Bond Claim Notices

Nevada

NV Notice Requirements
Nevada’s Little Miller Act requires that any contractor or material supplier who does not have a direct contract with the general/prime contractor serve a “30-day Notice” and “90-day notice of claim on bond.”^[1] The 30-day Notice must be served within 30 days after the claimant has first furnished labor, professional services, materials, machinery, fixtures, or tools to the job site.^[2] The 90 day notice of claim on bond must be served within 90 days from the last date that the claimant furnishes labor or material for which the claim is made.^[3]

Basically, all sub-subcontractors and material suppliers to a subcontractor must serve both of these notices. Failure to properly serve the above-described notices will prevent the claimant from making a claim against the payment bond. A contractor or material supplier who has a direct contract with the general/prime contractor is generally exempt from these notice requirements. However, to be on the safe side, it is recommended to serve both notices anyways.

Special Rules for Public Highways or Road Projects
Claims against a public highway or road contractor’s bond shall be filed with the Nevada Department of Transportation within 30 days from the date of final acceptance of the contract.^[4] One copy shall be filed in the office of the Department and the remaining copies shall be forwarded to the contractor and surety.^[5] A lawsuit to enforce the bond claim must be enforced within 6 months after the filing of the claim.^[6]

The term “days” are calculated by calendar days and NOT business days unless otherwise stated. Time is calculated by excluding the first day and including the last day, unless the last day is a holiday, then it is also excluded.

List of Cited Statutes and Case Laws for further research
^[1] Nevada Revised Statutes § 339.035.
^[2] Ibid.
^[3] Ibid.
^[4] Nevada Revised Statutes § 408.363.
^[5] Ibid.
^[6] Ibid.