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GC's are not required to send a general 31-day preliminary notice. GC's must send a notice of intent to lien instead.
Additionally, if not contained within their contract itself, direct contractors should provide a "lien information notice" to owners and subs.
General contractors are not required to send notice.
On public jobs in Nevada, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
Subcontractors and suppliers are required to send preliminary notice.
Notice to owner and prime within 31 days of first furnishing labor or materials. Notice of Intent 15 days prior to lien on residential projects (not required for laborers).
2nd-tier subcontractors and suppliers must send notice.
1st-tier subs are not specifically required to send notice, but it may be a good idea to do so anyway. Notice is not specifically required for any party on highway construction projects.
Generally, yes. All parties other than a lien claimant who has contracted directly with the owner of the property or a laborer must provide a Notice of Right to Lien to the property owner within 31 days of first furnishing labor and/or materials. The notice must also be provided to the prime contractor.
Further, an additional notice is required for residential projects. All lien claimants except laborers must serve the property owner and the prime contractor a 15-day Notice of Intent to Lien at least 15 days prior to recording the lien itself.
Further, while a prime contractor is generally not required to send preliminary notice, they may be assessed a penalty by the State Contractors Board if they do not deliver a copy of the lien information notice to each subcontractor.
The Notice of Right to Lien may be served at any time prior to recording the lien, but is only effective as to work performed or materials furnished within the preceding 31 days.
The 15-day Notice of Intent to Lien must be served at least 15 days prior to the recording of the lien document.
The Notice of Right to Lien may be served at any time prior to the recording of the lien. However, the notice is only effective as to work performed or materials furnished within 31 days from the service of the notice. This means that if the notice is served later than 31 days from first furnishing labor or materials, the work done prior to 31 days before service is not protected by the mechanics lien.
Failure to comply with the 15-day Notice of Intent to Lien requirements may be fatal to the lien claim. However, it is possible that the failure to serve the prime contractor would not result in the dissolution of the lien. Service of the 15-day notice extends the time period for recording the lien by 15 days, so approaching the lien filing deadline should not bar the service of the required notice.
The Notice of Right to Lien may be personally served, or served by certified mail, return receipt requested. Certified mail may be the best option as it provides accurate proof of the date notice was sent and received.
The 15-day Notice of Intent to Lien should be served by certified mail, return receipt requested.
Yes. Both the Notice of Right to Lien and the 15-day Notice of Intent to Lien for residential projects should be served on the prime contractor.
In Nevada, notice is considered delivered when actually received by the owner. This was further clarified in a recent NV Supreme Court which held that actual receipt is required in order for a Notice of Right to Lien to be valid. It’d be safe to assume the same applies to the Notice of Intent to Lien.
• See: Mailing Construction Notices: Is notice served when mailed or received?
It depends. On all public projects except highway construction preliminary notice is required for all parties without a direct contract with the general contractor who supplied the bond. Preliminary notice is not required from any party on a highway construction project.
When required, preliminary notice is required to be received by the general contractor within 30 days of the claimant first furnishing materials or labor.
If preliminary notice is required and sent more than 30 days after the first furnishing of labor and/or materials the amount of recovery is limited to the value of the labor and/or material furnished within the 30 days prior to the notice being received and any time after the notice. If the notice is never given, the claimant has no rights to make a claim on the bond.
In Nevada, preliminary notice must be sent by registered or certified mail to the residence or any office of the general contractor.
In Nevada, the only party required to receive preliminary notice is the general contractor, however, it may be best practice to also send preliminary notice to the surety, if known.
Depending on a participant's role in the project, there could be potentially two "preliminary" notices required in order to retain the ability to file a mechanics lien - a 31-day preliminary notice of right to lien, and a notice of intent to lien.
The notice of right to lien may be sent at any time prior to the recording of the lien, even if the 31-day deadline has passed. However, the notice is only effective as to work performed or materials furnished within 31 days from the service of the notice. This means that if the notice is served later than 31 days from first furnishing labor or materials, the work done prior to 31 days before service is not protected by the mechanics lien.
The notice of intent to lien may not be sent late - but since the notice of intent to lien extends the time period for recording the lien by 15 days, approaching the lien filing deadline should not bar sending the notice such that the lien may still be protected.
Nevada is a traditional “notice state” in that Nevada preliminary notices (also called a Notice of Right to Lien or 31-day Notice) are generally required to be sent by project participants in order to retain the right to file a mechanics ien in the event of nonpayment.
Typically all project participants in Nevada are required to send a Notice of Right to Lien within 31 days of the date that labor and/or materials were first provided. This requirement does to apply to parties who contracted directly with the property owner or wage laborers (employees of a project participant). for parties for whom it is required, the Notice of Right to Lien must be sent to both the property owner and the general contractor.
Just because they are exempt from the general 31-day Notice of Right to Lien requirement doesn’t mean the direct contractors are exempt from all notice requirements, however. There is a specific notice in Nevada, which can be called a Notice to Owner/Subcontractor or a “lien information notice” that is supposed to be provided by a direct contractor. This notice is set forth by NRS Section 108.246, and while it doesn’t impact the ability of a direct contractor to file a valid lien claim, they may be assessed a penalty by the State Contractors Board if they do not deliver a copy of the lien information notice to property owners and each subcontractor on a project.
In addition to the above requirements, there is an additional notice required for residential projects. On all Nevada residential projects, a notice of intent to lien is required to be provided to the owner at least 15 days prior to filing a lien if a payment dispute has escalated to the point where a lien filing is required. Unlike in many states, the service of this notice of this notice of intent extends the period in which a lien may be filed for period for 15 days.
Before you do anything, read the step-by-step guide to preparing and serving a preliminary notice in Nevada. The guide walks you through the information you must include, important deadlines, and the rules for delivering the notice.
Nevada’s lien laws require specific language and information on preliminary notices. You can download the correct preliminary notice form here for free. Levelset’s free forms were written by construction attorneys to meet the strict requirements in Nevada, making it easy for you to get this part right.
This part is tricky! That’s because even the smallest mistake on your preliminary notice form could lead to the loss of your lien rights in the event of nonpayment. Make sure you include all required information and that the information is 100% accurate.
Nevada construction law is strict about how preliminary notices should be delivered. Deliver the notice personally, or send it via certified mail, return receipt requested. Nevada preliminary notices must be served upon the owner and the GC within 31 days of first furnishing.
Select Preliminary Notice document.
Provide basic job information.
Levelset sends the document for you. Postage included!