We file Notices of Right to Lien all the times to businesses, but is it allowed by Nevada Law to file same to a private residence owner?
Jun 8, 2020
Yes, Nevada mechanics lien rights are available against residential projects as well as commercial ones. The Notice of Right to Lien (preliminary notice) is required to be sent by anyone who didn't contract directly with the owner on all private projects (commercial & residential). This should be sent by certified mail, return receipt requested, within the first 31 days of furnishing labor or materials to the project. These notices can be sent later than 31 days, but will only cover labor or materials furnished in the 31 days prior to the notice.
The Nevada mechanics lien process for residential projects is essentially the same, with one notable difference; the Notice of Intent to Lien requirement.
Under N.R.S. §108.226(6): "...if a work of improvement involves the construction, alteration, or repair of multi-family or single-family residences, including, without limitation, apartment houses, a lien claimant, except laborers, must serve a 15-day notice of intent to lien... upon both the owner and the reputed contractor before recording a notice of lien..."
To sum this up, when working on a residential project, all claimants (except laborers) must send a Notice of Intent to Lien to the property owner and the general contractor. This should be sent by certified mail with return receipt requested, at least 15 days before filing your claim. Not only is this absolutely required before filing a lien against a residential property, but it will also extend the deadline to file your claim by an additional 15 days. That way the owner has ample time to work out the dispute before the claim is filed. You can download a free, Nevada Notice of Intent to Lien form template here.
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