What kind of lien should I file?

5 months ago

Im with an engineering consulting firm in Las Vegas, NV. We are looking to putting a lien on a client for not paying. Would I be filing a mechanic lien or is there another lien I should be looking into?

Senior Legal Associate Levelset
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Nevada engineers have mechanics lien rights, just as contractors, subcontractors, suppliers, etc. do. So, if there’s a serious payment dispute at hand and pursuing a mechanics lien has become necessary, then Nevada architects will generally be entitled to pursue those claims.

Of course, keep in mind that there are some notice requirements that may apply in order to preserve the right to claim.

Recovering payment before a mechanics lien becomes necessary

Of course, before pursuing a lien claim, there are some other steps that might be helpful.

For one, sending something as simple as an invoice reminder can lead to payment. An invoice reminder is just like it sounds – it reminds a customer that payment is outstanding and must be made.

Escalating the matter with a payment demand letter can do the trick, too. A demand letter will put legal threats on the table and set a deadline for making payment. Essentially, it serves to show customers that you’re willing to do what it takes to get paid.

Finally, note also that the mere threat of a lien claim is a powerful tool considering the drastic nature of mechanics lien claims. Notices of Intent to Lien are required on some Nevada projects (as discussed here) – but even when it’s not required, sending a Notice of Intent to Lien is a powerful recovery tool in it’s own right. And, the notice can help to get paid without having to battle it out with a lien claim.

Additional resources on filing a Nevada mechanics lien

Naturally, mechanics lien claims won’t always be avoidable. If that’s the case, the following resources should be helpful:

– Nevada Mechanics Lien Guide and FAQs
– How to File a Nevada Mechanics Lien – A Step by Step Guide to Get You Paid

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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