NRS
624.628 Requirements concerning notices; prohibited provisions; requests
for information.
1. A lower-tiered subcontractor shall
provide a copy of any notice given to a higher-tiered contractor pursuant to
this section or NRS 624.624 or 624.626 to each lower-tiered subcontractor
with whom the lower-tiered subcontractor has entered into an agreement and who
has not fully performed under the agreement. Upon receipt of payment pursuant
to NRS 624.624, the lower-tiered
subcontractor shall notify all of his or her lower-tiered subcontractors in
writing of receipt of payment.
2. A lower-tiered subcontractor shall
provide a copy of any notice given to a higher-tiered contractor pursuant to
this section or NRS 624.624 or 624.626 to all other higher-tiered
contractors and the owner, if known. The failure of a lower-tiered
subcontractor to comply with this subsection does not invalidate any notice
otherwise properly given.
3. A condition, stipulation or provision
in an agreement which:
(a) Requires a lower-tiered subcontractor to
waive any rights provided in NRS 624.624
to 624.630, inclusive, or which limits
those rights;
(b) Relieves a higher-tiered contractor of any
obligation or liability imposed pursuant to NRS
624.624 to 624.630, inclusive; or
(c) Requires a lower-tiered subcontractor to
waive, release or extinguish a claim or right for damages or an extension of
time that the lower-tiered subcontractor may otherwise possess or acquire as a
result of delay, acceleration, disruption or an impact event that is
unreasonable under the circumstances, that was not within the contemplation of
the parties at the time the agreement was entered into, or for which the
lower-tiered subcontractor is not responsible,
Ê is against
public policy and is void and unenforceable.
4. All notices required pursuant to this
section or NRS 624.624 or 624.626 must be:
(a) Delivered personally, in which case the
lower-tiered subcontractor shall obtain a notarized statement from the person
who delivered the notice as proof of delivery;
(b) Sent by facsimile and delivered by regular
mail, in which case the lower-tiered subcontractor shall retain proof of a
successful transmission of the facsimile;
(c) Delivered by certified mail; or
(d) Delivered in the manner provided in the
agreement between the higher-tiered contractor and the lower-tiered
subcontractor.
5. Within 5 days after the owner or any higher-tiered
contractor receives a written request for the information set forth in
paragraphs (a), (b) and (c) from a lower-tiered subcontractor with respect to
an agreement that has not been fully performed, the owner or higher-tiered
contractor shall notify the lower-tiered subcontractor in writing of the
following:
(a) The date the owner or higher-tiered
contractor made a specified payment to the prime contractor or lower-tiered
subcontractor;
(b) Whether the owner or higher-tiered contractor
has paid the prime contractor or lower-tiered subcontractor the entire amount
of a specified payment; and
(c) The amount withheld by the owner or
higher-tiered contractor of a specified payment to his or her prime contractor
or lower-tiered subcontractor and the condition or reason for the withholding.
(Added to NRS by 2001,
1618; A 2005,
1733)
Payment of Interest
Notes of Decisions
Apco Constr., Inc. Vs. Zitting Bros. Constr., Inc., 2020 NV 64 (Nev. 2020).
· cites it 18× “630, or require subcontractors to waive their rights to damages, as further outlined under NRS 624.628(3). Because provisions in the subcontract considered here condition payment on the general contractor receiving payment first and require the respondent subcontractor to forgo…”
Helix Elec. of Nev., LLC v. Apco Constr., Inc. c/w 80508, 2022 NV 13 (Nev. 2022).
· cites it 10× “In Zitting, we clarified that, consistent with 2001 statutory amendments and NRS 624.628(3), pay-if-paid provisions are not void per se but will be unenforceable if they (1) "require subcontractors to waive or limit rights provided under NRS 624.”
Helix Elec. of Nev., LLC v. Apco Constr., Inc. c/w 80508, 2022 NV 13 (Nev. 2022).
· cites it 5× “In Zitting, we clarified that, consistent with 2001 statutory amendments and NRS 624.628(3), pay-if-paid provisions are not void per se but will be unenforceable if they (1) "require subcontractors to waive or limit rights provided under NRS 624.”
Nev. Rev. Stat. § 624.628(3): 3 cases
Apco Constr., Inc. Vs. Zitting Bros. Constr., Inc., 2020 NV 64 (Nev. 2020).
“630, or require subcontractors to waive their rights to damages, as further outlined under NRS 624.628(3). Because provisions in the subcontract considered here condition payment on the general contractor receiving payment first and require the respondent subcontractor to forgo…”
Helix Elec. of Nev., LLC v. Apco Constr., Inc. c/w 80508, 2022 NV 13 (Nev. 2022).
“In Zitting, we clarified that, consistent with 2001 statutory amendments and NRS 624.628(3), pay-if-paid provisions are not void per se but will be unenforceable if they (1) "require subcontractors to waive or limit rights provided under NRS 624.”
Helix Elec. of Nev., LLC v. Apco Constr., Inc. c/w 80508, 2022 NV 13 (Nev. 2022).
“In Zitting, we clarified that, consistent with 2001 statutory amendments and NRS 624.628(3), pay-if-paid provisions are not void per se but will be unenforceable if they (1) "require subcontractors to waive or limit rights provided under NRS 624.”
Nev. Rev. Stat. § 624.628(3)(a): 1 case
Apco Constr., Inc. Vs. Zitting Bros. Constr., Inc., 2020 NV 64 (Nev. 2020).
“630, or require subcontractors to waive their rights to damages, as further outlined under NRS 624.628(3). Because provisions in the subcontract considered here condition payment on the general contractor receiving payment first and require the respondent subcontractor to forgo…”
Nev. Rev. Stat. § 624.628(3)(c): 3 cases
Helix Elec. of Nev., LLC v. Apco Constr., Inc. c/w 80508, 2022 NV 13 (Nev. 2022).
“In Zitting, we clarified that, consistent with 2001 statutory amendments and NRS 624.628(3), pay-if-paid provisions are not void per se but will be unenforceable if they (1) "require subcontractors to waive or limit rights provided under NRS 624.”
Helix Elec. of Nev., LLC v. Apco Constr., Inc. c/w 80508, 2022 NV 13 (Nev. 2022).
“In Zitting, we clarified that, consistent with 2001 statutory amendments and NRS 624.628(3), pay-if-paid provisions are not void per se but will be unenforceable if they (1) "require subcontractors to waive or limit rights provided under NRS 624.”
Apco Constr., Inc. Vs. Zitting Bros. Constr., Inc., 2020 NV 64 (Nev. 2020).
“630, or require subcontractors to waive their rights to damages, as further outlined under NRS 624.628(3). Because provisions in the subcontract considered here condition payment on the general contractor receiving payment first and require the respondent subcontractor to forgo…”
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