Construction Liens in Nevada

From WFG Wiki
(Redirected from Construction Liens in NV)

Overview

Sources

Nev. Rev. Stat. §§ 108.221 et seq.

Authorized Claimants

Except as otherwise provided in subsection 2 (mandatory licensing requirement), a lien claimant has a lien upon the property, any improvements for which the work, materials and equipment were furnished or to be furnished…(N.R.S. 108.222(1)

Lien Priority

The liens provided for in this section are preferred to (a) Any lien, mortgage or other encumbrance which may have attached to the property after the commencement of construction of a work of improvement. (b)?Any lien, mortgage or other encumbrance of which the lien claimant had no notice and which was unrecorded against the property at the commencement of construction of a work of improvement….(N.R.S. 108.225(1))

Notices and Registries

Filing Deadlines

… a lien claimant must record a notice of lien in the office of the county recorder of the county where the property or some part thereof is located… (A)?Within 90 days after the date on which the latest of the following occurs: (1)?The completion of the work of improvement; (2)?The last delivery of material or furnishing of equipment by the lien claimant for the work of improvement; or (3)?The last performance of work by the lien claimant for the work of improvement; or (B)?Within 40 days after the recording of a valid notice of completion, if the notice of completion is recorded and served in the manner required pursuant to NRS 108.228…(NRS?108.226 (1) )

Enforcement Deadlines

A lien provided for in NRS 108.221 to 108.246, inclusive, must not bind the property subject to the lien for a period longer than 6 months after the date on which the notice of lien was recorded, unless: (a) Proceedings are commenced in a proper court within that time to enforce the same[.] NRS 108.233.1.

In addition, a lien may also be extended by a recorded agreement or by filing an extension for an additional six months. NRS 108.233.1(b). No lien may be extended for more than a year. NRS 108.233.2.

Other

Cross-References