Terms Used In Nevada Revised Statutes > Chapter 338 - Public Works

• Active duty: means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U. See Nevada Revised Statutes 388F.010
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorized representative: means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter. See Nevada Revised Statutes 338.010
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Charter school: means a public school that is formed pursuant to the provisions of chapter 388A of NRS. See Nevada Revised Statutes 385.007
• Child of a military family: means a school-aged child enrolled in kindergarten or grades 1 through 12, inclusive, in the household of a person on active duty. See Nevada Revised Statutes 388F.010
• Compact commissioner: means the voting representative of each compacting state appointed pursuant to Article VIII of this Compact. See Nevada Revised Statutes 388F.010
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work. See Nevada Revised Statutes 338.010
• Contractor: means :

  (a) A person who is licensed pursuant to the provisions of chapter 624 of NRS. See Nevada Revised Statutes 338.010

• controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to Nevada Revised Statutes 0.031
• Conviction: A judgement of guilt against a criminal defendant.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day labor: means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing. See Nevada Revised Statutes 338.010
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Education. See Nevada Revised Statutes 385.007
• Deployment: means the period 1 month before the departure of a person on active duty from his or her home station on military orders though 6 months after return to his or her home station. See Nevada Revised Statutes 388F.010
• Design professional: means :

  (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

  (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

  (c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

  (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

  (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture. See Nevada Revised Statutes 338.010

• Design-build contract: means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work. See Nevada Revised Statutes 338.010
• Design-build team: means an entity that consists of:

  (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

  (b) For a public work that consists of:

  (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS. See Nevada Revised Statutes 338.010

• Discrete project: means one or more public works which are undertaken on a single construction site for a single public body. See Nevada Revised Statutes 338.010
• Division: means the State Public Works Division of the Department of Administration. See Nevada Revised Statutes 338.010
• Donor: The person who makes a gift.
• Educational records: means the official records, files and data directly relating to a student which are maintained by a school or local education agency, including, without limitation, records encompassing all the material kept in the student"s cumulative folder, such as general identifying data, records of attendance and of academic work completed, records of achievement, results of evaluative tests, health data, disciplinary status, test protocols and individualized education programs. See Nevada Revised Statutes 388F.010
• Eligible bidder: means a person who is:

  (a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of Nevada Revised Statutes 338.010

• English learner: has the meaning ascribed to it in Nevada Revised Statutes 385.007
• Extracurricular activities: means a voluntary activity sponsored by a school or local education agency or an organization sanctioned by a local education agency, including, without limitation, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays and club activities. See Nevada Revised Statutes 388F.010
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• General contractor: means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

  (a) General engineering contracting, as described in subsection 2 of Nevada Revised Statutes 338.010

• Governing body: means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested. See Nevada Revised Statutes 338.010
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Homeschooled child: means a child who receives instruction at home and who is exempt from compulsory enrollment and attendance pursuant to Nevada Revised Statutes 385.007
• Horizontal construction: means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work, including, without limitation, any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and any other work incidental thereto. See Nevada Revised Statutes 338.010
• incarcerated persons: means persons who are incarcerated in a facility or institution operated by the Department of Corrections. See Nevada Revised Statutes 388H.010
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interstate Commission: means the Interstate Commission on Educational Opportunity for Military Children created by Article IX of this Compact. See Nevada Revised Statutes 388F.010
• Local education agency: means an administrative agency legally constituted by the state to provide control of and direction for public educational institutions for kindergarten and grades 1 through 12, inclusive. See Nevada Revised Statutes 388F.010
• Local government: means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of NRS, Nevada Revised Statutes 338.010
• Majority leader: see Floor Leaders
• Member state: means a state that has enacted this Compact. See Nevada Revised Statutes 388F.010
• Military installation: means a base, camp, post, station, yard, center or homeport facility for any ship or other activity under the jurisdiction of the United States Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands or any other territory of the United States. See Nevada Revised Statutes 388F.010
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• mortgage: includes a deed of trust. See Nevada Revised Statutes 0.037
• Offense: means :

  (a) Failing to:

  (1) Pay the prevailing wage required pursuant to this chapter;

  (2) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;

  (3) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or

  (4) Comply with subsection 5 or 6 of Nevada Revised Statutes 338.010

• physician: means a person who engages in the practice of medicine, including osteopathy and homeopathy. See Nevada Revised Statutes 0.040
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prime contractor: means a contractor who:

  (a) Contracts to construct an entire project;

  (b) Coordinates all work performed on the entire project;

  (c) Uses his or her own workforce to perform all or a part of the public work; and

  (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors. See Nevada Revised Statutes 338.010

• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public body: means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work. See Nevada Revised Statutes 338.010
• Public schools: means all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the State Board. See Nevada Revised Statutes 385.007
• Public work: means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:

  (a) Public buildings;

  (b) Jails and prisons;

  (c) Public roads;

  (d) Public highways;

  (e) Public streets and alleys;

  (f) Public utilities;

  (g) Publicly owned water mains and sewers;

  (h) Public parks and playgrounds;

  (i) Public convention facilities which are financed at least in part with public money; and

  (j) All other publicly owned works and property. See Nevada Revised Statutes 338.010

• Receiving state: means the state to which a child of a military family is sent, brought or caused to be sent or brought. See Nevada Revised Statutes 388F.010
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Rule: means a written statement by the Interstate Commission promulgated pursuant to Article XII of this Compact that is of general applicability and implements, interprets or prescribes a policy or provision of this Compact or an organizational, procedural or practice requirement of the Interstate Commission and has the force and effect of statutory law in a member state, including the amendment, repeal or suspension of an existing rule. See Nevada Revised Statutes 388F.010
• Sending state: means the state from which a child of a military family is sent, brought or caused to be sent or brought. See Nevada Revised Statutes 388F.010
• Specialty contractor: means a person who is licensed to conduct business as described in subsection 4 of Nevada Revised Statutes 338.010
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other territory of the United States. See Nevada Revised Statutes 388F.010
• State Board: means the State Board of Education. See Nevada Revised Statutes 385.007
• Student: means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten or grades 1 through 12, inclusive. See Nevada Revised Statutes 388F.010
• Subcontract: means a written contract entered into between:

  (a) A contractor and a subcontractor or supplier; or

  (b) A subcontractor and another subcontractor or supplier, for the provision of labor, materials, equipment or supplies for a construction project. See Nevada Revised Statutes 338.010

• Subcontractor: means a person who:

  (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

  (b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project. See Nevada Revised Statutes 338.010

• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Supplier: means a person who provides materials, equipment or supplies for a construction project. See Nevada Revised Statutes 338.010
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transition: means the formal and physical process of transferring from school to school or the period of time in which a student moves from one school in the sending state to another school in the receiving state. See Nevada Revised Statutes 388F.010
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Uniformed service: means the Army, Navy, Air Force, Marine Corps, Coast Guard or Commissioned Corps of the Public Health Service and the National Oceanic and Atmospheric Administration. See Nevada Revised Statutes 388F.010
• University school for profoundly gifted pupils: has the meaning ascribed to it in Nevada Revised Statutes 385.007
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Venue: The geographical location in which a case is tried.
• Vertical construction: means any construction, alteration, repair, renovation, demolition or remodeling necessary to complete a public work for any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any other work or improvement appurtenant thereto. See Nevada Revised Statutes 338.010
• Wages: means :

  (a) The basic hourly rate of pay; and

  (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other bona fide fringe benefits which are a benefit to the worker. See Nevada Revised Statutes 338.010

• Worker: means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. See Nevada Revised Statutes 338.010
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.