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What are my options to secure payment on my Nevada private job if the GC bonds the job?

I missed my deadlines to secure lien rights in NV on a commercial project. I was a sub hired by a GC. I've been going back and forth with the GC and he refuses to pay me for my change orders. Now he says he's going to bond the job. What does this mean and what are my options to secure payment at this point?

1 reply

Jan 8, 2018

A bond is comparable to an insurance policy - it exists, basically, as a sum of money that must remain available for a claimant. While a mechanics lien attaches to the property where work is performed, a bond claim attaches to the GC's bond. So, at the other end of the table lies a bond (sum of money) rather than the project property. If the deadline for securing lien rights has passed, a GC bonding a project should be good news - while the ability to file a mechanics lien may not be available, bringing a claim against the GC's payment bond may remain an available remedy. Where a bond has been filed before any lien claim is filed, pursuant to NRS § 108.2421(2)(b)(2), a claimant may bring an action against the bond within the latter of: (1) Nine months after the date that the lien claimant was served with notice of the recording of the surety bond; or (2) Nine months after the date of the completion of the work of improvement. This may be done by bringing an action against the principal and surety on the surety bond and in any court of competent jurisdiction that is located within the county where the project property was located.

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