624.3012 - Diversion of money or property; failure to pay for materials or services; false denial of amount due, or validity of claim of amount due, for materials or services; failure to release lien

624.3012  Diversion of money or property; failure to pay for materials or services; false denial of amount due, or validity of claim of amount due, for materials or services; failure to release lien against property to be improved.  The following acts, among others, constitute cause for disciplinary action under NRS 624.300:

      1.  Diversion of money or property received for the completion of a specific construction project or operation or for a specified purpose in the completion of any construction project or operation to any other construction project or operation, obligation or purpose.

      2.  Willful or deliberate failure by any licensee or agent or officer thereof to pay any money when due for any materials or services rendered in connection with the licensee’s operations as a contractor, when the licensee has the capacity to pay or has received sufficient money therefor as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased.

      3.  The false denial by any licensee or agent or officer thereof of any amount due, or the validity of the claim thereof, for any materials or services rendered in connection with the licensee’s operations as a contractor, when the licensee has the capacity to pay or has received sufficient money therefor as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased, with intent to secure a discount upon such indebtedness or with intent to injure, delay or defraud the person to whom such indebtedness is due.

      4.  Failure to obtain the discharge or release of any lien recorded against the property to be improved by a construction project for the price of any materials or services rendered to the project by order of the contractor, when the contractor has received sufficient money therefor as payment for the project, within 75 days after the recording of the lien.

      (Added to NRS by 1969, 941; A 1999, 2964; 2009, 765)