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Can we lien a project if we are not paid yet?

We're a subcontractor for Fire Alarm and we filed a Pre-lien on below project last 01/09/2020 but were just informed that the building was already sold. Notice of Pre-lien was sent by the levelset before the property was sold. Project: Oakmont of West Las Vegas Address: 3250 Fort Apache Road Las Vegas, NV 89117 Client/GC: Showcase Contracting LLC

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Jul 31, 2021

I am not sure what you mean by "filed a pre-lien." According to Nevada law, you have to provide notice of right to lien within 30-days of first providing labor and/or materials on the project. You then have to record a Notice of Lien within 90-days of the project being completed. Finally, if you record a Notice of Lien, you have 6 months to file a lawsuit to perfect the Notice of Lien, or the Notice of Lien becomes unenforceable under Nevada law. If the Notice of Lien was recorded in January of 2020, you cannot enforce it at this time. However, you still have the right to sue the party with whom you contracted under a breach of contract theory. You should meet with a Nevada Construction attorney and discuss your situation, to determine the best way to pursue this matter and to make sure you fully understand Nevada's lien laws. I wish you the best of luck.....

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Aug 3, 2021

Hi Tony, we file a pre-lien before the job started. Then work stopped 30 days ago so we want to record notice to file lien.

Kindly advise what is the second step we should do

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Aug 3, 2021

If you served the owner and General contractor with a Notice of Right to Lien when you started the project then the next step depends on whether the project is residential or commercial. For Residential, you need to mail, via certified mail, or serve the owner with a 15-day Notice of Intent to Lien, then wait until the 15-days are up and record the Notice of Lien against the property. If the property is commercial, then you do not have to provide the 15-day Notice to the owner and you can directly record the Notice of Lien. The general rule for recording a lien is that it has to be done within 90-days of the project being completed. However, there is a way the owner can cut-off the time period to 40-days, so you want to be careful and make sure you get the lien recorded as soon as you believe the owner/general contractor is not going to pay you.

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Aug 3, 2021

Thank you Tony, do you know how much is the cost of filing notice of lien?

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Aug 3, 2021

I am not sure how much Levelset charges to prepare the Notice of Lien for filing, but our office would charge around $250 to prepare and record the Notice of Lien. This is provided all information needed is given to our office in a timely manner.

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Aug 3, 2021

Ok thanks tony

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