Per NRS Chapter 338 Clause Samples
The "Per NRS Chapter 338" clause establishes that the contract or agreement is governed by the requirements and standards set forth in Chapter 338 of the Nevada Revised Statutes, which pertains to public works projects. In practice, this means that all parties must comply with specific provisions such as prevailing wage rates, bidding procedures, and contractor qualifications as mandated by Nevada law. The core function of this clause is to ensure legal compliance with state regulations for public construction projects, thereby promoting fairness, transparency, and accountability in the contracting process.
Per NRS Chapter 338. 1. Except as otherwise provided in Subsection 2, each bid submitted to any officer, department, board or commission for the construction of any public work or improvement must include:
a. The name of each Subcontractor who will provide labor or a portion of the work or improvement to the Contractor for which he/she will be paid; and
b. A description of the portion of the work or improvement which each Subcontractor named in the bid will complete.
2. The Contractor shall list in the Bid Form (PUR-F523) pursuant to Subsection 1 the name of a Subcontractor for each portion of the project that will be completed by him/her.
3. A Contractor whose bid is accepted, shall not substitute any person for a Subcontractor who is named on the Bid Form (PUR-523), unless:
a. The Owner objects to the Subcontractor, requests in writing a change in the Subcontractor and pays any increase in costs resulting from the change; or
b. The substitution is approved by the Owner and:
1. The Subcontractor, after having a reasonable opportunity, fails or refuses to execute a written contract with the Contractor, which was offered to the Subcontractor with the same terms and conditions that all other Subcontractors on the project were offered; or
2. The named Subcontractor files for bankruptcy or becomes insolvent; or
3. The named Subcontractor fails or refuses to perform subcontract within a reasonable time.