Terms Used In Nevada Revised Statutes > Chapter 88A > Operation

• Administrator: means the Administrator of the Purchasing Division. See Nevada Revised Statutes 333.020
• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• Best value: means the greatest possible economy consistent with grades or qualities of supplies, materials, equipment and services that are adapted to the purposes to be served. See Nevada Revised Statutes 333.020
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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

• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes Carson City. See Nevada Revised Statutes 0.033
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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 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

• Director: means the Director of the Department of Administration. See Nevada Revised Statutes 333.020
• 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.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• 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

• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• 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
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Invitation to bid: means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection. See Nevada Revised Statutes 333.020
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• population: means the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Nevada Revised Statutes 0.050
• Proprietary information: means :

  (a) Any trade secret or confidential business information that is contained in a bid or proposal submitted on a particular contract; or

  (b) Any other trade secret or confidential business information submitted in a bid or proposal and designated as proprietary by the Administrator. See Nevada Revised Statutes 333.020

• 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 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

• Purchasing Division: means the Purchasing Division of the Department of Administration. See Nevada Revised Statutes 333.020
• Purchasing officer: means a person who is authorized by the Administrator or a using agency to facilitate:

  (a) The evaluation of bids or proposals for a contract;

  (b) Any negotiations concerning a contract; or

  (c) The development, review or approval of a contract. See Nevada Revised Statutes 333.020

• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Request for proposals: means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection. See Nevada Revised Statutes 333.020
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Specialty contractor: means a person who is licensed to conduct business as described in subsection 4 of Nevada Revised Statutes 338.010
• Statute: A law passed by a legislature.
• 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

• Supplier: means a person who provides materials, equipment or supplies for a construction project. See Nevada Revised Statutes 338.010
• Trade secret: has the meaning ascribed to it in Nevada Revised Statutes 333.020
• Trustee: A person or institution holding and administering property in trust.
• Using agencies: means all officers, departments, divisions, institutions, boards, commissions and other agencies in the Executive Department of the State Government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources. See Nevada Revised Statutes 333.020
• 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