Mechanics liens

Nevada mechanics lien law and deadlines

Nevada lien claimants record a notice of lien with the county recorder within 90 days after completion or their last work, serve the owner within 30 days, and must sue within 6 months.

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In Nevada, a mechanics lien is perfected by recording a notice of lien with the county recorder within 90 days after the latest of project completion, your last delivery, or your last work (NRS 108.226). If the owner records a valid notice of completion, the window drops to 40 days after that recording. You then serve the owner within 30 days and file suit within 6 months. Before any of that, most subs and suppliers must have sent a notice of right to lien, and residential claimants need a 15-day notice of intent too.

Nevada mechanics lien deadlines at a glance (NRS 108.221 to 108.246)
StepWhoDeadline
Notice of right to lienSubs and suppliers not in contract with the owner (not laborers)Any time after first delivery or work; covers the 31 days before the notice and everything after (NRS 108.245)
15-day notice of intent to lienResidential jobs, all claimants except laborersServed on owner and reputed prime before recording; extends the recording deadline by 15 days (NRS 108.226(6))
Record notice of lienAll claimantsWithin 90 days after the latest of completion, last delivery, or last work; or 40 days after a valid notice of completion is recorded
Serve ownerAll claimantsWithin 30 days after recording (NRS 108.227)
Enforcement suitAll claimantsWithin 6 months after recording, extendable by recorded written agreement to no more than 1 year (NRS 108.233)

Who is a lien claimant in Nevada

NRS 108.2214 defines a lien claimant as anyone who provides work, material, or equipment worth $500 or more for an improvement. The list includes contractors, subcontractors, materialmen, laborers, equipment lessors, and anyone performing services as an architect, engineer, land surveyor, or geologist. There is a licensing catch in NRS 108.222: if Nevada law requires a license for the work, the contractor or professional only has a lien if it holds that license. Check the Nevada contractor license requirements before bidding.

The notice of right to lien

Nevada's preliminary notice is the notice of right to lien. Every claimant except labor-only claimants, prime contractors, and those who sell directly to the owner must deliver it to the owner in person or by certified mail, in substantially the form set out in NRS 108.245. Subs and suppliers also send a copy to the prime contractor for information. Without it, no lien for materials, equipment, or services (other than labor) can be perfected.

There is no hard deadline to send it, but there is a lookback limit. The lien covers only what you furnished in the 31 days before the notice and anything after. Say an HVAC sub sends its notice 60 days into a $250,000 job. Equipment delivered in the first month falls outside the lien. Send it with the first delivery and the problem never comes up.

Residential jobs: the 15-day notice of intent to lien

On construction, alteration, or repair of single-family or multifamily residences, including apartment houses, every claimant except laborers must serve a 15-day notice of intent to lien on both the owner and the reputed prime contractor before recording. It must contain substantially the same information as the notice of lien and be served by personal delivery or certified mail. Serving it extends the recording deadline by 15 days. Nonresidential projects are exempt.

Recording, serving and enforcing the lien

The notice of lien follows the statutory form in NRS 108.226: original contract amount, changed work, payments received, the lien amount after credits, the owner, who hired you, payment terms, and a property description. It must be verified under oath but does not need to be acknowledged. Knowingly making a false statement in it is a gross misdemeanor with a fine of $5,000 to $10,000. Within 30 days after recording, serve the owner personally, by certified mail with return receipt, or by posting and mailing if the owner cannot be found. Subs also deliver a copy to the prime contractor.

The lien binds the property for only 6 months after recording unless suit is filed. A written extension signed by the owner and recorded within those 6 months can push it out, but never more than 1 year beyond the recording date.

Nevada's statutory lien waiver forms

Nevada is strict here. Under NRS 108.2457, any contract term that waives or impairs lien rights is void, and a lien waiver is enforceable only if it uses one of four statutory forms:

  • Conditional Waiver and Release Upon Progress Payment, for a progress billing not yet paid.
  • Unconditional Waiver and Release Upon Progress Payment, for a progress billing that has been paid.
  • Conditional Waiver and Release Upon Final Payment, for a final billing not yet paid.
  • Unconditional Waiver and Release Upon Final Payment, for a final billing that has been paid.

A conditional waiver is effective only once you receive the payment it names. Joint checks count as payment only up to the smallest of the check amount, the amount intended for you, or your balance owed. Do not sign an unconditional form until the funds clear.

Public works: payment bonds under NRS 339

Public property is protected by bonds instead of liens. NRS 339.025 requires contractors on public work contracts over $100,000 (other than those under NRS chapter 408) to furnish a performance bond and a payment bond, each at least 50 percent of the contract amount. The payment bond protects anyone supplying labor or materials to the prime or its subs.

Nevada's dates are short and the waiver forms are mandatory, which makes manual tracking risky. Smart Business Automator keeps invoices, notices, and waivers tied to each job through construction accounts receivable automation. Also see Nevada prompt payment rules.

Frequently asked questions

How long do I have to record a mechanics lien in Nevada?

Within 90 days after the latest of completion of the project, your last delivery, or your last work. If the owner records and serves a valid notice of completion, you have 40 days after it is recorded. A residential 15-day notice of intent extends the deadline by 15 days.

Does Nevada require a preliminary notice?

Yes, for most subs and suppliers. The notice of right to lien goes to the owner by hand or certified mail, and the lien covers only what was furnished in the 31 days before it was given and afterward. Prime contractors, laborers, and those selling directly to the owner are exempt.

How long does a Nevada mechanics lien last?

Six months after recording unless you file suit. A recorded written extension can lengthen it, but never beyond 1 year from recording.

Does Nevada have statutory lien waiver forms?

Yes. NRS 108.2457 sets four forms: conditional and unconditional waivers for progress billings and for final billings. Waivers in any other form are unenforceable.

Is there a minimum amount for a Nevada lien?

A lien claimant is defined as someone who provides work, material, or equipment worth $500 or more.

Sources

  1. NRS 108.2214: Lien claimant defined (statute text via Public.Law)
  2. NRS 108.222: Lien on property (statute text via Public.Law)
  3. NRS 108.226: Time for recording notice of lien (statute text via Public.Law)
  4. NRS 108.227: Service of notice of lien (statute text via Public.Law)
  5. NRS 108.233: Duration of lien (statute text via Public.Law)
  6. NRS 108.245: Notice of right to lien (statute text via Public.Law)
  7. NRS 108.2457: Waiver and release forms (statute text via Public.Law)
  8. NRS 339.025: Bonds on public works contracts (statute text via Public.Law)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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