Nevada Preliminary Notice Guide and FAQs

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Nevada Preliminary Notice FAQs

About Nevada Preliminary Notices

Nevada Preliminary Notice Rules
At a Glance


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Preliminary Notices Are Generally Required

Typically, project participants are required to send a Notice of Right to Lien within 31 days of the date that labor and/or materials were first provided. Residential projects also require a notice of intent to lien. Direct contractors should provide a lien information notice.


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DAYS
Send Notice of Intent to Lien Only

GC's are not required to send a general 31-day preliminary notice, but must send a notice of intent to lien at least 15 days prior to filing lien on residential projects, if a lien becomes necessary. Additionally, if not contained within their contract itself, direct contractors should provide a "lien information notice" to owners and subs.


31
DAYS
Subcontractors Must Send 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).


31
DAYS
Suppliers Must Send 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).


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Notice Can be Sent Late

The preliminary notice of right to lien may be provided after the 31-day deadline, but if it is, it is only effective to work performed or materials furnished beginning 31 days before the service of the notice.

Note, however, that the failure to comply with the 15-day notice of intent requirement on a residential project may be fatal to lien rights.


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Send to Owner and GC

The notice of right to lien (and notice of intent if applicable) should be provided to the property owner and the GC.

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Preliminary Notice is Required for Some Parties

On Nevada public projects, all parties who do not contract with either the public entity or the GC are required to send preliminary notice in order to retain the ability to make a claim against the project's payment bond should the need arise. 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.


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N/A

On public jobs, 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.


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DAYS
2nd-Tier Subs Must Send Notice

On Nevada public projects, all parties who do not contract with either the public entity or the GC are required to send preliminary notice in order to retain the ability to make a claim against the project's payment bond should the need arise. 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.


30
DAYS
2nd-Tier Suppliers Must Send Notice

On Nevada public projects, all parties who do not contract with either the public entity or the GC are required to send preliminary notice in order to retain the ability to make a claim against the project's payment bond should the need arise. 1st-tier suppliers 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.


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Notice Can be Sent Late

While it's always best to send notice within the required deadlines, notice may be sent after the 30-day deadline for Nevada public projects. If notice is sent late, however, it is only effective to protect the labor or materials furnished beginning 30 days prior to the date the notice was provided.


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Send to GC

On Nevada public projects, the only party specifically required to receive preliminary notice is the GC. It may, however, also be a good idea to sent the notice to the surety, if known.

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.

 

Preliminary Notice Frequently Asked Questions

If you're sending preliminary notices in Nevada, it's important to get all the details right. There are multiple notices that may be required, and all apply to different situations and parties. If you're receiving prelims, it's important to know what you're looking at and know what to do in followup. Since prelims are subject to a lot of complex rules and requirements, this can all be difficult. These are some frequently asked questions about the Nevada preliminary notice process.

Prelim FAQs on Private Projects

Do I Need to Send a Nevada Preliminary Notice?

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.

When do I Need to Send a Nevada Preliminary Notice?

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.

What if I Send the Nevada Preliminary Notice Late?

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.

How Should the Nevada Preliminary Notice be Sent?

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.

Do I Have to Send the Nevada Preliminary Notice to Someone Other than the Owner?

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.

Is the Nevada Preliminary Notice Requirement met when sent or delivered?

In Nevada, notice is considered delivered when sent by certified mail or, when personal service occurs, when the owner is served personally.

Prelim FAQs on Public Projects

Do I Need to Send a Nevada Preliminary Notice?

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 do I Need to Send a Nevada Preliminary Notice?

When required, preliminary notice is required to be received by the general contractor within 30 days of the claimant first furnishing materials or labor.

What if I Send the Nevada Preliminary Notice Late?

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.

How Should the Nevada Preliminary Notice be Sent?

In Nevada, preliminary notice must be sent by registered or certified mail to the residence or any office of the general contractor.

To Whom Must the Nevada Preliminary Notice be Given?

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.

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Nevada Preliminary Notice Form Template

All Nevada preliminary notice forms are regulated by statute. While there may be different ways of putting the form together, there are certain requirements that must be met, and certain information that must be contained in the forms. The forms provided here for free by Levelset are compliant with the Nevada rules. You can download them for free, or use our system to send or request them easily.

Nevada Notice of Right to Lien Form - free from

Nevada Notice of Right to Lien Form

All potential lien claimants, “other than one who performs only labor,” and who do not contract directly with the property owner, must deliver a Notice...

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