A construction lien is a legal claim made against real property by a professional contractor or sub-contractor. Construction liens protect the contractor from the risk of not receiving payment for the services rendered. Construction liens in Las Vegas and all other areas of Nevada are legally referred to as mechanics liens. The timelines for recording a construction lien in Nevada are strict; if you miss the prescribed deadlines by one day, you miss the opportunity to record the claim. Any person who performs work valued over $500 may record a mechanic's lien in Nevada, as long as the required notices are filed.
Things You'll Need
- Pre-Lien Notice
- Notice of Intent to Lien
- Notice of Lien
- Mechanic's Lien
Serve the owner of the property with a pre-lien notice by certified mail--return receipt requested within 31 days after first furnishing materials or services. The pre-lien notice is a Notice of Right to Lien if the owner does not render payment for the materials or services. Contractors, subcontractors, laborers and equipment or material suppliers who do not have direct contact with the owner of the property must file this notice. Pre-lien notices need not be verified---signed by the issuer---or notarized.
Serve the owner of the property with a Notice of Intent to Lien by certified mail--return receipt requested 15 days before recording the construction lien. General contractors, subcontractors and material and/or equipment suppliers who work on residential projects must serve the Notice of Intent to Lien. Subcontractors and suppliers must also serve the general contractor a Notice of Intent to Lien in the same way and on the same day. Having the Notice of Intent to Lien notarized is not a requirement but it is a recommendation. Commercial projects are not subject to this notice.
Record a mechanic's lien against property in Las Vegas in the Recorder's Office in Clark County after the completion of the project. In Nevada, completion of the project can mean the owner occupies the property, the owner has accepted the property, there has been no labor performed at the property for 30 days, a Notice of Completion has been filed or the county signed off on the final building inspection.
Serve a copy of the mechanic's lien on the property owner within 30 days of recording the lien. Serve the owner in person, by a process server or by certified mail, return receipt requested. If the owner is not available for service by these means, you may also post a copy of the lien in a conspicuous location on the construction site and mail the owner notice at the construction site. Subcontractors who record a mechanics lien must also serve the general contractor of the project.