our attorney placed the case with LevelSet for preliminary notice associated with huge project in Nevada. in California, an amount is normally entered on the paperwork and sent to customer, is this the case in Nevada? please advise
1 reply
Apr 7, 2020
There are potentially three different Nevada preliminary notices required to secure mechanics lien rights that you may be referring to. These are a Notice of Right to Lien, a Notice of Intent to Lien, and a Notice to Owner. Whether the contract or claim amount is required depends on the type of notice Let's break down the requirements of each.
NV Notice of Right to Lien
This Notice of Right to Lien must be sent by anyone (besides those who just provide labor) that doesn't have a direct contract with the property owner. This should be sent within 31 days of first providing labor or materials to the project. This notice may be sent late, but it will only secure lien rights for the 31 days prior to receipt of the notice. The requirements can be found under N.R.S. §108.245; which states that the notice should be in substantially the same form and requires that the notice contain:
The owner's name and address;
A description of the materials, equipment, work, or services;
A property description or street address;
The hiring party's information; &
The claimant's information.
NV Notice of Intent to Lien
A Notice of Intent to Lien is only required to be sent by all lien claimants (except just laborers) on residential projects at least 15 days before filing a mechanics lien. The requirements for this notice are found under N.R.S. §108.226(5). This notice must contain:
The Assessor's Parcel Numbers;
The amount of the original contract;
The amount of all additional or changed work, materials, and equipment;
Total amount of payments received to date;
Amount of the lien after deducting credits & offsets;
Name of the property owner;
Hiring party's information;
Statement of the terms of payment; &
A description of the property.
NV Notice to Owner
The last type of notice is referred to as a Notice to Owner/subcontractor governed by NRS §108.246. This notice is typically provided by a prime contractor before executing the contract or incorporated into the contract terms. This should simply contain the owner's name and address, and the required statement of notice.
For more information, these articles may be helpful: