We provided landscaping services for a customer that did not pay. Can we file a lien on property
1 reply
Mar 12, 2020
In Nevada, those who provide labor or materials to an "improvement" will generally be entitled to mechanics lien rights. And, the term "improvement" is defined at NRS § 108.22128(3) to include "a system for irrigation, plants, sod or other landscaping." So, it seems as though those who provide landscaping services are entitled to lien rights in Nevada.
Importantly: Keep in mind that mechanics lien rights are generally only available for those who provide a permanent improvement to the project property. So, in order for landscaping work to give rise to lien rights, the work should generally provide some substantial, permanent improvement to the land. And, work that's more like regular maintenance - like mowing the lawn - might not be lienable.
If it sounds like lien rights might be appropriate for your situation, these articles should provide a lot of insight on how to pursue a lien: (1) Nevada Mechanics Lien Guide and FAQs; and (2) How to File a Nevada Mechanics Lien – A Step by Step Guide to Get You Paid.
Other recovery options can force payment before pursuing a mechanics lien
Mechanics liens are really the nuclear option for recovering payment. And, less-adversarial options might help to force payment before a lien claim even becomes necessary.
Invoice reminders
Sometimes, all it takes is a simple invoice reminder to get paid. Invoice reminders act as a little nudge in the right direction, and it will prod a customer to do the right thing and pay what's owed.
Demand letters
Escalating things can force a customer's hand, too. Sending a payment demand letter will let a customer know you're serious about getting paid and willing to do whatever it takes to make sure that happens. Generally, that demand will include legal threats and a deadline for making payment.
Notice of Intent to Lien
Mechanics liens are an incredibly powerful tool, and that makes the threat of lien powerful too. So, sending a Notice of Intent to Lien will be a threat that an owner and customer can't ignore. And, if you're working on a residential project, it's actually a required part of the lien process. So, that means (1) you'll need to send one anyway to preserve the right to lien (and that must be sent at least 15 days before the lien is filed), and (2) the Notice of Intent to Lien will command attention.