Nevada Mechanics Lien Form

The State of Nevada requires that the Release of Lien form substantially comply with the wording proscribed within NRS 108.2457(5), which states: "The waiver and release given by any lien claimant is unenforceable unless it is in the following forms in the following circumstances" and then it goes on to describe the form for each circumstance. Since the Project is completed, you should be providing a lien release that says it is a "Conditional Waiver and Release Upon Final Payment" and said release should be conditioned on your receipt of the money. If the New Jersey Release says that it is an "unconditional release upon final payment," I would not sign it. Because I am not familiar with the New Jersey releases, I would suggest you find a construction attorney and meet with them to make sure the New Jersey Form is not going to cause you any problems. Good Luck.

If I were you, I would go get the materials from the contractor and then I would discuss your options with a construction attorney, so that the attorney can evaluate your situation and give you specific advice.

I am not sure what you mean by "filed a pre-lien." According to Nevada law, you have to provide notice of right to lien within 30-days of first providing labor and/or materials on the project. You then have to record a Notice of Lien within 90-days of the project being completed. Finally, if you record a Notice of Lien, you have 6 months to file a lawsuit to perfect the Notice of Lien, or the Notice of Lien becomes unenforceable under Nevada law. If the Notice of Lien was recorded in January of 2020, you cannot enforce it at this time. However, you still have the right to sue the party with whom you contracted under a breach of contract theory. You should meet with a Nevada Construction attorney and discuss your situation, to determine the best way to pursue this matter and to make sure you fully understand Nevada's lien laws. I wish you the best of luck.....