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Home>Levelset Community>Legal Help>If my project was on a casino property by a leased tenant do I file the lien to the property owner..?

If my project was on a casino property by a leased tenant do I file the lien to the property owner..?

NevadaRight to Lien

Consulted with a new nightclub at the Rio casino Las Vegas and myself and all of my subcontractors have not been paid. Final invoice was delivered oct 27.

1 reply

Nov 16, 2018
That's a good question. First, it's important to be sure that lien rights are an available option for the work that was performed. As a general matter, those who provide construction labor and materials to a work of improvement are entitled to mechanics lien rights. If labor and materials does not result in a permanent improvement to the property, then mechanics lien rights might not be available. Further, most typically, mechanics lien rights are available to general contractors, subcontractors, and suppliers who perform construction work or provide construction material - consulting often does not fall within the purview of mechanics lien rights. While Nevada is rather inclusive in granting lien rights, whether or not a consultant will have the right to lien will depend on the precise work performed. If a consultant didn't operate as an architect, contractor or construction manager, or did not otherwise have control over the improvement to the property, then lien rights may not be present. Regarding the issue of leased property, it's possible that work performed for a tenant could give rise to lien rights against the owner in Nevada. Specifically, under NRS § 108.234(1), improvements to the property are generally considered to have been performed at the instance of the owner. However, as set out by § 108.234(2), if the owner is disinterested in the improvement to the property and served Notice of Nonresponsibility regarding the improvement, the owner's interest in the property cannot be liened. Granted, there are a number of requirements that must be met in order for a Notice of Nonresponsibility to be effective - and many of them are hard to fulfill. If the requirements are not strictly adhered to, a filed Notice of Nonresponsibility could be ineffective to block potential lien claims. Finally, regarding timeframes, a Nevada mechanics lien may be filed within 90 days of the later of the following times: (1) the completion of the work; or (2) the last furnishing of labor or materials by the lien claimant. Note, though, that this timeframe may be shortened if a Notice of Completion is filed on the project (shortening the deadline to file a lien to only 40 days from the filing of that notice). Lastly, before a mechanics lien may be filed, there are some notice requirements a claimant may need to abide by. You can learn more about those requirements at the zlien Nevada Lien and Notice FAQs.
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