Nevada Code § 271.335

Construction contracts
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1. No contract for doing construction work
for acquiring or improving the project contemplated may be made or awarded, nor
may the governing body incur any expense or liability in relation thereto,
except for maps, plats, diagrams, estimates, plans, specifications and notices,
until after the hearing upon the provisional order and notice thereof provided
for in NRS 271.305 have been given and
had.
2. This section does not prevent the
governing body from advertising by publication for proposals for doing the work
whenever the governing body sees fit, but the contract may not be made or
awarded before the time stated in subsection 1.
3. Except as otherwise provided in
subsection 12 and in NRS 271.800 , in the
case of construction work done by independent contract for any project, or
portion thereof, in any improvement district, the municipality shall request
competitive bids, and proceed thereon, pursuant to the provisions of chapter 338 of NRS.
4. The municipality may waive any
irregularity in the form of any bid.
5. Any contract may be let on a lump sum
or on a unit basis.
6. No contract may be entered into for
such work unless the contractor gives an undertaking with a sufficient surety
or sureties approved by the governing body and in an amount fixed by it for the
faithful performance of the contract and for payment of the contract.
7. Upon default in the performance of any
contract, any designated official, as directed by motion of the governing body,
may advertise and relet the remainder of the work without further ordinance or
resolution and deduct the cost from the original contract price and recover any
excess cost by suit on the original bond, or otherwise.
8. All contracts must provide among other
things that the person entering into the contract with the municipality will
pay for all materials furnished and labor and services rendered for the
performance of the contract, and that any person furnishing the materials or
rendering the services may maintain an action to recover for them against the
obligor in the undertaking as though the person was named therein.
9. A contract or agreement made in
violation of the provisions of this section is voidable, and no action may be
maintained thereon by any party thereto against the municipality.
10. To the extent the municipality makes
any payment thereunder, such a contract or agreement is valid, and any such
payment may be included in any cost defrayed by the levy of assessments, unless
theretofore the municipality elects to void the contract or agreement in its
entirety and to recover any such payment from the party to whom made.
11. The governing body, except as
expressly limited in this section, may, in the letting of contracts, impose
such conditions upon bidders with regard to bonds and securities, and such
guaranties of good and faithful performance and completion of any work and the
keeping of the work in repair, and providing for any further matter or thing in
connection therewith, as may be considered by the governing body to be
advantageous to the municipality and to all interested.
12. The provisions of subsections 3 to 11,
inclusive, do not apply to work performed by an association pursuant to a
contract entered into pursuant to NRS
271.332 .

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