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Do we need to file a lien release after receiving payment on a Nevada construction project?

NevadaLien ReleasesLien WaiversMechanics Lien
Anonymous Sub-Subcontractor

Our company works as a sub-subcontractor providing construction labor. We filed a Mechanic's Lien via Levelset to the County Courthouse. We have been contacted by the responsible party, alluding that we will be getting paid. Once we get paid, do we need to file any paperwork with the County Courthouse to release the lien or if the responsible party submits an unconditional waiver/release of lien is that sufficient? Thank you!

2 replies

Levelset Admin at Levelset
| 335 reviews
Jun 2, 2020
Yes, a lien release will need to be filed after the debt underlying the lien claim has been satisfied. A waiver and release will not suffice as they waive the right to file a lien, while a lien release is required to remove the claim from public record. The Nevada lien release requirements can be found in NRS §108.2437. Under this statute, once payment has been made, the release should be filed within 10 days. Failure to do so could make the claimant liable in a civil action for any damages caused by the failure to release the claim or $100; whichever is greater. The claimant may also be liable for any court costs or attorney's fees involved in the civil action to have the claim removed.
NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
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Managing Attorney at May Brock Law Group
| 30 reviews
Feb 5, 2021
If you have recorded a "Notice of Lien" against the Property at the Clark County Recorder's office, then you are required to record a document stating that the lien has been satisfied and released after you receive payment. Otherwise, the lien will remain on the property and it will case the property to remain encumbered.
Please understand that any response to a request for information will be done based on the attorney's general understanding of the limited facts presented,
and that the recipient must understand that said advice may not pertain to the recipient's specific facts and/or circumstances. Thus, our firm recoSee More...
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