I am a subcontractor to a company working for a GC at a State owned property in Nevada. Do I have lien rights? If so, what form do I use and who do i send them to?
Jun 1, 2018
That's a great question. First, I'll note that on state owned projects, the project property likely cannot be liened. Rather, a payment bond claim would likely be a more appropriate remedy. Because a private party cannot lay claim to public property (meaning, typically, a mechanics lien claim cannot be made on public property), every state has passed what's called a "Little Miller Act". This act provides the method for recovering on payment claims for public projects. Rather than filing a claim with the recorders office, payment bond claims in Nevada are merely sent to the general contractor (though, on highway projects, bond claims must also be sent to the Department of Transportation). Granted, it's always advisable to also send bond claims to the surety who is providing the payment bond. The requirements for this form are a little vague. Under NRS 339.045(2)(b), "Each written notice shall state with substantial accuracy the amount claimed and the name of the person for whom the work was performed or the material supplied, and shall be served by being sent by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place in which he maintains an office or conducts business, or at his residence." Unfortunately, we don't currently have this form available for download. However, they are available through the zlien document navigator or likely through a Nevada construction attorney. Finally, it's worth noting that preliminary notice may have been required - on all public projects except highway construction preliminary notice is required for all parties without a direct contract with the general contractor who supplied the bond. Preliminary notice is not required from any party on a highway construction project. Without sending that notice, a Nevada claimant may lose their right to make a claim on the project's payment bond.