How long after finishing a job

2 weeks ago

on a commercial job, how long after your last day on the job can you send out a prelien? Thanks

Legal Associate Levelset

In the state of Nevada, there are two preliminary notices that must be sent prior to filing a mechanics lien. I’m unsure which one you are referring to as a “prelien” so I’ll briefly discuss the deadlines for both.

Nevada Notice of Right to Lien Deadline

First and foremost, all subcontractors and suppliers on a commercial project are required to send a Nevada Notice of Right to Lien within 31 days of first furnishing labor or materials to the project. This should be sent to both the property owner and the general contractor. General contractors are only required to send a Notice of Intent to Lien (as discussed below). This notice can either be personally served or sent by certified mail with return receipt requested. We always recommend the certified mail route, as this provides documented proof that the owner actually received notice.

Note, that if the deadline is missed, the ability to file a mechanics lien isn’t lost, but it will affect the amount recoverable. If served later, the lien will only cover labor and materials pr0vided in the preceding 31 days from when the notice is sent by certified mail.

Nevada Notice of Intent to Lien Deadline

The second required notice in Nevada is known as a Notice of Intent to Lien. This notice must be sent to the owner and general contractor at least 15 days before filing the mechanics lien claim. Again, the mode of service is ths same, but it should be sent by certified mail with return receipt requested. Once the notice is sent, the claimant must allow the owner 15 days to attempt to resolve the payment dispute before the claimant is allowed to file a mechanics lien against the property.

If you have any further questions, you may find these two articles helpful: (1) Nevada Preliminary Notice Guide- All You Need to Know, & (2) How to File a Nevada Mechanics Lien: A Step-by-Step Guide to Get You Paid.

Or feel free to post another question here. Good luck!

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