Home>Levelset Community>Legal Help>Can you verify that if, in the state of Nevada, a Preliminary Notice must be sent out, no later than 31 days after the first shipment of material in order to preserve the right to file a mechanic’s lien on the property? We had reached out to a another “company” and they informed us that there is a “loop hole” - if you send the notice out, even late, it allows you to file a mechanic’s lien – but re-sets the original date. In other words – if the Preliminary notice is 30 days late – you can only go back 30 days for the cost of the material (not back to the original first shipment date).
Can you verify that if, in the state of Nevada, a Preliminary Notice must be sent out, no later than 31 days after the first shipment of material in order to preserve the right to file a mechanic’s lien on the property? We had reached out to a another “company” and they informed us that there is a “loop hole” - if you send the notice out, even late, it allows you to file a mechanic’s lien – but re-sets the original date. In other words – if the Preliminary notice is 30 days late – you can only go back 30 days for the cost of the material (not back to the original first shipment date).
feel like we're getting unclear messaging from our local construction org and zlien resources
1 reply
Mar 8, 2018
Preliminary notice in Nevada, called the Notice of Right to Lien, should be filed within 31 days of a party's first furnishing of materials or equipment to the job site. However, late notice will still be effective to some degree. Section108.245(6) of the Nevada mechanics lien statute states that such a notice protects: "...for work or services performed in the 31 days before the date the notice of right to lien is given..." through the end of the project. So late notice may not protect all work if given beyond 31 days from the start of the project, but it will protect work performed in the 31 days prior. As a more general matter, treating the 31 day deadline as a hard deadline is likely the safest way to approach the Notice of Right to Lien as it will provide the most protection when sent by that date.