Nevada State Lien Law Summary

All furnishers of labor, materials or equipment, in excess of $500, to owner, prime or sub (of apparently any tier). If, however, a license is required for the work performed, then only licensed contractors, their employees, or materials suppliers may claim a lien. Where an out-of-state firm (e.g., an architectural firm) is involved, even if they have locally registered architects, the firm itself must also be registered in Nevada. Lessors or renters of equipment, architects, engineers, land surveyors and geologists all have lien rights. NOTE that trust funds, including for fringe benefits, are considered “laborers”, and have lien rights. No lien will be allowed, however, as against a disinterested owner who records a Notice of Nonresponsibility within 3 days of learning of the construction or planned construction, or a disinterested lessor who records a Notice of Nonresponsibility within 3 days of executing the lease, where the lessor knows of the construction before executing the lease. There are specific requirements for a Notice of Nonresponsibility, which are not set out here. [108.222; 108.234; 108.2214; DTJ Design, Inc. v. First Republic Bank, 318 P.3d 709 (Nev. 2014) ]

Labor and materials sup­pliers (in excess of $500), lessors of equipment, architects, etc., to prime or first-tier sub. Employee benefits trust funds have rights against the payment bond. If claimant is required to be licensed to perform their work, then they must be licensed in order to have bond or lien rights. [339.035; 408.357; Hartford Fire Ins. Co. v. Trustees of Const. Industry, 208 P.3d 884, 125 Nev. 16 (Nev.2009)]

Land occupied by structure plus con­ve­nient space sur­rounding it. There is also now a provision requiring a lessee to provide either a construction disbursement account or a payment and completion bond where the lessee is the one ordering the construction, and the lien may be against the construction disbursement account instead of the real property. The lessee must provide notices as well, but this is not discussed herein. If someone posts a bond in order to release a notice of lien, the lien will instead be against the bond rather than the real property. [108.234; 108.2415; 108.2403]

Contractor’s payment bond. [339.­035; 408.357] NOTE, however, that the state or other political subdivision can be treated as a private owner, and a lien may be filed on the publicly owned property, where the property or improvement is used for a private or nongovernmental use or purpose. In that case, follow the requirements for filing a private works lien. [108.22148(f)]

-All claimants except those supplying only labor or those contracting directly with the owner. The notice required of the prime contra­ctor is differ­ent from the one required by everyone else, however. [108. ­245, 108.246]

-Where the person letting the contract is the lessee rather than the owner, and establishes a construction disbursement account rather than a payment bond, recommend all claimants give notice, including laborers and including those contracting directly with the lessee. A laborer is not required to give the notice to the owner. [108.2407; 108.245]

-NOTE that if an owner has actual knowledge of the potential lien claim of the claimant and is not prejudiced, the failure to otherwise fully or substantially comply with this notice requirement may not render the claim invalid. It is not enough, however, that the owner has knowledge that construction is occurring on the property; actual knowledge is required. The owner has to have been reasonably made aware of the identity of the claimant seeking to record and enforce a lien. It is STRONGLY advised, however, to give the notice in ALL cases. [Hardy Companies, Inc. v. SNMARK, LLC, 245 P.3d 1149 (Nev.,2010)]

-All residential prime contractors and general building contractors contracting with the owner of a single-family residence. [624.520; 624.600]

ALL PROJECTS WHERE A PRIME OR SUB PARTICIPATES IN A HEALTH OR WELFARE FUND OR ANY OTHER EMPLOYEE BENEFIT PLAN:

The prime or sub participating in the plan. [108.245]

ALL PROJECTS EXCEPT HIGHWAY CONSTRUCTION:

All claimants who have no direct con­tract with con­tractor that supplied bond. This includes an employee-benefits trust fund on behalf of a subcontractor’s employees, even if the trustees do not have a direct contract with the subcontractor. [339.035; Hartford Fire Ins. Co. v. Trustees of Const. Industry, 208 P.3d 884, 125 Nev. 16 (Nev.2009)] (Note that trust funds do not need to give preliminary notice to bring a claim directly against a general contractor under 608.150)

HIGHWAY CONSTRUCTION:

No one.

PROJECTS CONTRACTED BY THE PROPERTY OWNER:

By prime:

-Owner or re­put­ed owner, or person whose name appears on bu­ilding permit

-All subcontractors on the job. [108.246]

By everyone else:

-Owner or re­put­ed owner, or person whose name appears on bu­ilding permit

-Prime contractor. (Failure to give the notice to the prime contractor subjects the claimant to disciplinary action but does not invalidate the lien. Nonetheless, it is STRONGLY recommended that the notice be given to the prime.) [108.245, 108.246]

PROJECTS CONTRACTED BY A LESSEE:

-Lessee

-Construction control, where the lessee has established a construction disbursement account rather than posting a bond.

-Owner. [108.2407; 108.245]

RESIDENTIAL PROJECTS:

Owner of the single-family residence. [624.520; 624.600] On a condominium project, if the contractor contracts with the homeowners association, then the notice only needs to be given to the homeowners association, not to the individual owners. [Mata Hardscape Designs, LLC v. Georgetown West Townhouse Owners Ass’n, Slip Copy, 2014 WL 1790944 (2014)]

ALL PROJECTS WHERE A PRIME OR SUB PARTICIPATES IN A HEALTH OR WELFARE FUND OR ANY OTHER EMPLOYEE BENEFIT PLAN:

To the fund or plan. [108.245]

To the prime contractor. [339.035]

PROJECTS CONTRACTED BY THE PROPERTY OWNER:

By prime: Must be received before entering contract. [108.246]

By everyone else: Any time after the claimant’s first delivery, and it relates back 31 days after it is received. [108.­245]

PROJECTS CONTRACTED BY A LESSEE:

Any time after the first delivery of materials or performance of work. Recommend that it be given sooner rather than later, as it entitles the claimant to notice of potential problems. [108.2407; 108.245]

RESIDENTIAL PROJECTS:

One notice must be included in the agreement or contract with the owner, and the disclosure notice must be provided at some unspecified time, but the sooner the better, once the contractor has the required information. [624.520; 624.600]

ALL PROJECTS WHERE A PRIME OR SUB PARTICIPATES IN A HEALTH OR WELFARE FUND OR ANY OTHER EMPLOYEE BENEFIT PLAN:

Upon commencement of work on a project. [108.245]

Notice must be received within 30 days after first furnishing materi­als or labor. If it is received lat­er, will cover materi­als delivered during 30 days prior to notice. [339.035; AMFAC Distribution Corp. v. Housing Authority of City of Las Vegas, Nev., 688 P.2d 318, 100 Nev. 573 (1984)]

PROJECTS CONTRACTED BY THE PROPERTY OWNER:

By prime:

FOR A SINGLE FAMILY RESIDENCE:

-Name, license number, business address and telephone number of all subs and all suppliers furnishing materials totaling $500 or more.

-Notice that everyone listed above may record a notice of lien upon the residence

-An informational form provided by the contractor’s board.  [Chapter 624]

FOR ALL OTHER PROJECTS:

By prime:  See Form A, at­tached [108.246]

By everyone else:  See Form B, at­ta­ched.  The notice does NOT need to be verified, sworn to, or acknowledged.  [108.245]

PROJECTS CONTRACTED BY A LESSEE:

See Form B, attached.  [108.2407; 108.245]

RESIDENTIAL PROJECTS:

Form included in the contract:  See Form C, attached.  [624.520]

Disclosure form: 

1. The name, license number, business address and telephone number of:
   (a) All subcontractors with whom he or she has contracted on the project; and (b) All persons who furnish material of the value of $500 or more to be used in the project.
   2. A notice that a person described in subsection 1 may record a notice of lien upon the residence of the owner and any building, structure and improvement thereon pursuant to the provisions of NRS 108.226.
   3. An informational form, whose contents must be prescribed by the board, regarding: (a) Contractors pursuant to chapter 624 of NRS; and (b) Mechanics’ and materialmen’s liens pursuant to chapter 108 of NRS. [624.600]

ALL PROJECTS WHERE A PRIME OR SUB PARTICIPATES IN A HEALTH OR WELFARE FUND OR ANY OTHER EMPLOYEE BENEFIT PLAN: Notice of the name and location of the project. [108.245]

-Nature of materials or labor fur­nished or to be furnished

-Identity of person to whom labor or materi­als furnished

-Site of project. [339.035]

PROJECTS CONTRACTED BY THE PROPERTY OWNER:

Personal delivery or cer­tified mail. Though consequences of refusal of delivery are not clear, strongly recommend ensuring actual receipt. [108.­245]

PROJECTS CONTRACTED BY A LESSEE:

Personal delivery or certified mail. [108.2407; 108.245]

RESIDENTIAL PROJECTS:

Included in the contract or agreement between the prime contractor and the owner. [624.520]

ALL PROJECTS WHERE A PRIME OR SUB PARTICIPATES IN A HEALTH OR WELFARE FUND OR ANY OTHER EMPLOYEE BENEFIT PLAN:

No specific provision. [108.245]

Sent by certified or regis­tered mail to resi­dence or any office of contractor. It is conceivable, but not likely, that personal service would be required. Though consequences of refusal of delivery are not clear, strongly recommend ensuring actual receipt. [339.035]

All claimants (except laborers) on a project involving the construction, alteration or repair of multifamily or single-family residences, including apartment houses. This notice is not required on non-residential projects. [108.226]

An interim notice is not required.

A Notice of Intent to Lien, containing substantially the same information as is required in a notice of lien; see ‘Contents of final notice’ section, below.  [108.226].

Not applicable.

It must be received at least fifteen (15) days prior to filing the lien. The notice will extend the time for recording the notice of lien by 15 days. [108.226]

Not applicable.

All claimants. [108.226; 108.2407]

NOTE that where a lessee establishes a construction disbursement account, and the claimant timely notifies the construction control of the claimant’s claim, the claimant may be able to recover directly from the account, without the necessity of bringing suit. [108.2407]

ALL PROJECTS EXCEPT HIGHWAY CONSTRUCTION:

Only those who have no direct contract with contractor that supplied bond are required to give the final notice, but it is certainly safer to give the notice regardless. [339.035]

Delinquency Notice:

The administrator of a Taft-Hartley trust who does not receive a benefit payment owed to the trust within 60 days of the date on which the payment is deemed delinquent. [338.—-, 2015 Nev. Laws Ch.345 (S.B. 223)]

HIGHWAY CONSTRUCTION:

All claimants. [408.363]

PROJECTS CONTRACTED BY THE PROPERTY OWNER:

-County recorder for county where property is located

-Owner or registered agent of owner

-Sub must also deliver a copy to the prime contractor. [108.226, 108.227, 108.246]

PROJECTS CONTRACTED BY A LESSEE:

-County recorder for county where property is located

Recommend also giving notice to

-Lessee or agent of lessee

-Prime contractor

-STRONGLY recommend giving a copy to the construction control, where the lessee has established a construction disbursement account. [108.2407]

ALL PROJECTS EXCEPT HIGHWAY CONSTRUCTION:

Prime contractor. [339.035]

Delinquency Notice:

To the general contractor, and, if applicable, to the subcontractor, who is responsible for the benefit payment. [338.—-, 2015 Nev. Laws Ch.345 (S.B. 223)]

HIGHWAY CONSTRUCTION:

The Department of Transportation. It is not clear from the language of the statute if the claimant or the department is to send a copy of the notice to the contractor and surety, therefore recommend the claimant send copies to each. [408.363]

PROJECTS CONTRACTED BY THE PROPERTY OWNER:

To county recorder:

Recorded within the LATER of 90 days after completion of project, or 90 days after claimant last supplies labor, equipment or materi­als. BUT if the owner records and serves a notice of completion, the claimant must file its lien within 40 days after the notice of com­pletion is recorded. [108.226]. NOTE ALSO, if more than one building is built, pursuant to SEPARATE contracts, the time to file the lien commences to run upon completion of EACH building. If all buildings are built pursuant to one contract, then the time to file commences with the completion of ALL buildings.   For the definition of “completion”, see Special Notes, below. NOTE ALSO that the failure of the contractor to obtain the discharge or release of any recorded lien within 75 days after the contractor receives payment for the labor or materials that are the subject of the lien is grounds for disciplinary action. [624.3012(3)]

To owner and prime:

Received within 30 days after recording lien. [108.226, 108.227]

NOTE that a lien may be amended at any time before or during the trial, as long as it is recorded, and served upon the parties and in the manner set out for service of the original lien. Service must take place within 30 days after recording the amended lien. The differences between the amended lien and the original lien are not material, as long as the differences are not due to fraud or intentional errors. If an adverse party was misled by the original lien to that party’s detriment, then the variance in the lien will be invalid as to that party. [108.229]

PROJECTS CONTRACTED BY A LESSEE:

Received within 90 days after the completion of the project. [108.2407]

ALL PROJECTS EXCEPT HIGHWAY CONSTRUCTION:

Received within 90 days after claimant last furnishes labor or materials. [339.035]

Delinquency Notice: Within 15 days after the expiration of the 60-day period from the date on which the payment is deemed delinquent. [338.—-, 2015 Nev. Laws Ch.345 (S.B. 223)]

HIGHWAY CONSTRUCTION:

Filed within 30 days of final acceptance of the contract. [408.363]

PROJECTS CONTRACTED BY THE PROPERTY OWNER:

To County recorder:

Recorded.

To Prime:

Personal delivery.

To Owner:

Personal delivery OR certified mail return receipt requested. BUT if the address of the owner or the owner’s agent’s cannot be ascertained, then service may be had by posting the notice of lien conspicuously on the property AND delivering it to a person residing on the property, if one can be found, AND mailing it to the owner at one of the following addresses: (a) the address of the property being improved; (b) the address of the owner as identified in the deed; (c) the address identified in the records of the office of the county assessor; or (d) the address identified in the records of the county recorder of the county in which the property is located.

NOTE that if there is more than one record owner, if at least one owner is served, the failure to serve another owner does not invalidate the lien.   [108.226, 108.227, 108.246]

NOTE that where an amended notice of lien is filed, a copy is to be served in the same manner as the original lien. [108.229]

PROJECTS CONTRACTED BY A LESSEE:

County recorder:

Recorded.

Prime:

Personal delivery.

Construction control:

By recording the notice of lien, by personal delivery OR certified mail return receipt requested. [108.2407]

ALL PROJECTS EXCEPT HIGHWAY CONSTRUCTION:

Registered or certified mail to resi­dence or any office. Though consequences of refusal of delivery are not clear, strongly recommend ensuring actual receipt. [339.035]

Delinquency Notice:

By electronic mail, telephone, and either personal delivery or registered or certified mail, return receipt requested. [338.—-, 2015 Nev. Laws Ch.345 (S.B. 223)]

HIGHWAY CONSTRUCTION:

Filed in triplicate. Apparently the Department will forward the copy to the contractor and the surety, but if not, it is recommended that the claimant do so, by certified and regular mail. [408.363]

PROJECTS CONTRACTED BY THE PROPERTY OWNER:

SEE FORM D, attached.

-Statement of the lienable amount less credits and offsets.  (NOTE: Where the claimant and the claimant’s customer agree, by contract or otherwise, upon a specific price or method for determining a specific price, then the lien is limited to the unpaid balance of the agreed-upon price.  Where the claimant and their customer do not agree to a price or method for determining a specific price, then the lien is limited to the fair market value of the labor or materials.)

-Name of owner, if known

-Name of person to whom labor, material or equipment furnished

-A brief statement of the terms of payment of the claimant’s contract

-Description of property charged with the notice of lien, sufficient for identifica­tion.  If the legal description is provided in metes and bounds, the name and mailing address of the person who prepared the legal description must be included.

-Lien must be verified by the oath of the claimant or by “some other person”.  Case law does not clarify whether an attorney is allowed to verify the lien.  Acknowledgement is not necessary, however it is a gross misdemeanor to knowingly file a false statement.

-Where lien is against two or more properties owned by the same person, claimant must designate the amount due on each project.  If the claimant fails to do so, their lien will be of last priority to all other liens.  (If necessary, the claimant can estimate in good faith or on a pro rata basis the amount designated to each project.)

-Mailing address of the person requesting the recording of the document

-Assessor’s Parcel Number, if assigned, must be at the top left corner of the first page of the document.  [108.222, 108.226, 108.231; 111.312]

NOTE that a lien may be amended, even during the trial. [Holtzman v. Bennett, 229 P. 1095 (1924)]

PROJECTS CONTRACTED BY A LESSEE:

Same as above.

ALL PROJECTS EXCEPT HIGHWAY CONSTRUCTION:

-Amount claimed

-Name of person for whom labor or materials were furnished. [339.035]

Delinquency Notice:

-The amount owed

-The name and address of the general contractor, and, if applicable, the subcontractor, who is responsible for the delinquent benefit payment

-A demand for full payment of the amount not paid. [338.—-, 2015 Nev. Laws Ch.345 (S.B. 223)]

HIGHWAY CONSTRUCTION:

-Statement that the claimant’s claim against the contractor or subcontractor has not been paid.

-Filed in triplicate.

-Executed and verified before a notary public. Neither the statute nor the case law indicates whether the attorney may sign on the claimant’s behalf. [408.363]

FOR A LIEN AGAINST A LIEN RELEASE BOND:

If the suit is brought before the bond is recorded, then the claimant may amend the pleadings to add the bond principal and surety. If the suit is brought after the bond is recorded, but the bond was recorded to protect against specific, already-recorded lien claims, then the suit must be filed within 9 months after the claimant was served with notice of the recording of the bond. If the bond was recorded to protect against existing AND potential liens, then the suit must be brought within the LATER of 9 months after the claimant was served with notice of the recording of the bond OR 9 months after construction of the improvement is completed. [108.2421]

Note that a supplier is not required to prove that the materials were used or incorporated into the project, only that they were supplied for use or incorporation into the project. [Simmons Self-Storage v. Rib Roof, Inc., 331 P.3d 850 (2014)]

FOR A LIEN AGAINST THE REAL PROPERTY:

More than 30 days after the lien is recorded, but within six months after recording the lien, un­less a written extension, signed and ACKNOWLEDGED by the lien claimant and a person in interest in the property, is recorded within that 6-month period. BUT note that an extension applies only to the people who actually sign the ex­tension, so if there is more than one owner, get them all to sign. Also, note that only one extension is allowed, and that it cannot extend the date for more than one year from date of recording the lien. Also, note that the extension cannot delay other claimants’ ability to collect their claims. If, however, the claimant is filing a statement of facts to join an existing foreclosure action, then there is no need to wait for the 30 days. In that case, though, the claimant must file his or her statement of facts within a reasonable time after publication of the notice of foreclosure, or of receiving the notice of foreclosure, whichever occurs later. [108.244; 108.239] Apparently, if a bankruptcy petition is filed within the 6-month period for filing suit, the time for filing suit is stayed until notice of termination of the automatic stay. Suit must then be filed within 30 days of the notice of termination of the stay. [Depner Architects and Planners, Inc. v. Nevada Nat. Bank, 104 Nev. 560, 763 P.2d 1141 (Nev.1988)] In addition, there are requirements pertaining to filing a lis pendens, publishing a notice of the foreclosure, and joining the actions of other claimants, which are not discussed here. [108.239] Also, note that the lien claimant must record a lien release within 10 days after the lien is satisfied or discharged.   If the notice of lien has not been microfilmed, then the lien claimant can, in the presence of the recorder or the recorder’s deputy, make an entry into the margin of the record acknowledging satisfaction of the lien. [108.2433]   If it has already been microfilmed, or if the claimant prefers, they may instead use the statutory form for the release. (Please contact Levy von Beck and Associates for form information.) It is recommended that this form be used in all cases.   See “Special Notes” section, below.   Finally, note that a contractor can be disciplined if it fails to obtain the discharge or release of a recorded lien within 75 days after the contractor receives payment for the labor or materials, which are the subject of the lien. [108.244, 108.­233; 624.3012] Note that a supplier is not required to prove that the materials were used or incorporated into the project, only that they were supplied for use or incorporation into the project. [Simmons Self-Storage v. Rib Roof, Inc., 331 P.3d 850 (2014)]

FOR A CLAIM AGAINST A PRIME CONTRACTOR FOR WAGES, BENEFITS OR CONTRIBUTIONS OWED BY A SUBCONTRACTOR:

For a suit against a prime contractor for wages or benefits owed to a sub’s employee, one year after the date the employee should have received the wages or benefits, or the date the contributions or premiums should have been paid by the sub. [11.209]

ALL PROJECTS EXCEPT HIGHWAY CONSTRUCTION:

More than 90 days after last labor or materials furnished by claimant, but within one year after claimant last furnishes labor or materi­als. Recovery is limited to the contract amount for the labor and materials furnished. [339.035, 339.055] For a suit against a prime contractor for wages or benefits owed to a sub’s employee, one year after the date the employee should have received the wages or benefits, or the date the contributions or premiums should have been paid by the sub. [11.209]

HIGHWAY CONSTRUCTION:

Within six months of filing notice or acceptance of contract, whichever is EARLIER. [408.363]

FORM A – Cotractor’s Notice

To: ………………………………….
(Owner’s name and address)

The provisions of NRS 108.245, a part of the mechanics’ and materialmen’s lien law of the State of Nevada, require, for your information and protection from hidden liens, that each person or other legal entity who supplies materials to or performs work on a construction project, other than one who performs only labor, deliver to the owner a notice of the materials and equipment supplied or the work performed. You may receive these notices in connection with the construction project which you propose to undertake.

FORM B

NOTICE OF RIGHT TO LIEN
To: ………………………………….
(Owner’s name and address)

The undersigned notifies you that he or she has supplied materials or equipment or performed work as as follows: ……………………………………………………………………  (General description of materials, equipment, work or services) for improvement of property identified as (property description or street address) under contract with (prime contractor or subcontractor). This is not a notice that the undersigned has not been or

or does not expect to be paid, but a notice required by law that the undersigned may, at a future date, record anotice of lien as provided by law against the property if the undersigned is not paid.
…………………………………
(Claimant)

FORM C – Residential Notice

RESIDENTIAL CONSTRUCTION RECOVERY FUND
Payment may be available from the recovery fund if you are damaged financially by a project performed on your residence pursuant to a contract, including construction, remodeling, repair or other improvements, and the damage resulted from certain specified violations of Nevada law by a contractor licensed in this state.  To obtain information relating to the recovery fund and filing a claim for recovery from the recovery fund, you may contact the State Contractors’ Board at the following locations:

State Contractors’ Board                                    State Contractors’ Board
9670 Gateway Drive, Suite 100                          4220 South Maryland Parkway, Suite 800D
Reno, Nevada 89509-8953                                Las Vegas, Nevada 89119-7533
Telephone number: (775) 688-1141                        Telephone number: (702) 486-110

FORM D – Lien Claim

Assessor’s Parcel Numbers

______________________________________________________________________________________

NOTICE OF LIEN
The undersigned claims a lien upon the property described in this notice for work, materials or equipment

furnished for the improvement of the property:
1. The amount of the original contract is: $……………………………..
2. The total amount of all additional or changed work, materials and equipment, if any, is: $…………….
3. The total amount of all payments received to date is: $…………………
4. The amount of the lien, after deducting all just credits and offsets, is:  $………………………………………………
5. The name of the owner, if known, of the property is: …………………..
6. The name of the person by whom the lien claimant was employed or to whom the lien claimant furnished or agreed to furnish work, materials or equipment is: …………………………………………………….
7. A brief statement of the terms of payment of the lien claimant’s contract is: ………………………………………………………………. …………………………………………………………………….
8. A description of the property to be charged with the lien is: ……………………………………………….

…………………………………..
(Print Name of Lien Claimant)
By: ……………………………….

(Authorized Signature)

State of ……………………..  )
)      ss.
County of ………………….  )
………. (print name), being first duly sworn on oath according to law, deposes and says:
I have read the foregoing Notice of Lien, know the contents thereof and state that the same is true of my

own personal knowledge, except those matters stated upon information and belief, and, as to those matters, I believe them to be true.
……………………………………
(Authorized Signature of Lien Claimant)
Subscribed and sworn to before me this ………. day

of the month of  ………. of the year … ……….
……………………………………
Notary Public in and for
the County and State