Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Nevada
Nevada
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Nevada Quick Overview
| Pursuant Code | Nev. Rev. Stat. §§ 108.221–108.246 | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| NV Statutory Relief | Full Price | |
| Lien Milestone Event | Conditional, check statutes | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | Notice of Right to Lien, 31-Day Notice | |
| Prelien Minimum Information | Name and address of claimant; name and address of the party with whom the claimant contracted; general description of the labor, materials, or equipment furnished; property description; statement of right to lien. | |
| Prelien Minimum Notifications | Owner, Prime Contractor, Construction Lender | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in Nevada by Role
In Nevada, preliminary notices are required for all subcontractors, suppliers, and equipment lessors who do not contract directly with the property owner. Notices must be served within 31 days of first furnishing labor or materials. Late notices are allowed, but lien rights are limited to labor or materials provided within 31 days prior to service and thereafter. Prime contractors are not required to serve notice.
Mechanic's Liens in Nevada
In Nevada, a mechanic's lien must be recorded within 90 days after the later of (1) the date the claimant last provided labor, materials, or equipment or (2) the project's completion. If a Notice of Completion is recorded, the lien must be recorded within 40 days of that notice. A copy of the recorded lien must be served on the owner within 30 days after recording. To enforce the lien, a lawsuit must be initiated within 6 months after recording, with a lis pendens filed and published in a newspaper once a week for three consecutive weeks.
Bond Claims in Nevada
For public projects in Nevada, claimants must typically make bond claims against payment bonds rather than filing a lien. Claimants should check the bond terms and serve appropriate notices according to bond and statutory requirements. Public bond claimants may have different timeframes compared to private project lien claimants and often must pursue claims quickly after last furnishing labor or materials.
Construction Lien Waivers in Nevada
Required Format: Nevada is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.
Required Notarization: Nevada does not require waivers to be notarized.
Nevada permits conditional and unconditional waivers on progress and final payments. Waiver forms must be substantially in the form prescribed in NRS § 108.2457.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Nevada counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Nevada
Frequently Asked Questions (FAQs) on Nevada Lien Processes for Contractors
When must a subcontractor serve preliminary notice in Nevada?
A subcontractor must serve a preliminary notice within 31 days of first providing labor, services, or materials to the project.
Can a contractor file a lien if a preliminary notice was served late in Nevada?
Yes, but the lien will only cover labor or materials provided within 31 days prior to serving the late preliminary notice and anything thereafter.
How long does a contractor have to record a lien after completing work in Nevada?
A contractor must record the lien within 90 days after the later of the last furnishing of labor or materials or the completion of the project. If a Notice of Completion is recorded, the lien must be recorded within 40 days thereafter.
Does Nevada require service of the recorded lien after filing?
Yes. A copy of the recorded lien must be served on the project owner within 30 days after the lien is recorded.
Is a Notice of Completion important in Nevada lien deadlines?
Yes. If the property owner records a Notice of Completion, it shortens the time to file a lien from 90 days to just 40 days after the Notice of Completion is recorded.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
