In general, the mechanics and materialmen’s lien rights of NRS Ch. 108 are intended to secure payment for the work, labor and materials provided to the construction project or improvement to the land. These lien rights will impact all construction projects. This is because the owner or developer must protect themselves in anticipation of such liens potentially being recorded against their land (whether that happens or not). Contractors and material suppliers need to satisfy the pre-lien or preliminary notice of such rights before they can lien the property (whether they will actually do so or not). And, the liens must then be timely and properly served and recorded upon the property (regardless if a lien foreclosure lawsuit is ultimately filed or not).
If you are the owner or landlord of real estate upon which there is construction or improvement, then you should be aware of your requirements to comply with the Notice of Non-Responsibility (“NNR”). An NNR could end up saving your property from being foreclosed upon by the liens of unpaid contractors or material suppliers. NRS 108.234 is Nevada’s statutory law on NNR.
If you are a contractor or material supplier, then you must be aware of your mandatory pre-lien or preliminary notice requirements. This notice protects and preserves your lien rights, before you can record your lien against the property. NRS 108.226 and 108.245 are Nevada’s statutory law on such notice requirements.
If you have to record a lien against the property, then you must be aware of the form of and information needed to be in the lien. You must also be aware of when you can record the lien, the deadline to do so and when you are to file a lawsuit to foreclose on that recorded lien. NRS 108.226, 108.227, 108.233, 108.244 and 108.246 are Nevada’s statutory law on these requirements.
Please do not hesitate to contact us if you need assistance with protecting against liens, fending them off or asserting your lien rights.
