SB 447 — Revises provisions relating to public works. (BDR 28-968)

(ReprintedSenate withBill amendmentsNo. adopted on April 17, 2025) FIRST REPRINT S.B.

447447–Committee SENATEon BILLGovernment NOAffairs .CHAPTER..........

447–COMMITTEE ON GOVERNMENT AFFAIRS M ARCH 24, 2025 ____________ 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.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

authorizing an action seeking an alternate writ of mandamus to require a public body to award certain contracts and authorizing a court to award attorney’s fees and costs to a party that prevails on asuch an alternate writ of mandamusmandamus; to enforce certain provisions 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;

(Chapter 338 of NRS) Section 12 of this bill authorizes a courtparty tofound awarddistrict reasonablecourt attorney’sagainst feesa andpublic costsbody to aobtain partyan thatalternate prevails on a writ of manUndermandamuson existingin law,requiring a contractor on a public work who believes the public body has failed to performaward certaina requiredcontract dutiespursuant may apply to the districtprovisions court of thechapter county in which the public work is located for an alternate writ of mandamusNRS toif: require the public body to perform the required duty.

Existing(1) lawthe also provides that a public body isattempts authorized to includeaward certain provisionscontracts governingin thecompliance 338.630)with Sectioncertain 1.5provisions of thislaw billrelating provides that the court is authorized to awardRSpublic reasonableprocurement; attorney’s fees and costs to the prevailing party on an alternate writ of mandamus, regardless of whether there is a provision in the contract governing the payment of such fees and costs.

-and *SB447_R1*(2) –the work to be performed pursuant to the contract is not directly related to the Section 2 –also THEauthorizes PEOPLEa OFdistrict THEcourt STATEto OFaward NEVADA,reasonable REPRESENTEDattorney’s INfees SENATEand ANDcosts ASSEMBLY,to DOa ENACTparty ASthat FOLLOWS:prevails on such an alternate writ of mandamus.

SectionEXPLANATION 1.– Matter in bolded italics is new;

Chaptermatter 338between ofbrackets NRS[omitted material] is herebymaterial amended by adding thereto a new section to readbe asomitted. follows:

prevailingTHE partyPEOPLE onOF aTHE writSTATE ofOF mandamusNEVADA, filedREPRESENTED inIN aSENATE courtAND oftoASSEMBLY, theDO competentENACT jurisdictionAS toFOLLOWS: enforce the provisions of this chapter.

Sec.Sections 1 and 1.5.

1.5.(Deleted by amendment.) Sec.

NRS 338.630 is hereby amended to read as follows:

338.630 1.

A contractor who believes that the public body has failed to perform a duty to:

(a) Make a payment;

(b) Provide written notice of any withholding;

or (c) Provide information upon request relating to any payment with respect to a contract which has not been fully performed,  pursuant to one or more of the provisions of NRS 338.515 to 338.535, inclusive, in a timely manner may apply to the district court of the county in which the public work or a part thereof is located for an alternate writ of mandamus pursuant to NRS 34.150 to 34.310, inclusive, to require the public body to perform the duty required pursuant to such a provision.

TheChapter provisions338 of thisNRS sectionis dohereby notamended preventby aadding publicthereto body from including a provisionnew governingsection theto paymentread ofas attorney’sfollows: fees and costs in a contract into which it enters with a contractor for a public work.

The1. court may award reasonable attorney’s fees and costs to the prevailing party on an alternate writ of mandamus filed pursuant to subsection 1, regardless of whether there is a provision in the contract governing the payment of such fees and costs.

HA -party *SB447_R1*found by a court of competent jurisdiction to have legal standing may bring an action against a public body in district court to obtain an alternate writ of mandamus requiring the public body to award a contract pursuant to the applicable provisions of this chapter if:

(a) The public body attempts to award a contract in compliance with chapter 332 or 333 of NRS, as described in subsection 1 of NRS 338.011;

and (b) The work to be performed pursuant to the contract is not directly related to the normal operation of the public body or the normal maintenance of its property.

- 83rd Session (2025) – 2 – 2.

The district court may award reasonable attorney’s fees and costs to the prevailing party in an action filed pursuant to subsection 1.

~~~~~ 25 - 83rd Session (2025)