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Can I file mechanics lien?

NevadaMechanics Lien
Anonymous Contractor

I was a project manager on a large 18 month build of an apartment complex for a General Contractor. One day about two weeks prior to Project completion, one of the owners showed up and said he didn’t want to pay anyone anymore and told everyone to leave. I have a signed contract with them stating that I own 5% of the project and I am entitled to either 5% of the difference in cost to build and appraisal or a $30k payout. I have selected in writing to the owners that I have chosen the pay out. The one partner said he has his half and is ready to pay me whenever my issues are solved with the other owner. The problem owner doesn’t want to pay me anything. Because I don’t fall under the category or Sub contractor, architect/engineer or material supplier, would I have had to file a pre lien to now file a mechanics lien?

1 reply

Managing Attorney at May Brock Law Group
| 30 reviews
Feb 5, 2021
If you had a contract directly with the owner, you are not required to provide a pre-lien notice. If you are a subcontractor, the law said that you have to give the notice. However, there is some case law that states if the owners knew you were there, the pre-lien notice requirement can be worked around. There are other requirements to determine if you are allowed to record a "Notice of Lien" against the property, so I would suggest you speak to an attorney and find out whether or not you can record a lien against the property.
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