Administrative Appeal the Exclusive Remedy for Denial of Public Works Bidding Prequalification

The Nevada Supreme upheld a lower court decision which dismissed a suit brought by a contractor whose prequalification application had been denied by the Clark County School District because of pending litigation brought against the school district by the contractor.  In Richardson Constr. v. Clark Cty. Sch. Dist., the Court held that NRS 338.1381 provides the exclusive remedy to contractors whose prequalification applications are denied.  The statute allows the contractor to request a hearing before the local governing board and, if aggrieved by the administrative decision, to seek judicial review.  No private cause of action exists for those whose prequalification applications are denied.

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