Nevada Lien Frequently Asked Questions

What is a Mechanics’ Lien Claim?

Liens filed on private property are known as Mechanic’s Liens. When a lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. In Nevada, mechanic’s lien rights are not afforded contractors on public works jobs.

Who can file a Mechanics’ Lien Claim?

Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a lien. Only licensed contractors may claim liens for work which requires a contractor’s license.

Are pre-notices for a Mechanics’ Lien Claim required?

Pre-notices are not required for contractors, but subcontractors, including those who contract with or supply to direct subcontractors, are entitled to claim a mechanics lien provided he gives written notice to the owner. Notice should be given within 31 days of performing work or providing materials. While a lien does not attach until the notice required by the statute is provided to the owner, a subcontractor may provide notice after the labor or materials are supplied, making the mechanics’ lien valid to the extent of work performed within the 31 days before the date of notice.

Can you file a Mechanics’ Lien Claim without a pre-notice?

Contractors can file without a pre-notice, but subcontractors, sub-subcontractors and suppliers must file a pre-notice prior to filing a lien.

When should a Mechanics’ Lien Claim be filed?

How much does it cost to file a Mechanics’ Lien Claim?

LienItNow.com prepares, files and serves Nevada Mechanics’ Liens (which includes a written notice of intent to claim a lien, if necessary, as well as a verified statement of lien) for a fee of $250.00.  Pre-notices are not included in the $250.00 price, but can be filed for a fee of $50.00.

Do I need a written contract?

No. It is sufficient that the labor or materials were provided at the instance or request of the owner or his agent. If there is no contract, the lien attaches in the amount of the full market value of the labor performed or materials supplied or rented, including a reasonable allowance for overhead and profit.

How does filing a Mechanics’ Lien Claim help me get my money?

On a private project, the mechanics’ lien places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the lien.

What is a Stop Notice and why should it be filed?

LienItNow.com prepares and serves Nevada Stop Notices for a fee of $100.00.  A Stop Notice can be filed on both public and private projects, and is a notification that has the ability to enhance the effectiveness of a mechanic’s lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid. The 20 day pre-notice is required to be eligible to file a Stop Notice.

What is an Amendment to a Mechanics’ Lien Claim?

LienItNow.com prepares, files and serves Nevada Amendments to Mechanics’ Lien Claims for a fee of $225.00.  Amendments to a mechanics’ lien claim are often needed when something about the lien claim changes.  Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work.

When should a Discharge of Mechanics’ Lien claim be filed?

LienItNow.com prepares, files and serves Nevada Discharges of Mechanics’ Lien Claims for a fee of $75.00.  Once the lienor has been paid the amount contained in its lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of Mechanics’ Lien Claim should be filed.

How much does it cost to file an Extension of a Mechanics’ Lien Claim?

LienItNow.com prepares, files and serves extensions of Mechanics’ Lien Claims for a fee of $75.00.  Nevada lien claims expire after a six month period and can only be extended if a written agreement between the owner and lien claimant extending he same is recorded with the county recorder before the expiration of the six month period.

Can I file a Bond Claim on the Project?

LienItNow.com prepares, files and serves Nevada Bond Claims for a fee of $250.00.  Bond claims can only be filed on a project where the owner, contractor or subcontractor have obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project. The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants’ last date of work. Bond claims can be more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed. Bonds are required on public projects.

Do I need to file a Pre-Notice to make a claim against a payment bond?

LienItNow.com prepares, files and serves Nevada Pre-Notices for bond claims for a fee of $50.00.  A claimant with no direct contractual relationship with the prime contractor must serve on the prime contractor, within 30 days of first supplying materials or labor, a written notice. Failure to do so at the outset will limit bond rights to the 30 days prior to notice being given. Claimants with direct contracts with the prime contractor are not required to give the 30 day notice, but must give written notice within 90 days from the last date of work setting forth the amount claimed.