Nevada § 339.035 - Actions on payment bonds by claimants

§ 339.035. Actions on payment bonds by claimants

1. Subject to the provisions of subsection 2, any claimant who has performed labor

or furnished material in the prosecution of the work provided for in any contract

for which a payment bond has been given pursuant to the provisions of subsection 1

of NRS 339.025 , and who has not been paid in full before the expiration of 90 days after the date

on which the claimant performed the last of such labor or furnished the last of such

materials for which the claimant claims payment, may bring an action on such payment

bond in his or her own name to recover any amount due the claimant for such labor

or material, and may prosecute such action to final judgment and have execution on

the judgment. 2. Any claimant who has a direct contractual relationship with any subcontractor of

the contractor who gave such payment bond, but no contractual relationship, express

or implied, with such contractor, may bring an action on the payment bond only: (a) If the claimant has, within 30 days after furnishing the first of such materials

or performing the first of such labor, served on the contractor a written notice which

shall inform the latter of the nature of the materials being furnished or to be furnished,

or the labor performed or to be performed, and identifying the person contracting

for such labor or materials and the site for the performance of such labor or materials;

and (b) After giving written notice to such contractor within 90 days from the date on

which the claimant performed the last of the labor or furnished the last of the materials

for which the claimant claims payment. Each written notice shall state with substantial accuracy the amount claimed and the

name of the person for whom the work was performed or the material supplied, and shall

be served by being sent by registered or certified mail, postage prepaid, in an envelope

addressed to such contractor at any place in which the contractor maintains an office

or conducts business, or at the residence of the contractor.