NRS
339.035 Actions on payment bonds by claimants.
1. Subject to the provisions of subsection
2, any claimant who has performed labor or furnished material in the
prosecution of the work provided for in any contract for which a payment bond
has been given pursuant to the provisions of subsection 1 of NRS 339.025, and who has not been paid in
full before the expiration of 90 days after the date on which the claimant
performed the last of such labor or furnished the last of such materials for
which the claimant claims payment, may bring an action on such payment bond in
his or her own name to recover any amount due the claimant for such labor or
material, and may prosecute such action to final judgment and have execution on
the judgment.
2. Any claimant who has a direct
contractual relationship with any subcontractor of the contractor who gave such
payment bond, but no contractual relationship, express or implied, with such
contractor, may bring an action on the payment bond only:
(a) If the claimant has, within 30 days after
furnishing the first of such materials or performing the first of such labor,
served on the contractor a written notice which shall inform the latter of the
nature of the materials being furnished or to be furnished, or the labor
performed or to be performed, and identifying the person contracting for such
labor or materials and the site for the performance of such labor or materials;
and
(b) After giving written notice to such
contractor within 90 days from the date on which the claimant performed the
last of the labor or furnished the last of the materials for which the claimant
claims payment. Each written notice shall state with substantial accuracy the
amount claimed and the name of the person for whom the work was performed or
the material supplied, and shall be served by being sent by registered or
certified mail, postage prepaid, in an envelope addressed to such contractor at
any place in which the contractor maintains an office or conducts business, or
at the residence of the contractor.
(Added to NRS by 1963,
165; A 1969,
95)
Notes of Decisions
Hartford Fire Ins. v. Trs. of the Constr. Indus., 208 P.3d 884 (Nev. 2009).
· cites it 61× “The first question’s answer is informed by the nature of the trustees’ standing to recover against the payment bond under NRS 339.035, which is loosely based on their status as third-party beneficiaries to the labor agreement.”
Garff v. JR Bradley Co., 436 P.2d 428 (Nev. 1968).
· cites it 12× “The real question confronting us is the significance of the failure of both Ray and Bradley to serve written notices upon the general contractor within 30 days after they commenced their participation in the construction as required by NRS 339.035 (2) (a). [2] The bond provides…”
Capriotti, Lemon & Assocs., Inc. v. Johnson Serv. Co., 440 P.2d 386 (Nev. 1968).
“1 NRS 339.035(2) reads in part: “Each written notice shall state with substantial accuracy the amount claimed and the name of the person for whom the work was performed or the material supplied, and shall be served by being sent by registered mail, postage prepaid, in an…”
Amfac Distrib. Corp. v. Hous. Auth., 688 P.2d 318 (Nev. 1984).
· cites it 10× “The claimant must also give the contractor final written notice of the amount claimed and the name of the person for whom the work was performed or material supplied “within 90 days from the date the claimant performed the last of the labor or furnished the last of the materials.”
Pipe Sys., Inc. v. Am. Mfrs. Mut. Ins., 609 F. Supp. 571 (E.D. Mo. 1985).
“Every action on a payment bond as provided in NRS 339.035 shall be brought in the appropriate court of the political subdivision where the contract for which the bond was given was to be performed.”
Constr. Ind. v. Hartford Accident (9th Cir. 2009).
· cites it 3× “They sued Hartford under Nev. Rev. Stat. § 339.035 (1), which allows “any claimant who has performed labor or furnished material” under a bonded public works contract to bring an action on the bond to recover the amount due.”
— Nev. Rev. Stat. § 339.035(1) — 1 case
Hartford Fire Ins. v. Trs. of the Constr. Indus., 208 P.3d 884 (Nev. 2009).
“The first question’s answer is informed by the nature of the trustees’ standing to recover against the payment bond under NRS 339.035, which is loosely based on their status as third-party beneficiaries to the labor agreement.”
— Nev. Rev. Stat. § 339.035(2) — 4 cases
Hartford Fire Ins. v. Trs. of the Constr. Indus., 208 P.3d 884 (Nev. 2009).
“The first question’s answer is informed by the nature of the trustees’ standing to recover against the payment bond under NRS 339.035, which is loosely based on their status as third-party beneficiaries to the labor agreement.”
Garff v. JR Bradley Co., 436 P.2d 428 (Nev. 1968).
“The real question confronting us is the significance of the failure of both Ray and Bradley to serve written notices upon the general contractor within 30 days after they commenced their participation in the construction as required by NRS 339.035 (2) (a). [2] The bond provides…”
Capriotti, Lemon & Assocs., Inc. v. Johnson Serv. Co., 440 P.2d 386 (Nev. 1968).
“1 NRS 339.035(2) reads in part: “Each written notice shall state with substantial accuracy the amount claimed and the name of the person for whom the work was performed or the material supplied, and shall be served by being sent by registered mail, postage prepaid, in an…”
Amfac Distrib. Corp. v. Hous. Auth., 688 P.2d 318 (Nev. 1984).
“The claimant must also give the contractor final written notice of the amount claimed and the name of the person for whom the work was performed or material supplied “within 90 days from the date the claimant performed the last of the labor or furnished the last of the materials.”
— Nev. Rev. Stat. § 339.035(2)(a) — 2 cases
Garff v. JR Bradley Co., 436 P.2d 428 (Nev. 1968).
“The real question confronting us is the significance of the failure of both Ray and Bradley to serve written notices upon the general contractor within 30 days after they commenced their participation in the construction as required by NRS 339.035 (2) (a). [2] The bond provides…”
Amfac Distrib. Corp. v. Hous. Auth., 688 P.2d 318 (Nev. 1984).
“The claimant must also give the contractor final written notice of the amount claimed and the name of the person for whom the work was performed or material supplied “within 90 days from the date the claimant performed the last of the labor or furnished the last of the materials.”
— Nev. Rev. Stat. § 339.035(2)(b) — 1 case
Amfac Distrib. Corp. v. Hous. Auth., 688 P.2d 318 (Nev. 1984).
“The claimant must also give the contractor final written notice of the amount claimed and the name of the person for whom the work was performed or material supplied “within 90 days from the date the claimant performed the last of the labor or furnished the last of the materials.”
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