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Mechanic's Lien

NevadaLien Deadlines

On a residential project in Nevada, we have 90 days from the last day labor was provided to file a Notice of Lien, correct? However, I'm also seeing if we file a Notice of Intent to Lien, that extends our deadline by 15 days to file the lien. If our last day worked was 7/2/19, 90 days from then would be 9/30/19. We filed a Notice of Intent to Lien, so does that mean our deadline is extended 15 days from 9/30/19 to 10/15/19?

3 replies

Sep 16, 2019
As you've said, the deadline to file a Nevada mechanics lien is: "Within 90 days after the date on which the latest of the following occurs: (1) The completion of the work of improvement; (2) The last delivery of material or furnishing of equipment by the lien claimant for the work of improvement; or (3) The last performance of work by the lien claimant for the work of improvement;" However, also as you've mentioned, the deadline is altered on projects that involve the construction, alteration, or repair or residential property. On such projects, a notice of intent to lien is required to be served at least 15 days prior to recording the lien itself, but service of the notice of intent "will extend the time for recording the notice of lien described in subsection 1 by 15 days." This means that on a residential project, the deadline to file the notice of lien itself is 105 days, as long as a notice of intent to lien is properly served within 90 days. Note that the time period runs from the later of the claimant's last furnishing, or the completion of the work of improvement as a whole. Additionally, it is important to note that the deadline may be shortened if a notice of completion is filed. If a notice of completion is filed, the deadline is shortened to 40 days from the date on which the notice of completion was filed.
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Sep 16, 2019
I submitted the original question, but have since been told that the project is a commercial project in Nevada, not a residential project.  Does that affect / change the original answer?
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Sep 16, 2019
For commercial projects the notice of intent to lien is not required, and accordingly, the lien deadline is not extended to account for the notice of intent. This means that on commercial projects the deadline is 90 days from the later of the claimant's last furnishing or the completion of the project as a whole. In Nevada, residential projects for which a notice of intent is required include: "multifamily or single-family residences, including, without limitation, apartment houses . . ." For all other private projects, a notice of intent is not required and the deadline to file the lien is 90 days. The ability to shorten the lien deadline through filing a notice of completion does not change, however. For a commercial project, if a notice of completion is filed, the lien deadline is shortened to 40 days from the date on which the notice of completion was filed.
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