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In Nevada can we file a lien if we haven’t done the prelim

NevadaPreliminary Notice

The system says the time is expired for the prelim

3 replies

Oct 28, 2020

Depending on a participant's role in the project, there could be potentially two "preliminary" notices required in order to retain the ability to file a mechanics lien - a 31-day preliminary notice of right to lien, and a notice of intent to lien.

The notice of right to lien may be sent at any time prior to the recording of the lien, even if the 31-day deadline has passed. However, the notice is only effective as to work performed or materials furnished within 31 days from the service of the notice. This means that if the notice is served later than 31 days from first furnishing labor or materials, the work done prior to 31 days before service is not protected by the mechanics lien.

The notice of intent to lien may not be sent late - but since the notice of intent to lien extends the time period for recording the lien by 15 days, approaching the lien filing deadline should not bar sending the notice such that the lien may still be protected.

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Oct 28, 2020

Anyone who didn't contract directly with the property owner in Nevada is required to send a Notice of Right to Lien within 31 days of first furnishing labor and/or materials to the project for full protection under Nevada's lien laws.

Late notice in Nevada will still operate to preserve lien rights. However, your rights will be limited to the value of labor/materials furnished in the 31 days prior to service of the notice, and everything thereafter. 

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Oct 29, 2020
There is a possibility that you can file a lien if you did not provide the pre-lien notice. However, you would have to somehow show that the Owner knew that your company provided the materials. There are cases that allow a lien based on this option. However, this may be hard for a supplier to prove that the owner knew of the supplier’s existence. If you provide additional materials, you can do a pre-lien notice for the additional materials. Also, your Pre-lien Notice can go back 30 days from the date it is received by the owner. In addition, you have other options that you can pursue to get paid like filing a claim with the NSCB, so feel free to give my office a call and schedule a consultation and we can discuss your options, based on your specific facts.


Tony M. May, Esq.


MAY BROCK LAW GROUP
1850 E. Sahara Ave., Suite 206, Las Vegas, Nevada 89104
Telephone: (702) 388-0404 Cellular: (702) 378-4514
Facsimile: (702) 830-5699 | Email: tmay@maybrocklaw.com
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