Nevada Code § 627.190

Duties of construction control
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Every
construction control shall:
1. Obtain a true copy, certified as true
by a registered architect or licensed professional engineer and signed by the
person or persons who executed the general contract of construction or the
owner-contractor contracts, respectively, as owner, of the complete plans and
specifications to be used in the construction subject to the construction
control.
2. Obtain from the lender a written
statement of the total net amount of money, credits or loan proceeds that will
be available for disbursement or, as a lender engaging in construction control
functions, review and ascertain its total net amount.
3. Obtain a true copy, signed by all the
parties thereto, of the general contract of construction or all
owner-contractor contracts, pursuant to which the construction will be
performed.
4. Obtain a true copy, signed by the
parties thereto, of all of the subcontracts entered into with a contractor if
the construction is to be performed pursuant to a general contract of
construction.
5. Compare the total amounts to be paid
pursuant to all of the subcontracts with the total amount payable to the
general contractor, and compare the amount payable with the total net loans
proceeds available for disbursement as construction loan funds.
6. Compare the total amounts to be paid
pursuant to all owner-contractor contracts entered into with the total net loan
proceeds available for disbursement as construction loan funds.
7. Establish, in writing, the categories
of disbursement and the amounts of money apportioned to each category for
disbursement.
8. Disburse or authorize the disbursement
of money from a particular category only for bills incurred within that
category.
9. Disburse or authorize the disbursement
of funds if the total net loan proceeds exceeds in amount or equals the total
payable by the terms of:
(a) The general contract of construction, or the
subcontracts entered into with the general contractor, whichever is greater; or
(b) The total payable by the terms of all
owner-contractor contracts.
10. Receive funds before authorizing
disbursement, if other funds are needed to create an excess of funds as
required pursuant to subsection 9.
11. Restore categories of disbursement in
the order in which they become exhausted and to the amount exhausted from any
available funds in its hands and from other funds supplied by the borrower or
borrowers.
12. Obtain from the obligee a mechanics
lien release covering all work, labor and materials performed or supplied to
the time specified in the lien release and for the amount payable pursuant to
the terms of the release, before the disbursement of any money for payment of
such bills.
13. Upon receipt of written notice of a
change order entered into after the beginning of construction which requires
expenditure of extra money and the amount thereof, require that any category of
disbursement affected thereby be increased and restored to the extent of the
amount of such extras from any available funds in its hands and from other
funds supplied by the borrower before the disbursement of additional funds from
that category.
14. Before disbursing money to a
subcontractor or supplier, obtain from that subcontractor or supplier a true
copy of the bill, in those instances in which the category was established
based upon a proposal or bid of that subcontractor or supplier and not upon a
firm contract.

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