By Philip Mannelly, Attorney, Construction Law & Litigation Practice, McDonald Carano LLP
Bill #AB22
This bill revises provisions related to unlicensed contractor activity. As revised, if the first offense of unlicensed contractor activity does not involve theft or fraud, the Contractors Board is no longer required to report the same to the applicable district attorney for potential prosecution in addition to the penalties imposed by the Board. Now, the Board is only required to report second or subsequent violations, or a first violation involving theft or fraud.
Effective Date: Upon passage and approval (now)
Bill #: AB23
A contractor subject to potential citation from the Contractors Board may request an informal conference with the Board to attempt to achieve a settlement resolution before proceeding to a formal hearing. A contractor must request an informal conference with 15 days of service of the citation at issue. The Board must hold a hearing within 90 days of receipt of written notice of contest in certain instances.
Effective Date: Applies to citations issued after October 1, 2023
Bill #: AB27
Previously, the licensing laws merely required that a general building contractor could contract to provide management and counseling services on a construction project for a professional fee, regardless of the licensure classification(s) required by the prime contractor on that project. Now, a general building contractor that will provide management and counseling services must hold the applicable contractor’s license(s) that would be required by the prime contractor on the project.
Effective Date: Upon passage and approval (now)
Bill #: AB29
Each application for a contractor’s license requires certain references to verify the applicant’s experience. This law establishes that it would be a violation of licensing laws for a licensee (licensed contractor) to make any false or misleading statement, or omit a material fact, on the reference source for another’s licensure application.
Effective Date: Upon passage and approval (now)
About the Legislative Updates
This issue of the Communiqué (Sep. 2023) features select updates related to recent legislation passed during the 82nd Session of the Nevada Legislature (2023). Authors were instructed to limit their submissions due to space constraints of the printed publication.
This article was originally published in the Communiqué, the official publication of the Clark County Bar Association, (Sep. 2023). See https://clarkcountybar.org/about/member-benefits/communique-2023/communique-september-2023/
© 2023 Clark County Bar Association (CCBA). All rights reserved. No reproduction of any portion of this issue is allowed without written permission from the publisher. Editorial policy available upon request.