338.630 - Action by contractor for alternate writ of mandamus to compel performance by public body. - Nevada Statutes

338.630  Action by contractor for alternate writ of mandamus to compel performance by public body.

      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,

Ê 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.

      2.  The provisions of this section do not prevent a public body from including a provision governing the payment of attorney’s fees in a contract into which it enters with a contractor for a public work.

      (Added to NRS by 1999, 1989)