440 P.2d 386 (Nev. 1968).
“At the time of the execution of the contract, the contractor and General Insurance Company of America, as surety, executed a payment bond in the amount of $248,445 to comply with the provisions of NRS 339.025(1) (b) in connection with the school construction contract.”
— Nev. Rev. Stat. § 339.025(1)(b) — 2 cases
Garff v. JR Bradley Co., 436 P.2d 428 (Nev. 1968).
“Since neither claimant gave the 30-day notice his claim for relief must fail.”
Amfac Distrib. Corp. v. Hous. Auth., 688 P.2d 318 (Nev. 1984).
“As required by NRS 339.025(1 )(b) 1 Yoxen obtained a payment bond from defendant-respondent surety, Safeco Insurance Company of America.”
— Nev. Rev. Stat. § 339.025(b) — 1 case
Garff v. JR Bradley Co., 436 P.2d 428 (Nev. 1968).
“Since neither claimant gave the 30-day notice his claim for relief must fail.”
— Nev. Rev. Stat. § 339.025(l)(b) — 1 case
Great Am. Ins. v. Gen. Builders, Inc., 934 P.2d 257 (Nev. 1997).
“024(l)(a) (performance bonds); NRS 339.025(l)(b) (payment bonds). Thus, the principal has no standing to make a claim against the bonds themselves.”
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