Home>Levelset Community>Legal Help>Our last day worked on a Nevada residential project was 9/11/17. We sent the Preliminary Notice in a timely manner. However, we did not send our Notice of Intent to Lien until 11/29/17. The deadline to file a lien is 12/8/17. That does not give our client the required 15 days to pay. I read that "Service of the 15-day notice extens the time period for recording the lien by 15 days". Does that mean the original lien deadline of 12/8/17 is extened to 15 days after we sent the Notice of Intent to Lien? i.e. 12/14/17?
Our last day worked on a Nevada residential project was 9/11/17. We sent the Preliminary Notice in a timely manner. However, we did not send our Notice of Intent to Lien until 11/29/17. The deadline to file a lien is 12/8/17. That does not give our client the required 15 days to pay. I read that "Service of the 15-day notice extens the time period for recording the lien by 15 days". Does that mean the original lien deadline of 12/8/17 is extened to 15 days after we sent the Notice of Intent to Lien? i.e. 12/14/17?
There are a couple things to consider here. But, a quick answer is yes, the lien deadline is extended: N.R.S.T. § 108.226(6) states in part that: "Service of the notice of intent to lien must be by personal delivery or certified mail and will extend the time for recording the notice of lien described in subsection 1 by 15 days." Accordingly, if the notice of intent to lien is appropriately delivered prior to the original lien deadline, the lien may be validly filed 15 days after the delivery of the notice of intent (up to 15 days from the expiration of the original lien deadline).
Additionally, the deadline to file a Nevada mechanics lien is the latest of: 1) 90 days after the claimant's last furnishing of labor or materials; 2) 90 days after the completion of the entire project; 3) 40 days after the recording of a valid notice of completion, if the notice of completion is recorded and served in the manner required pursuant to NRS 108.228. So, it may be that the "original" deadline is actually later than 12/8/17.