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Nevada affordable housing

Nevada Housing Division Requirements for the General Contractor and Construction Phase

The Nevada Housing Division's 2026 Qualified Allocation Plan, adopted December 24, 2025, and amended March 25, 2026, caps contractor fees at 14 percent including the builder's profit, overhead and general requirements, awards points for lower fees and requires a CPA cost certification before Form 8609 is issued. NAC chapter 319 adds the Division's bond program rules: contractor profit and overhead paid on the basis of percentage of completion, a developer fee schedule tied to completion and cash flow, a written agreement with a Nevada-licensed contractor within 270 days of the reservation and tax, insurance and replacement escrows for the life of the loan. Neither document sets builder's risk, liability limits, additional insured wording, payment and performance bonds, prevailing wage or retainage, so those terms typically come from the construction lender, the bond issuer or credit enhancer and the tax credit investor.

A multi-story wood-framed building under construction, open to weather, with sheathed walls, stacked lumber on the pad and a telehandler alongside

Key Decision Points

  1. QAP section 6.6 limits contractor fees to 14 percent, counting profit, overhead and general requirements together, with possible increases for small, rural and Tribal projects.
  2. QAP section 7.4.5 gives up to three points for contractor fees below 14 percent, and the fee percentage cannot rise after application.
  3. NAC 319.7225 says contractor profit and overhead on a bond program project must be paid on the basis of percentage of completion.
  4. The Division expects two years of general contractor financial statements at application and a CPA cost certification before Form 8609.
  5. Builder's risk, liability limits, additional insured, bonds and retainage are typically set in the loan, bond and partnership documents, not the QAP.

The 14 Percent Contractor Fee Cap in QAP Section 6.6 and NAC 319.7225

Section 6.6 of the 2026 QAP sets a 14 percent limitation on contractor fees and defines the fee broadly: it includes the builder's or contractor's profit, overhead and general requirements. A general contractor pricing a Nevada tax credit job therefore cannot park jobsite supervision, temporary facilities or trailer costs in general requirements and still charge a full 14 percent on top. The QAP says an increase may be considered for small projects of under 50 units, rural projects and Tribal projects, so a sponsor in one of those groups typically raises the question with the Division before the budget is locked rather than after.

The Division's bond regulations carry a parallel limit. NAC 319.7225, adopted in 2000 for the multifamily bond program, reads: "The maximum amount of profit and overhead for a contractor on a project is limited to 14 percent of profits on improvements." The wording of that phrase is the regulation's own, and a contractor whose fee basis is in doubt should have counsel and the Division confirm how it is applied. The same section requires that such profit and overhead "be paid on the basis of percentage of completion," which ties the contractor's fee draws to progress on the work rather than to an up-front payment.

Because QAPs change every year, these figures describe the 2026 plan and the regulation as posted in October 2026. Confirm the current year's QAP and the current text of NAC chapter 319 with the Division before signing a construction contract.

Developer Fee Limits and the NAC 319.722 Payment Schedule

The 2026 QAP caps the developer fee at 15 percent. For 4 percent tax credit projects the base is total development cost excluding developer fees; for 9 percent projects the base is eligible basis. Any deferred developer fee must be paid in full by year 15.

NAC 319.722 sets the payment pattern for the Division's bond program: a fee of up to 15 percent of tax-credit-eligible basis, with not more than 50 percent paid on the basis of percentage of completion of the improvements, not more than 25 percent at conversion to the permanent loan and at least 25 percent from cash flow. For the construction team, the practical effect is that the developer's own cash from fee is tied to progress, which is one reason lenders and investors watch the construction schedule and draw requests closely.

Nevada Contractor Licensing, Financial Statements and the GC Agreement

Section 12.5 of the QAP cites NAC 319.981(1), which looks for a written agreement with a contractor licensed in the State to begin construction within 270 days of the reservation. A sponsor that has not chosen a Nevada-licensed general contractor, or whose preferred builder holds licenses only in other states, can put that timeline at risk, so licensing is typically confirmed before the reservation rather than after.

Section 6.11.1 asks for financial statements of the owners, the general contractor and the property management company for the prior two full calendar years. The bond program application in NAC chapter 319 also lists a copy of any general contractor's agreement between the sponsor and the proposed general contractor. A contractor new to Division projects should expect its balance sheet and its contract terms to be read by the Division and, separately, by the lender, the credit enhancer and the investor. None of these filings means a contractor or a project will qualify or receive an allocation; each step depends on the Division's evaluation under the current year's rules.

Per-Unit Cost Limits, Feasibility Checks and CPA Cost Certification

Section 6.4 of the 2026 QAP caps total development cost per unit, excluding land, on 9 percent projects at $350,000 in Clark County and $370,000 in all other counties, and the same section lists higher limits of $530,000 and $540,000 that apply to rent-to-own and Tribal projects; confirm in the current QAP which limit applies to a given project and county. A Las Vegas valley project with structured parking or a podium can press against the Clark County figure, and the construction budget, including contingency and insurance, sits inside it.

Under section 6.6 the Division evaluates feasibility three times: at application, at carryover and at final cost certification, with a minimum debt coverage ratio of 1.15. Section 12.4 says the sponsor must meet the 10 percent test by November 5, 2027, for this round. Section 13 then requires a CPA certification of costs with the Form 8609 request, which the Division will consider the true and correct document. For a general contractor, that means change orders, allowances and the final contractor fee are typically traced back to the contract and the draw history, so clean cost records through closeout matter as much as the bid.

Bond Financing: Credit Enhancement, Local Endorsement and Escrows

The Division's Multi-Family Bond Financing page, which is undated, states that state law requires credit enhancement on bond-financed projects and that it must carry an Aa/AA or Aaa/AAA long-term rating. The page also says applicants must obtain local government endorsement of the project by council resolution. NAC 319.7115(2) expects local governments to provide at least 50 percent of the volume cap, subject to exceptions. NAC 319.719 limits a Division first lien to 85 percent of appraised value unless the Division allows more. Starting January 1, 2026, QAP section 3.1 caps new private activity bonds per project at 30 percent of aggregate basis.

NAC 319.7185 requires each sponsor to maintain tax and insurance escrows, plus repair and replacement escrows, for the duration of the loan. That rule speaks to the operating years, not to construction-phase coverage, but it shows that property insurance becomes a continuing loan obligation once the project converts. Because the credit enhancer stands behind the bonds, its own documents are typically where construction insurance, completion and bonding terms are written, and they can vary by enhancer and transaction.

Insurance, Bond and Payment Terms the QAP Does Not Set

The 2026 QAP and NAC chapter 319 do not set builder's risk limits, general liability limits, additional insured or loss payee wording, payment and performance bonds, prevailing wage or retainage. The only insurance the QAP text mentions is the owner's title insurance policy. Those construction terms typically come from the construction lender, the bond issuer or credit enhancer and the tax credit investor, and they are confirmed in the loan agreement, the bond documents and the partnership agreement. If HOME, trust fund or other public money is layered into the project, confirm with each funder whether its own wage or contract terms apply.

In practice the sponsor collects each party's insurance exhibit early and reconciles them before the construction contract is signed, because the general contractor's policies and bonds have to satisfy all of them at once. Coverage is subject to underwriting and the terms of the policies and bonds issued, and requirements can vary by lender, investor and program.

  • Builder's risk amount, deductible and loss payee: construction lender and investor documents
  • General liability and excess limits, additional insured and waiver of subrogation: loan agreement and partnership agreement
  • Payment and performance bonds or another completion assurance: lender, credit enhancer or investor
  • Retainage and draw conditions: construction loan agreement and the construction contract
  • Prevailing wage: the terms of any public funding layered into the deal

Before You Ask for a Quote

What to Gather

  • The current year's QAP, with sections 6.6, 7.4.5, 12.5 and 13 marked
  • The construction contract showing profit, overhead and general requirements as separate lines
  • Nevada contractor license and two full years of general contractor financial statements
  • Any identity-of-interest disclosure between the sponsor and the builder
  • Insurance and bond exhibits from the construction lender, credit enhancer and tax credit investor
  • The draw schedule and cost records the CPA will use for cost certification

What to Ask the Insurer or Surety

  • Does the Division consider a fee increase for this project as small, rural or Tribal?
  • Which document controls builder's risk limits and loss payee wording if the lender and investor differ?
  • Does the lender, credit enhancer or investor require payment and performance bonds, and at what amount?
  • What retainage and draw conditions does the construction loan agreement set?
  • Does any layered public funding bring its own wage or contract requirements?
  • Which escrows begin at conversion, and what property insurance must be in force then?
Quick Answer

The Nevada Housing Division's 2026 QAP caps contractor fees at 14 percent including profit, overhead and general requirements, scores lower fees and requires a CPA cost certification for Form 8609. NAC 319.7225 pays contractor profit and overhead by percentage of completion. Builder's risk, liability limits, bonds and retainage typically come from the lender, bond issuer and investor.

Common Mistake

Pricing a 14 percent fee on top of separately billed general requirements. QAP section 6.6 counts profit, overhead and general requirements together inside the 14 percent cap, and a lower fee offered for points cannot rise as a percentage later.

Broker Perspective

A broker gathers the lender, credit enhancer and investor insurance and bond exhibits, finds where they conflict and builds the builder's risk, liability and surety program to meet the strictest wording before the general contractor signs.

Coverage Impact

The QAP and NAC 319 set fees, qualifications and cost rules, not insurance terms. Whether a builder's risk or liability policy responds to a loss depends on its wording, and payment and performance bonds are surety credit, not insurance.

The Same Requirement in Other States

Questions Buyers Ask

Does the Nevada Housing Division's 14 percent contractor fee include general requirements?

Yes. Section 6.6 of the 2026 QAP describes the 14 percent limitation as including the builder's or contractor's profit, overhead and general requirements. The plan says an increase may be considered for projects under 50 units, rural projects and Tribal projects. Confirm the current year's QAP before pricing.

Can a Nevada tax credit contractor raise its fee after the application is scored?

Under QAP section 7.4.5 the fee may rise later only if the percentage stays the same, and section 2.4 says the contractor fee cannot go above the original percentage in an additional-credit request. A contractor that offers a lower percentage for points is typically held to it through cost certification.

Does the Nevada QAP require payment and performance bonds from the general contractor?

The 2026 QAP and NAC chapter 319 do not set payment and performance bond requirements. Completion security is typically required by the construction lender, the credit enhancer or the tax credit investor, so confirm the amount and form in the loan, bond and partnership documents.

Does the general contractor have to hold a Nevada license?

QAP section 12.5 cites NAC 319.981(1), which looks for a written agreement with a contractor licensed in the State to begin construction within 270 days of the reservation. A builder licensed only in other states can put that timeline at risk.

What does the Division require for credit enhancement on bond-financed projects?

The Division's Multi-Family Bond Financing page, which is undated, says state law requires credit enhancement on bond-financed projects with an Aa/AA or Aaa/AAA long-term rating. The enhancer's own documents typically carry its construction insurance and completion terms, which can vary by transaction.

Official Sources

  1. 2026 Qualified Allocation Plan, adopted December 24, 2025, amended March 25, 2026 (sections 2.4, 3.1, 6.4, 6.6, 6.11.1, 7.4.5, 12.4, 12.5 and 13), Nevada Department of Business and Industry, Housing Division. 14 percent contractor fee cap including profit, overhead and general requirements, with possible increases for small, rural and Tribal projects; identity-of-interest estimating consultant and limits; 15 percent developer fee bases and year-15 deferred fee payoff; feasibility at three points and 1.15 minimum DCR; lower-fee scoring; no percentage increase in additional-credit requests; per-unit cost limits; 30 percent private activity bond cap; GC financial statements; 270-day licensed contractor agreement; 10 percent test date; CPA cost certification for Form 8609; owner's title insurance as the only insurance mention. Verified 2026-10-26.
  2. NAC Chapter 319, Housing (NAC 319.7115, 319.7185, 319.719, 319.722, 319.7225 and 319.981 and the bond program application), Nevada Legislature, Legislative Counsel Bureau. Contractor profit and overhead limited to 14 percent and paid on the basis of percentage of completion; developer fee of up to 15 percent of eligible basis paid at most 50 percent by completion, at most 25 percent at permanent conversion and at least 25 percent from cash flow; tax, insurance and replacement escrows for the duration of the loan; 85 percent loan-to-value for a Division first lien; local share of volume cap; licensed contractor agreement within 270 days; general contractor's agreement as an application exhibit. Verified 2026-10-26.
  3. Multi-Family Bond Financing program page (undated), Nevada Housing Division. State law requires credit enhancement on bond-financed projects rated Aa/AA or Aaa/AAA long term; local government endorsement by council resolution; non-competitive 4 percent credits. Verified 2026-10-26.

Reviewed by the Principal, Gleason Insurance Brokers, LLCUpdated

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