We are a new company in Nevada. I understand a pre-lien needs to filed in order for a lien go have any leverage. When is the appropriate time to file a pre-lien and what for is required?
Apr 26, 2019
Good question. Nevada is what we refer to as a “notice state,” which can potentially require two different notices before filing a lien claim, depending on your role and the project type. For those who have contracted directly with an owner, i.e. prime contractors, a preliminary notice is not required. As for subs and suppliers, a preliminary notice should be sent to both the owner and the GC within 31 days of the first furnishing of labor and materials. Now, if the project is residential, then all lien claimants (with the exception of wage laborers) must send a Notice of Intent to Lien to the owner and GC 15 days before filing a claim. Failure to send a Notice of Right to Lien within 31 days destroy lien rights, but the claim will only cover the cost of labor or materials furnished for the prior 31 days. However, failing to send a Notice of Intent to Lien could prove fatal to a claimant’s lien rights. Here are some additional resources you may find helpful: (1) Nevada Lien & Notice Overview page, & (2) How to File a NV Mechanics Lien.