Nevada Notice of Right to Lien & Request for Notice of Completion
By Diane Dennis
In Nevada, when you want lien rights on a project you're working on, if you're not contracted directly with the owner then, per NRS 108.245, you have to do a notice titled "Notice of Right to Lien".
NRS 108.245
1. Except as otherwise provided in subsection 5, every lien claimant, other than one who performs only labor or is a potential claimant under NRS 608.150, who claims the benefit of NRS 108.221 to 108.246, inclusive, shall, at any time after the first delivery of material or performance of work or services under a contract, deliver in person or by certified mail to the owner of the property a notice of right to lien in substantially the following form:
The What and Why of the Nevada Notice of Right to Lien & Request for Notice of Completion
This notice is often referred to as the Nevada Preliminary Notice of Right to Lien. But the actual title of the form is mandated by Nevada, and it has to be Notice of Right to Lien.
If you're required to do this notice in order to claim lien rights but you don't do the notice, you won't have the right to file a mechanic's lien.
The notice serves to notify the owner of the property that you are present on the job and that you have lien rights should you not get paid. This way the owner can keep track and make sure everyone gets paid.
That's why you don't have lien rights if you don't do the notice of right to lien, because the owner didn't know you were present (and knowing by sight, or chatting with the person, etc. doesn't count - the notice is absolutely required).
The Who, How, and Where of the Notice of Right to Lien
Subcontractors, equipment suppliers, and material suppliers are required to give the Notice of Right to Lien if they wish to protect their lien rights.
The Where
Instead of always trekking to the post office to send your certified mail, get a enough of the various documents required (enough for many, many mailings) and then just mail it from home or the office. Just be sure to keep enough postage on hand.
Prime contractors, and other persons directly contracted with (or directly selling material to), the owner are not required to give the notice.
Subcontractors, equipment suppliers, and material suppliers who give the Notice of Right to Lien to an owner are also required to serve a copy on the prime contractor.
The failure by a subcontractor to deliver the notice to the prime contractor is a ground for disciplinary proceedings against the subcontractor under NRS 624!
It doesn't invalidate the notice to the owner, you'll still have lien rights, but dang, it's no fun getting disciplined!
There doesn't appear to be anything in the laws that gives a deadline to have it to the Prime but the easiest way to do it is all in one fell swoop.
The notice does not have to be verified, sworn to or acknowledged.
When delivering the notice to the owner and to the prime contractor it's required that it be either hand-delivered or sent via certified mail.
If you do it by hand-delivery be sure to have a document for the recipient to sign stating that he/she received the document.
When Does the Notice of Right to Lien Have to be Done?
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Nevada Notice of Right to Lien & Request for Notice of Completion
Construction-Business-Forms.com |
The Notice of Right to Lien has to be served *after* you start on the project (or provide services or materials).
But, it only protects you for 31 days prior to the date on the notice, forward.
Meaning, if you don't do the notice until 50 days into the job then you don't have lien rights for the first 19 days you were on the project!
The best thing to do is have that paperwork ready to go by your first day on the job. As soon as you step foot on the job site (or deliver material or provide services) get that notice served.
The Request for Notice of Completion
The owner is required by law to send you a copy of the Notice(s) of Completion if you sent him the Notice of Right to Lien.
You need that information for lien purposes, in case you don't get paid. But most owners don't know that they have that responsibility.
By including the request on your notice you give the owner a heads up. Sure it's not your responsibility but it's a super easy way to ensure that you stay in the loop.
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Article Series: Preliminary Lien Law
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California 20-Day Preliminary Lien Notices
Construction-Business-Forms.com |
Preliminary Notices and Conflicting Addresses
If the address on the Grant Deed is
different than the address on the prelim information given to us by the
General Contractor, who do we send it to?
Nevada Notice of Right to Lien & Request for Notice of Completion
The Who, What, When, Where, Why, and How - not necessarily in that order :o)
The California Preliminary Notice Covers Up to 20 Days Back
Just because you missed the deadline doesn't mean that all is lost!
Preliminary Lien Notice Research
A preliminary lien notice won't do you any good if they don't go to the correct entities.
California preliminary notice, Supplier didn't do one...
Unfortunately, a prelim is required to file a lien, even if you're a supplier.
Arizona Preliminary Liens
Arizona requires preliminary liens prior to mechanic's liens.
General Contractor Was Paid But He Won't Pay Sub
What should you do? Do you still have lien rights?
California mechanic's lien laws, preliminary notices, and change orders
Do you have to do a preliminary notice for change orders?
California Preliminary Notice & Architectural Fees
I am an architect who is having difficulty with the final payment of fees...
When a Preliminary Lien Notice is Refused
Did someone refuse your preliminary lien notice?
Preliminary Liens When There's More Than One Location
The potential ramifications of using one preliminary notice for several locations when they're all under the same contract
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California 20-Day Preliminary Lien Notice
Construction-Business-Forms.com |
Preliminary Notices and Dollar Amounts
Make sure the $ amount on the prelim is as accurate as possible
Preliminary Liens and Non-Responsibility
Why you should serve the owner with a prelim even if he posts a notice of non-responsibility
Preliminary Notices and Signatures
Can the signature on a preliminary notice be a copy/fax or must it be 'wet'/original?
Amending a Preliminary Lien Notice
Is it better to amend the notice, or issue a new one?
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California 20-Day Preliminary Notices
Construction-Business-Forms.com |
Serving the Wrong Party
When working in Arizona be sure to timely serve the preliminary notice *to the correct parties* or there could be trouble
Getting 'Stiffed' on the Job
Preliminary liens can help save you from being 'stiffed' on the job!
Property Records are your Friend
Research property records when doing your preliminary notices
Outsourcing your Preliminary Liens
Thoughts about using a company that handles your preliminary notices for you
Preliminary Liens - a detailed, step-by-step outline
A detailed step-by-step explanation of how to process preliminary notices
Preliminary Liens
Tracking the paperwork, the proof of service, and the USPS documents for prelims
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California 20-Day Preliminary Lien Notices
Construction-Business-Forms.com |
Preliminary Liens and Notifying the Correct Parties
Make sure your prelims go to the correct entities
Mishandling of, or Not Processing, Preliminary Liens
Mishandling of, or not processing, preliminary liens is one of the top 10 mistakes contractors make
At one time the California preliminary notice form was mandated by California to be titled "20-Day
Preliminary Notice Form" (exactly, word for word). The California mandate has since changed and
the form is now known as the "Preliminary Notice Form" (again, exactly, word for word). Make sure what your state requires and make sure your forms are valid.
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