Subcontractors: Notices; prohibition against waiver of certain rights; delivery of notices; contents.
1. A subcontractor shall provide a copy of any notice given to a contractor or higher-tiered subcontractor pursuant to this section or NRS 624.624 or 624.626 to each lower-tiered subcontractor with whom the subcontractor has contracted who has not fully performed under the contract. Upon receipt of payment pursuant to NRS 624.624, the subcontractor shall notify all such lower-tiered subcontractors in writing of his receipt of payment.
2. A subcontractor shall provide a copy of any notice given to a contractor or higher-tiered subcontractor pursuant to this section or NRS 624.624 or 624.626 to each reputed higher-tiered subcontractor, contractor and the owner, if known. The failure of a subcontractor to comply with this subsection does not invalidate any notice otherwise properly given.
3. A condition, stipulation or provision in a subcontract or other agreement which requires a subcontractor to waive any rights provided in this section or NRS 624.624 or 624.626, or which limits those rights, is void.
4. All notices required pursuant to this section or NRS 624.624 or 624.626 must be:
(a) Delivered personally, in which case the subcontractor shall obtain a notarized statement from the person who delivered the notice as proof of delivery;
(b) Sent by facsimile and delivered by regular mail, in which case the subcontractor shall retain proof of a successful transmission of the facsimile;
(c) Delivered by certified mail; or
(d) Delivered in the manner provided in the contract.
5. Within 5 days after a contractor receives a written request for the information set forth in paragraphs (a), (b) and (c) from a subcontractor with respect to a subcontract that has not been fully performed, the contractor shall notify the subcontractor in writing of the following:
(a) The date the contractor made a specified payment to his subcontractor;
(b) Whether the contractor has paid his subcontractor the entire amount of a specified payment; and
(c) The amount withheld by the contractor of a specified payment to his subcontractor and the reason for the withholding.
Last modified: February 27, 2006