THE NUTS AND BOLTS OF THE NEVADA NOTICE OF RIGHT TO LIEN

The Nevada Notice of Right to Lien is critical to ensuring that your mechanics lien rights are enforceable.

Everyone involved in the project including contractors, subcontractors, material suppliers, and equipment rental companies must send a notice of right to lien to the property owner and general contractor via certified mail in order to preserve their ability to record a notice of lien.

To secure your lien rights for the duration of the project, the notice must be delivered in person or by certified mail to the owner of the property and to the prime contractor within the first 31 days of commencing work or supplying material to the project.

If the notice is sent late, the contractor/material supplier/equipment rental has a right to lien for materials or equipment furnished or for work or services performed in the 31 days before the date the notice of right to lien is mailed and for the materials or equipment furnished or for work or services performed anytime thereafter until the completion of the work of improvement.

Exceptions:
• A prime contractor or other person who contracts directly with an owner or sells materials directly to an owner is not required to give notice.
• However, it is critical to verify that the party you are in contract with is the owner. Please see our post “Do You Know Who The Actual Property Owner Is?” for more information

At CNS, we understand that protecting your lien rights is paramount to future cash flow and growth. Not only is the right to lien notice legally required, but it also must contain accurate information. This is why for the past 34 years we have perfected our procedures to ensure that every notice is as complete as possible.

Our highly trained research staff verifies all information relating to your project including:
• property ownership
• jobsite address
• general contractor
• financial lender(s)
• bonding company(s)

No matter what the circumstances may be for thinking you don’t want/need to send a preliminary notice; remember it’s better to have sent it and not need it; than to need it and not have sent it.