S.B. 447
- *SB447*
SENATE BILL NO. 447–COMMITTEE ON GOVERNMENT AFFAIRS
MARCH 24, 2025
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to public works.
(BDR 28-968)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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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 public works; revising certain provisions
relating to an alternate writ of mandamus filed by a
contractor on a public work to compel performance of
certain required duties of a public body; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, a contractor on a public work who believes the public body 1
has failed to perform certain required duties may apply to the district court of the 2
county in which the public work is located for an alternate writ of mandamus to 3
require the public body to perform the required duty. Existing law also provides 4
that a public body is authorized to include certain provisions governing the 5
payment of attorney’s fees in a contract with a contractor for a public work. (NRS 6
338.630) This bill provides that the court is authorized to award reasonable 7
attorney’s fees and costs to the prevailing party on an alternate writ of mandamus, 8
regardless of whether there is a provision in the contract governing the payment of 9
such fees and costs. 10
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.630 is hereby amended to read as follows: 1
338.630 1. A contractor who believes that the public body 2
has failed to perform a duty to: 3
(a) Make a payment; 4
(b) Provide written notice of any withholding; or 5
(c) Provide information upon request relating to any payment 6
with respect to a contract which has not been fully performed, 7
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- *SB447*
pursuant to one or more of the provisions of NRS 338.515 to 1
338.535, inclusive, in a timely manner may apply to the district 2
court of the county in which the public work or a part thereof is 3
located for an alternate writ of mandamus pursuant to NRS 34.150 4
to 34.310, inclusive, to require the public body to perform the duty 5
required pursuant to such a provision. 6
2. The provisions of this section do not prevent a public body 7
from including a provision governing the payment of attorney’s fees 8
and costs in a contract into which it enters with a contractor for a 9
public work. The court may award reasonable attorney’s fees and 10
costs to the prevailing party on an alternate writ of mandamus 11
filed pursuant to subsection 1, regardless of whether there is a 12
provision in the contract governing the payment of such fees and 13
costs. 14
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