Proposal would let prevailing parties recover legal costs in some public‑works enforcement actions

The Senate Committee on Government Affairs opened a hearing on Senate Bill 447, presented by a counsel working with the bill sponsor. The measure would broaden the existing statute (NRS 3.38) to allow judges discretion to award reasonable costs and attorney fees to any prevailing party that successfully brings an action to enforce public works law — not just in traditional breach of contract disputes.

Mr. Andy Donahue, presenting for the bill, said the change is intended to address situations where an administrative error by an awarding body leaves an individual or a contractor with rightful pay but insufficient funds to pay legal fees as a result of pursuing the correction. "This bill would simply allow judges to consider awarding reasonable costs and fees to all prevailing parties when there's a writ action to enforce provisions of 3.38," he said. Donahue emphasized that the bill would not create damages or profits, but would help make parties whole when administrative mistakes violate public-works rules.

He outlined a typical sequence: an awarding body makes a mistake that goes uncorrected; a court is asked to correct the mistake via a writ; a court must determine standing and whether to order correction; only then could a judge exercise discretion to award costs and fees under the proposed statute.

The committee asked no substantive questions and there was no public testimony. At the hearing’s conclusion the sponsor closed without amendment.

Ending: The hearing closed and the committee moved on to the next agenda item.