Prime or direct contractors aren't required to send the 31-day Notice of Right to Lien in order to maintain Nevada mechanics lien rights. However, a 15-day Notice of Intent to Lien will still be required to be sent before filing the claim if it is a residential project. This should be sent to the owner by certified mail with return receipt requested at least 15 days before filing a lien.
Also, although the Notice of Right to Lien isn't required by direct contractors, NRS §108.246 does require that a prime contractor provide a "lien information notice" (Notice to Owner/Subcontractor) to the property owner and the subs; unless that language is contained in the contract. The required language is as follows:
The provisions of NRS 108.245, a part of the mechanics’ and materialmen’s lien law of the State of Nevada, require, for your information and protection from hidden liens, that each person or other legal entity who supplies materials to or performs work on a construction project, other than one who performs only labor, deliver to the owner a notice of the materials and equipment supplied or the work performed. You may receive these notices in connection with the construction project which you propose to undertake.
Failure to provide this notice will not extinguish the right to file a mechanics lien, but they can be assessed fines by the State Contractors Board if not.
For more information, see:
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. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...
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