WHO MAY CLAIM Any person who provides work, material or equipment with a value of $500 or more to be used in or for the construction, alteration or repair of any improvement, property or work of improvement. The term includes, without limitation, every artisan, builder, contractor, laborer, lessor or renter of equipment, materialman, miner, subcontractor or other person who provides work, material or equipment, and any person who performs services as an architect, engineer, land surveyor or geologist, in relation to the improvement, property or work of improvement. NV REV STAT § 108-2214 DEADLINE TO PERFECT A lien claimant must record a notice of lien in the office of the county recorder of the county where the property is located in the statutory form: • Within 90 days after the date on which the latest of the following occurs: • The completion of the work of improvement; • The last delivery of material or furnishing of equipment by the lien claimant for the work of improvement; or • The last performance of work by the lien claimant for the work of improvement; or • Within 40 days after the recording of a valid notice of completion. NV REV STAT § 108-226 BROKEN PRIORITY If construction has commenced on a work of improvement before a deed of trust is recorded, then a perfected mechanic’s lien will take a priority position over a recorded deed of trust regardless of when the mechanic’s lien is recorded. Moreover, to claim priority, a claimant itself need not perform before the deed of trust is recorded, so long as any visible work on the work of improvement began before the deed of trust’s recordation, because all perfected mechanics’ liens relate back to the date overall construction is first commenced. Byrd Underground, L.L.C. v. Angaur, L.L.C., 130 Nev. 586, 592, 332 P.3d 273, 277 (2014) “Commencement of construction” means the date on which: • Work performed; or • Materials or equipment furnished in connection with a work of improvement, is visible from a reasonable inspection of the site. NV REV STAT § 108.22112 Visibility alone determines priority. Las Vegas Paving Corp. v. RBC Real Est. Fin., Inc., 131 Nev. 1310 (2015) DURATION OF LIEN 6 months after the date on which the notice of lien was recorded, unless: • Proceedings are commenced in a proper court within that time to enforce the lien; or • The time to commence the action is extended by a written instrument signed by the lien claimant and by a person in interest in the property subject to the lien, but no extension is valid unless in writing and recorded in the county recorder’s office in which the notice of lien is recorded and unless the extension agreement is recorded within the 6-month period. The extension only applies to the persons signing the extension agreement. An extension must not be given for a period in excess of 1 year beyond the date on which the notice of lien is recorded. For all purposes, a notice of lien shall be deemed to have expired as a lien against the property after the lapse of the 6-month period, and the recording of a notice of lien does not provide actual or constructive notice after the lapse of the 6-month period. NV REV STAT § 108-233 CONTENTS OF LIEN (1) Verified by oath of claimant or some other person; (2) lienable amount (less credits/adjustments); (3) name of owner, if known; (4) lien claimant’s employer or to whom materials or equipment furnished; (5) brief statement of contract payment terms; (6) description of property sufficient for ID. Substantial compliance required. General restatements of above will be sufficient as long as not misleading or intentional misstatements. Schofield v. Copeland Lumber Yards, Inc., 101 Nev. 83, 85, 692 P.2d 519, 520 (1985) NV REV STAT § 108-226 NEVADA NEVADA – 531 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN
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