1. Except as otherwise provided in subsections 2 and 3, every original contractor entering into any contract in this State for the erection, construction, alteration, maintenance or repair, including, without limitation, repairs made under a warranty, of any building or structure, including, without limitation, any equipment or fixtures related thereto, or other work of improvement, shall assume and is liable for the indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for the original contractor in performing any labor, construction or other work included in the subject of the original contract, for labor, and for the requirements imposed by chapters 616A to 617, inclusive, of NRS.

2. Except as otherwise provided in subsection 6, the provisions of subsection 1 do not require an original contractor to assume or be liable for any liability of a subcontractor or other contractor in excess of the indebtedness for labor incurred by a subcontractor or any other contractor acting under, by or for the original contractor if such indebtedness for labor had been paid when originally due.

3. The provisions of subsection 1 do not require an original contractor to assume or be liable for any liability of a subcontractor or other contractor for any amount for which the original contractor did not receive proper notice in accordance with NRS 608.152.

4. It is unlawful for any original contractor or any other person to fail to comply with the provisions of subsection 1, or to attempt to evade the responsibility imposed thereby, or to do any other act or thing tending to render nugatory the provisions of this section.

5. The district attorney of any county wherein the defendant may reside or be found, or any potential claimant pursuant to this section may institute civil proceedings against any such original contractor failing to comply with the provisions of this section in a civil action for the amount of any indebtedness for labor that may be owing or have accrued as a result of the failure of any subcontractor acting under the original contractor, and any property of the original contractor, not exempt by law, is subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.

6. In any court action regarding a claim instituted pursuant to this section, the court shall award costs and reasonable attorney’s fees to the prevailing party. If the claimant is the prevailing party, the court shall award to the claimant the applicable interest that has accrued after the claimant provided to the original contractor, subcontractor or other contractor the written notice of such claim pursuant to NRS 608.152 or otherwise notifies the original contractor of a claim under NRS 608.150.

7. As used in this section:

(a) “Contractor” has the meaning ascribed to it in NRS 624.020.

(b) “Original contractor” includes a contractor or any other person who enters into a contract described in subsection 1.

[1:208:1931; 1931 NCL § 2824] + [2:208:1931; 1931 NCL § 2825] — (NRS A 1967, 623; 1985, 580; 1999, 206; 2015, 1931; 2017, 1212)