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Can a Mechanic's lien be filed if the contractor is unlicensed?

NevadaCollectionsMechanics LienMaterials

As a supplier, can we file a mechanic's lien in Nevada if the person we sold to is not the property owner, and is not a licensed contractor if the material in not paid for?

4 replies

Oct 6, 2022

Nevada has rules prohibiting unlicensed contractors from filing a lien claim (at N.R.S. 108.222). However, the Nevada lien statute does not appear to limit lien rights for suppliers who supply materials to unlicensed contractors, and that would align with most states' stances on the matter. Typically, loss of the right to lien applies only the party who failed to obtain the proper licensure.

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Oct 7, 2022

Agree with the above. That said, I have seen the argument that if the supplier had actual knowledge that the contractor was unlicensed, that the supplier should be denied lien rights for facilitating the unlicensed contractor.  

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Oct 9, 2022
The key question for you the supplier is did you follow the Nevada notice provisions in order to perfect your lien. If you provided the initial notice within 30 days of supplying material and then you did not get paid, then you should be able to go forward with your lien. However, there are ways for the owner to try to avoid paying you that could affect your lien rights. I would suggest you meet with a construction attorney and discuss your specific options, so you can see whether it would be a good idea to pursue this matter.
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Oct 10, 2022

looks good to check

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