Nevada
Nevada
Nevada
Nevada
Nevada
Nevada
A Notice of Intent to Lien (NOI) is a powerful tool to help contractors and suppliers get paid, even when the NOI is not specifically required. Many parties use demand (or dunning) letters in an attempt to initiate payment, and a Notice of Intent to Lien is like a demand letter powered by the strength of a potential mechanics lien.
Generally, a Notice of Intent is a form sent to the property owner (and sometimes other interested parties) to inform them of a payment dispute and the imminent filing of a lien if it is not satisfactorily resolved. Notice of Intent service and content requirements can be complex and often differ from state to state.
Nevada is one of only a handful of states have a Notice of Intent to Lien (NOI) requirement. A Nevada NOI is required by all claimants (except laborers) on residential projects in order to retain the ability to file a valid and enforceable mechanics lien.
The requirements are set forth under NRS §108.266, which specifically requires that an NOI be sent at least 15 days prior to the date the lien claim is filed. As far as what should be included in the NOI, its best practice to include the information that would be contained on the lien statement, or include a copy of the lien to be filed itself.
The process is important to get right, since lien rights are dependent on a sufficient NOI and its timely delivery. A Nevada construction participant can fill out, print, and send a Notice of Intent themselves, or, of course, they can make the Notice of Intent process really easy by just sending the document using an online platform.
This page provides frequently asked questions, forms, and other helpful information about the Nevada Notice of Intent to Lien.
On residential projects, meaning single/multi-family residences (including apartment buildings), all potential lien claimants must serve a Notice of Intent to Lien (NOI) prior to filing their claim. The only party that isn’t required to serve this notice is a laborer.
A Nevada NOI must be served at least 15 days before recording the claim. Once this notice is served, it will extend the timeframe for recording a lien claim by an additional 15 days.
• See: Does an intent to lien notice extend my lien rights in the State of Nevada?
A Nevada NOI must be served on both the property owner and the general contractor. Unless, of course, you are the general contractor, then the notice only needs to be served on the property owner.
A Nevada Notice of Intent to Lien should incorporate “substantially the same information required in a Notice of Lien,” which includes:
• Owner’s name (if known)
• Hiring party’s name
• Claimant’s name & address
• Brief statement of of the terms of payment of the claimant’s contract
• Description of the property “sufficient for identification.
• Assessor’s parcel number (at the top left corner of the first page)
• If the lien is on two or more properties with the same owner, the amount due on each project
• Original contract amount
• Total amount of additional/changed work
• Total payments received to date
• Lien amount (after deducting all credits & offsets)
• A statement that the claimant may file a Notice of Lien if unpaid
The Nevada NOI must be served either by personal delivery, or mailing the notice by certified mail, return receipt requested. Certified mail is considered the best option as it provides accurate proof of the date the notice was sent and received.
Since the Nevada Supreme Court held that actual receipt is required for a Notice of Right to Lien, it is safe to assume that actual receipt is required for an NOI as well.
• Learn more: Mailing Construction Notices- Is notice served when mailed or when received?
Failure to comply with the 15-day Notice of Intent to Lien requirements may be fatal to the lien claim. However, it is possible that the failure to serve the prime contractor would not result in the dissolution of the lien.
Also, keep in mind, service of the 15-day notice extends the time period for recording the lien by 15 days, so approaching the lien filing deadline should not bar the service of the required notice.
No, the NOI requirement in Nevada is specifically set forth in the mechanics lien laws, and solely applicable to private. residential projects on which a mechanics lien may be claimed. No NOI requirements exist for public projects on which the available protection would be a claim against the project payment bond in Nevada.
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Compliant with Nevada statutes and applicable for jobs in any Nevada county.
On residential projects in Nevada (including apartment buildings), a 15-day Notice of Intent to Lien must be sent by any party before filing a lien....
Nevada’s mechanic’s lien statutes can be found in Nevada Revised Statutes, §§108.221 et seq. The rules and requirements specifically related to the Notice of Intent process can be found at §108.226, which is reproduced below. Updated as of 2022.
1. To perfect a lien, 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 in the form provided in subsection 5:
(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.
2. The notice of lien must contain:
(a) A statement of the lienable amount after deducting all just credits and offsets.
(b) The name of the owner if known.
(c) The name of the person by whom the lien claimant was employed or to whom the lien claimant furnished the material or equipment.
(d) A brief statement of the terms of payment of the contract.
(e) A description of the property to be charged with the notice of lien sufficient for identification.
3. The notice of lien must be verified by the oath of the lien claimant or some other person. The notice of lien need not be acknowledged to be recorded.
4. It is unlawful for a person knowingly to make a false statement in or relating to the recording of a notice of lien pursuant to the provisions of this section. A person who violates this subsection is guilty of a gross misdemeanor and shall be punished by a fine of not less than $5,000 nor more than $10,000.
5. A notice of lien must be substantially in the following form:
Assessor’s Parcel Numbers
NOTICE OF LIEN
The undersigned claims a lien upon the property described in this notice for work, materials or equipment furnished or to be furnished for the improvement of the property:
1. The amount of the original contract is: $……………………………………………………
2. The total amount of all additional or changed work, materials and equipment, if any, is: $
3. The total amount of all payments received to date is: $……………………………..
4. The amount of the lien, after deducting all just credits and offsets, is: $……
5. The name of the owner, if known, of the property is: ………………………………..
6. The name of the person by whom the lien claimant was employed or to whom the lien claimant furnished or agreed to furnish work, materials or equipment is: ……………………………………………………………………….
7. A brief statement of the terms of payment of the lien claimant’s contract is:
…………………………………………………………………………………………………………………………
8. A description of the property to be charged with the lien is: …………………….
…………………………………………………….
(Print Name of Lien Claimant)
By:……………………………………………….
(Authorized Signature)
State of Nevada )
) ss.
County of …………………………….. )
……………………………. (print name), being first duly sworn on oath according to law, deposes and says:
I have read the foregoing Notice of Lien, know the contents thereof and state that the same is true of my own personal knowledge, except those matters stated upon information and belief, and, as to those matters, I believe them to be true.
…………………………………………………………………….
(Authorized Signature of Lien Claimant)
Subscribed and sworn to before me
this …… day of the month of …………… of the year …….
…………………………………………………………
Notary Public in and for the County and State
6. Except as otherwise provided in subsection 7, if a work of improvement involves the construction, alteration or repair of multifamily or single-family residences, including, without limitation, apartment houses, a lien claimant, except laborers, must serve a 15-day notice of intent to lien incorporating substantially the same information required in a notice of lien upon both the owner and the reputed prime contractor before recording a notice of lien. Service of the notice of intent to lien must be by personal delivery or certified mail and will extend the time for recording the notice of lien described in subsection 1 by 15 days. A notice of lien for materials or equipment furnished or to be furnished for work or services performed or to be performed, except labor, for a work of improvement involving the construction, alteration or repair of multifamily or single-family residences may not be perfected or enforced pursuant to NRS 108.221 to 108.246, inclusive, unless the 15-day notice of intent to lien has been given to the owner.
7. The provisions of subsection 6 do not apply to the construction of any nonresidential construction project.
