Nevada Preliminary Notice Guide and FAQs

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 sent by certified mail or, when personal service occurs, when the owner is served personally.

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.