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How would I completely remove a mechanics lien from my property

I had work done on my home but the work was sub par compared to what it was supposed to be done on their parts. I asked them to fix/repair the damages they did on my home and they refused to do so, then completing the whole process for a mechanics lien. I have no problem paying the amount on the lien I just want the work finished right. How would I fight this in Nevada. Is a written contract required under Nevada law?

1 reply

Aug 12, 2019

Generally, Nevada doesn't require a written contract in order for work to be subject to mechanics lien rights. In fact, Nevada mechanics lien law statutes specifically state that: "'Contract' means a written or oral agreement, including all attachments and amendments thereto, for the provision of work, materials or equipment for a work of improvement." So there is no specific requirement that a contract be in writing in order to qualify for mechanics liens, in fact, oral contracts are specifically allowed. However, there are certain disclosures that must be made by GCs on both general construction and residential construction projects. While failure to provide the disclosures may not necessarily have an impact on mechanics lien rights, they can complicate the issue, and even potentially subject the contractor to penalties from the contractor's licensing board. However, if there is no dispute over the amount claimed in the mechanics lien - and the issue is just the removal of the lien and completion of the work by a different contractor - the resolution should be simple. Nevada law holds that: "As soon as practicable, but not later than 10 days after a notice of lien upon the property . . . is fully satisfied . . ., the lien claimant shall cause to be recorded a discharge or release of the notice of lien." If the claimant fails to comply with that requirement, the claimant is liable to the property owner for the greater of actual damages caused by the failure to release the lien timely or $100; and for attorneys' fees and costs in an action to remove the lien.

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