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83rd Session (2025)
Senate Bill No. 447–Committee on Government Affairs
CHAPTER..........
AN ACT relating to public works; 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 such an alternate
writ of mandamus; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law prescribes general procedures and requirements for contracts for a
public work. (Chapter 338 of NRS) Section 2 of this bill authorizes a party found
by a court of competent jurisdiction to have legal standing to bring an action in
district court against a public body to obtain an alternate writ of mandamus
requiring the public body to award a contract pursuant to the provisions of chapter
338 of NRS if: (1) the public body attempts to award certain contracts in
compliance with certain provisions of law relating to public procurement; and (2)
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.
Section 2 also authorizes a district court to award reasonable attorney’s fees and
costs to a party that prevails on such an alternate writ of mandamus.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 1.5. (Deleted by amendment.)
Sec. 2. Chapter 338 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. A party 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.
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83rd Session (2025)
2. The district court may award reasonable attorney’s fees
and costs to the prevailing party in an action filed pursuant to
subsection 1.
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