Many times I do not know who the General Contract is. Does not having the GC listed on the Preliminary Notice make the Notice invalid?
Nov 15, 2018
This is a great question. In order to remain fully protected, Nevada requires all potential lien claimants who did not contract directly with the property owner to provide a preliminary "Notice of Right to Lien" within 31 days of first furnishing labor or materials to the project. That notice has specific requirements for content, form, and delivery.
Nevada statute § 108.245 specifies that, in addition to providing the notice to the property owner, "A subcontractor or equipment or material supplier who gives such a notice must also deliver in person or send by certified mail a copy of the notice to the prime contractor" but states that this copy to the GC is "for information only." This statute goes on to state that:
"The failure by a subcontractor to deliver the notice to the prime contractor is a ground for disciplinary proceedings against the subcontractor under chapter 624 of NRS but does not invalidate the notice to the owner." (emphasis added)
Accordingly, while the Notice of Right to Lien is supposed to be delivered to the GC, and it can result in disciplinary action and penalties if it's not, the failure to do so does not, by itself, disable a subcontractor from filing an otherwise valid lien.