Nevada § 624.875 - Mandatory elements and required information in contracts; contractor required to furnish copy of signed documents and receipt for money paid; certain contracts void; contractor required to apply for and obtain necessary permits and approvals from electric utility; regulations

§ 624.875. Mandatory elements and required information in contracts; contractor required to furnish copy of signed documents and receipt for money paid; certain contracts void; contractor required to apply for and obtain necessary permits and approvals from electric utility; regulations

1. The Board may adopt by regulation mandatory elements to be included in all contracts

to be used by contractors for work concerning a residential photovoltaic system used

to produce electricity. Such mandatory elements must not be waived or limited by contract or in any other

manner. On and after October 1, 2021, any contract entered into between a contractor and

the owner of a single-family residence for work concerning a residential photovoltaic

system used to produce electricity must comply with the provisions of NRS 624.830 to 624.895 , inclusive, and all applicable regulations adopted by the Board. A contract that does not comply with the provisions of NRS 624.830 to 624.895 , inclusive, and all applicable regulations adopted by the Board is voidable by the

owner of the single-family residence. 2. Any contract for work concerning a residential photovoltaic system used to produce

electricity must contain in writing at least the following information: (a) The name of the contractor, his or her address and contractor's license number

and the monetary limit on that license. (b) The name and mailing address of the owner of the single-family residence on which

the work is being performed and the address or legal description of the property. (c) The date of execution of the contract. (d) The estimated date of completion of all work to be performed under the contract. (e) A description of the work to be performed under the contract. (f) The total amount to be paid to the contractor by the owner of the single-family

residence for all work to be performed under the contract, including all applicable

taxes. (g) The amount, not to exceed $1,000 or 10 percent of the aggregate contract price,

whichever is less, of any initial down payment or deposit paid or promised to be paid

to the contractor by the owner before the start of construction. (h) A statement that the contractor has provided the owner of the single-family residence

with the notice and informational form required by NRS 624.600 . (i) A statement that any change in the scope or price of the work to be performed

under the contract must be agreed to in writing by the parties and incorporated into

the original contract as a change order. A change order is not enforceable against the owner of the single-family residence

who is contracting for work concerning a residential photovoltaic system used to produce

electricity unless the change order sets forth all changes in the scope and price

of the work and is accepted by the owner of the single-family residence. (j) For a project of new work concerning a residential photovoltaic system used to

produce electricity, a plan and scale drawing showing the shape, size and dimensions

of and the specifications for the construction and equipment for the work specified

in the contract, and a description of the work to be done, the materials to be used

and the equipment to be installed, and the agreed consideration for the work. For projects which consist exclusively of repairs to existing work concerning a

residential photovoltaic system used to produce electricity, plans, scale drawings,

equipment specifications and lists of materials and equipment are not required to

be contained in or included with the contract. (k) Except as otherwise provided in this subsection and subsection 3, the dollar amount

of any progress payment and the stage of construction at which the contractor will

be entitled to collect progress payments from the owner of the single-family residence

during the course of construction under a contract for the installation of a residential

photovoltaic system used to produce electricity. The schedule of payments must show the amount of each payment as a sum in dollars

and cents. The schedule of payments must not provide for the contractor to receive, nor may

the contractor actually receive, payments in excess of 100 percent of the value of

the work performed on the project at any time, excluding finance charges, except for

an initial down payment or deposit. With respect to a contract executed before October 1, 2021, if any schedule of payments

set forth in the contract does not comply with the provisions of this chapter or any

regulations adopted pursuant thereto: (1) The obligation of the owner of the single-family residence to make payments in

accordance with the payment schedule is voidable; and (2) The lender, if any, may not initiate proceedings to enforce the payment of any

applicable loan unless and until the contract is reformed or otherwise amended to

comply with those provisions of law. (l) If a contract with the owner of a single-family residence for the installation

of a residential photovoltaic system used to produce electricity provides for payment

of a commission to a salesperson out of the contract price, a statement that the payment

must be made on a pro rata basis in proportion to the schedule of payments made to

the contractor by the disbursing party in accordance with the provisions of paragraph

(k). (m) A disclosure of the retail price of a kilowatt-hour, any offsetting tariff and

the identity of the electric utility that furnishes electric service to the single-family

residence at the time the contract is executed. Except as otherwise provided in subsection 6, the contract may contain such other

conditions, stipulations or provisions as to which the parties may agree. 3. The provisions of paragraph (k) of subsection 2 do not apply if: (a) The contractor has furnished a bond for payment and performance covering full

performance and completion of the contract and the cost of the bond is included in

the price of the project; (b) The contractor builds a residential photovoltaic system used to produce electricity

as part of the original building plan pursuant to which the contractor builds a single-family

residence on the premises; or (c) The owner of the single-family residence has: (1) Purchased the residential photovoltaic system used to produce electricity pursuant

to a power purchase agreement as defined in NRS 598.9807 ; or (2) Leased the residential photovoltaic system used to produce electricity pursuant

to a monthly lease contract. 4. The contract must contain: (a) A method whereby the owner of the single-family residence may initial provisions

of the contract, thereby indicating that those provisions have been read and are understood. (b) In close proximity to the signatures of the owner of the single-family residence

and the contractor, a notice stating that the owner of the single-family residence: (1) May contact the Board or the Public Utilities Commission of Nevada if assistance

is needed to clarify any of the provisions of the contract that the owner of the single-family

residence does not fully understand; (2) Has the right to request a bond for payment and performance if such a bond is

not otherwise required pursuant to NRS 624.270 ; (3) May contact an attorney for an explanation of the rights of the owner of the single-family

residence under the contract; and (4) May, if the contract was explained in a language other than the language in which

the contract is written, ask for a contract that is written in the language in which

the contract was explained. 5. At the time the owner of the single-family residence signs the contract, the contractor

shall furnish to the owner of the single-family residence a legible copy of all documents

signed and a written and signed receipt for any money paid to the contractor by the

owner of the single-family residence. All written information provided in the contract must be printed in at least 10-point

type. The contract, receipt and other documents referenced in this subsection may be delivered

by electronic means. 6. A condition, stipulation or provision in a contract that requires a person to waive

any right provided by this chapter or any regulations adopted pursuant thereto or

relieves a person of an obligation or liability imposed by this chapter or those regulations

is void. Failure to comply with the requirements of this section renders a contract voidable

by the owner of the single-family residence. 7. The contractor shall apply for and obtain all necessary permits and approvals from

an electric utility into whose system the residential photovoltaic system used to

produce electricity will interconnect.