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Can i still file a lien

NevadaLien DeadlinesRecovery OptionsRight to Lien

I did mittigation on a hoi claim...my last day was june 1, 2019...the total project was done by june 9, 2019. In las vegas, nv. Is their anything i can do at this point...i think my 90 days are up...i wondering if their is anything i can do and if i file a lien can i win?

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Oct 18, 2019
Nevada mechanics liens must be filed within 90 days (about 3 months) of the last furnishing or completion of the project, whichever comes later. And, once this timeframe passes, a valid and enforceable mechanics lien can no longer be filed. Of course, a mechanics lien is just one tool available to construction businesses that go unpaid for their work. And, there are typically other options available. Levelset has written about some of those here: Can’t File a Lien? Here Are Some Other Options For Recovery. Let's look at a few potential options below. Invoice reminders and demand letters For one, a less formal process like simply sending invoice reminders or demand letters may help. Sometimes, payment issues are simple clerical problems that can be quickly fixed. Or, even if the payment issue is an actual dispute, a demand letter might work to move the payment discussion in the right direction. Contractual and statutory remedies which may be available Just because a mechanics lien may not be available doesn't mean Legal tools can't be used. For one, if payment wasn't made, as required, then there's a fair chance that a breach of contract has occurred. Further, Nevada's prompt payment laws require that payments be made in a timely fashion. And, when payments aren't being made, then there's also a chance that the customer has run afoul of what's required under the state's prompt payment laws. More on those here: Nevada Prompt Payment Guide and FAQs. Of course, these are only two of many potential legal remedies that may be available - so consulting with a local construction attorney could help to clarify what options may be available and might be the most succesful. And, note that merely threatening to take legal action can be enough to force payment. With the above in mind, recall that depending on the amount of the dispute at hand, filing a claim in Nevada Small Claims Court could be an option for keeping the cost and time of a dispute to a minimum. Hope this has been helpful!
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