Mechanics Lien Filing Package — Nevada

Mechanics Lien Filing Package (NEVADA)

Quick-Reference Summary

Part A — Pre-Lien Notice

A.1 — Notice of Right to Lien (Pre-Lien Notice) — NRS 108.245

Determine first whether the claimant is required to give this notice. A required notice protects materials, equipment, work, or services furnished during the 31 days before notice and thereafter through completion. Deliver the notice to the owner in person or by certified mail. A subcontractor or equipment or material supplier must also deliver a copy to the prime contractor in person or by certified mail.

NOTICE OF RIGHT TO LIEN

(Pursuant to NRS 108.245; use language substantially matching the statute.)

The undersigned notifies you that the undersigned has supplied materials or equipment or performed work or services as described below for the identified property under contract with the person identified below.

This is not a notice that the undersigned has not been or does not expect to be paid. It is a notice required by law that the undersigned may, at a future date, record a notice of lien against the property if the undersigned is not paid. This notice does not itself constitute a lien or give actual or constructive notice of a lien.

Date: [__/__/____]

By: ________________________________

Print Name / Title: [________________________________]

Owner Delivery: ☐ Personal delivery ☐ Certified mail — Article No. [________________________________]

Prime-Contractor Copy, if required: ☐ Personal delivery ☐ Certified mail — Article No. [________________________________]

Date served: [__/__/____]

A.2 — 15-Day Notice of Intent to Lien (Residential Work) — NRS 108.226

For construction, alteration, or repair of multifamily or single-family residences, a claimant other than a laborer must serve this separate notice at least 15 days before recording a Notice of Lien.

NOTICE OF INTENT TO LIEN

TO: [OWNER NAME] — [OWNER MAILING ADDRESS]

You are hereby notified that the undersigned intends to record a Notice of Lien against the residential property located at [PROPERTY ADDRESS] (APN: [_______________]) for unpaid labor, materials, and/or equipment furnished for the improvement of the property, in the amount of $[__________].

This Notice is given pursuant to NRS 108.226(6). Unless the amount claimed is paid within 15 days of service, the undersigned intends to record a Notice of Lien with the [_______________] County Recorder.

Date: [__/__/____]

Claimant: ________________________________

Print Name / Title: [________________________________]

Served by: ☐ Personal delivery ☐ Certified mail, RRR — Article No. [_______________]

Part B — Claim of Mechanics Lien

NOTICE OF LIEN

(Form prescribed by NRS 108.226(5))

Recording Requested By and When Recorded Return To:

[CLAIMANT NAME]
[CLAIMANT ADDRESS]

APN: [________________________________]

NOTICE IS HEREBY GIVEN that:

VERIFICATION

STATE OF NEVADA, COUNTY OF [_______________], ss.

[_______________], being first duly sworn on oath, deposes and says: I am [the Claimant / authorized agent of the Claimant] named above; I have read the foregoing Notice of Lien; I know the contents thereof; the same is true of my own knowledge except as to matters stated on information and belief, and as to those matters, I believe them to be true. The amount of the lien claimed of $[__________] is justly due, owing, and unpaid after allowance of all just credits and offsets.

________________________________
Signature of Claimant / Authorized Agent

Subscribed and sworn to before me on [__/__/____] by [_______________].

________________________________
Notary Public — State of Nevada
My commission expires: [__/__/____]

[NOTARY SEAL]

Part C — Notice of Filing Lien Claim to Owner

NOTICE OF RECORDED MECHANIC'S LIEN — NRS 108.227

[CLAIMANT LETTERHEAD]

Date: [__/__/____]

TO: [OWNER NAME] — [OWNER ADDRESS]

Via Certified Mail, Return Receipt Requested — Article No.: [_______________]

Re: Notice of Lien recorded against [PROPERTY ADDRESS] / APN [_______________]
Recorded [__/__/____] as Document No. [_______________] in the Official Records of [_______________] County, Nevada

You are hereby notified, pursuant to NRS 108.227, that on [__/__/____] the undersigned recorded a Notice of Lien against the above-described property in the amount of $[__________] for unpaid labor, materials, and/or equipment furnished for the improvement of the property.

A true and correct copy of the recorded Notice of Lien is enclosed.

The undersigned must commence an action to enforce this lien within six (6) months after the date of recording to prevent the lien from lapsing under NRS 108.233. Demand is hereby made for payment of the amount claimed, together with interest, costs, and attorney's fees as allowed by law. Failure to pay may result in the filing of an enforcement action.

Sincerely,

________________________________
[CLAIMANT NAME], [TITLE]
[CLAIMANT ADDRESS / PHONE / EMAIL]

Service:
☐ Personal delivery on [__/__/____]
☐ Certified mail, return receipt requested — Article No. [_______________] mailed [__/__/____]
☐ Left with person in charge at owner's residence/business AND mailed (NRS 108.227(1)(c))

Affidavit / Proof of Service attached as Exhibit 1.

Part D — Suit to Foreclose

DISTRICT COURT, [_______________] COUNTY, NEVADA

Case No.: [____________]
Dept. No.: [____________]

COMPLAINT FOR FORECLOSURE OF MECHANIC'S LIEN; BREACH OF CONTRACT; AND RELATED CLAIMS

(Exempt from arbitration — title to real property; NAR 5)

Plaintiff [CLAIMANT NAME], by and through its attorneys [_______________], for its Complaint alleges:

Parties, Jurisdiction, and Venue

1. Plaintiff is a [ENTITY TYPE] organized under the laws of [_______________], doing business in Nevada and holding Nevada Contractor License No. [_______________].

2. Defendant [OWNER NAME] is, on information and belief, the record owner of the real property at issue, located in [_______________] County, Nevada.

3. Jurisdiction and venue are proper in this Court under NRS 13.010 and NRS 108.239 because the property is located in this county and the amount in controversy exceeds the jurisdictional minimum.

Facts

4. On or about [__/__/____], Plaintiff entered into a [written / oral] contract with [OWNER / PRIME CONTRACTOR / HIRING PARTY] to furnish [DESCRIBE LABOR/MATERIALS/EQUIPMENT] for the improvement of property commonly known as [PROPERTY ADDRESS], APN [_______________], and legally described as:

[LEGAL DESCRIPTION]

5. Plaintiff first furnished work/materials/equipment on [__/__/____] and last furnished on [__/__/____].

6. The reasonable value of all work/materials/equipment furnished is $[__________]. Plaintiff has been paid $[__________]. The balance due and unpaid, after just credits and offsets, is $[__________].

7. [If applicable] On [__/__/____], Plaintiff timely served a Notice of Right to Lien under NRS 108.245, as evidenced by Exhibit A.

8. [If applicable] On [__/__/____], Plaintiff timely served a 15-day Notice of Intent to Lien under NRS 108.226(6), as evidenced by Exhibit B.

9. On [__/__/____], Plaintiff recorded with the [_______________] County Recorder a Notice of Lien against the Property in the amount of $[__________], Document No. [_______________]. A true and correct copy is attached as Exhibit C.

10. On [__/__/____], within 30 days of recording, Plaintiff served a copy of the Notice of Lien on the owner pursuant to NRS 108.227, as evidenced by Exhibit D.

11. This action is filed within six (6) months of the recording of the Notice of Lien, as required to preserve the lien under NRS 108.233.

Count I — Foreclosure of Mechanic's Lien (NRS 108.239)

12. Plaintiff incorporates paragraphs 1–11 above.

13. Plaintiff has a valid and enforceable mechanic's lien against the Property in the amount of $[__________], plus interest, costs, attorney's fees, and the cost of preparing and recording the Notice of Lien, all recoverable under NRS 108.237.

14. Plaintiff is entitled to a judgment foreclosing its lien and ordering sale of the Property and improvements to satisfy the lien.

Count II — Breach of Contract

15. Plaintiff incorporates paragraphs 1–11 above.

16. [HIRING PARTY] breached its agreement with Plaintiff by failing to pay $[__________]. Plaintiff is entitled to judgment in that amount together with interest at the contract rate or the legal rate per NRS 99.040.

Count III — Unjust Enrichment (alternative)

17. Plaintiff conferred a benefit on Defendant Owner by improving the Property. Defendant Owner has been unjustly enriched in the amount of $[__________], and equity requires restitution.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for relief as follows:

A. Adjudication that Plaintiff has a valid mechanic's lien against the Property in the amount of $[__________], plus interest, costs, and attorney's fees;
B. Judgment foreclosing the lien and ordering sale of the Property under NRS 108.239;
C. Determination of priority of competing liens and encumbrances per NRS 108.225, 108.236;
D. Judgment against [HIRING PARTY] for breach of contract in the amount of $[__________], plus interest, costs, and attorney's fees;
E. Award of costs of suit, prejudgment interest, and reasonable attorney's fees per NRS 108.237;
F. Preferential trial setting pursuant to NRS 108.239(7);
G. Such other and further relief as the Court deems just and proper.

Dated: [__/__/____]

________________________________
[ATTORNEY NAME], NV Bar No. [_____]
[FIRM NAME]
[ADDRESS / PHONE / EMAIL]
Attorneys for Plaintiff

[Concurrently file Notice of Lis Pendens — NRS 14.010 / NRS 108.239(2)]

Part E — Pre-Filing Checklist

Eligibility & Licensing

☐ Confirmed claimant performed work, furnished materials, or supplied equipment under NRS 108.22142–108.2214
☐ Verified claimant holds active Nevada Contractor License (NRS 108.222(2)) — or that work was exempt from licensing
☐ Claim value meets $500 minimum (NRS 108.222(1))

Notice of Right to Lien (NRS 108.245)

☐ Determined whether claimant has direct contract with owner — if NOT, NoR is mandatory
☐ Identified date of first furnishing
☐ NoR served on owner AND prime contractor; 31-day lookback calculated from actual notice date
☐ Method of service documented: ☐ Personal delivery ☐ Certified mail RRR
☐ Affidavit of service retained

15-Day Notice of Intent (if multifamily or single-family residential work)

☐ Confirmed property qualifies under NRS 108.226(6)
☐ Notice served at least 15 days before recording

Notice of Completion Status

☐ County Recorder checked for any recorded NRS 108.228 Notice of Completion
☐ If NoC recorded, 40-day deadline calculated and calendared
☐ If no NoC, 90-day deadline from last work calculated and calendared

Lien Statement Contents

☐ Statutory form (NRS 108.226(5)) used
☐ Amounts (contract, changes, payments, balance) accurate after credits/offsets
☐ Owner name matches assessor / recorder records
☐ APN and legal description verified
☐ First and last furnishing dates documented
☐ Notice of Right to Lien date listed (if applicable)
☐ Verification and notarization completed

Recording

☐ Recording fees and any surcharge confirmed with County Recorder
☐ Notice of Lien recorded in [_______________] County Recorder's Office
☐ Recording date and document number captured

Post-Recording Owner Service (NRS 108.227)

☐ Copy of recorded Notice of Lien served on owner within 30 days of recording
☐ Method: ☐ Personal delivery ☐ Certified mail RRR ☐ Leave-with-and-mail
☐ Proof of service / affidavit prepared

Foreclosure Calendar

☐ 6-month deadline from recording calendared (NRS 108.233)
☐ Anticipated parties for joinder identified: owner, prime contractor, other lienholders, mortgagees, lessees
☐ Lis pendens prepared for filing concurrently with complaint

Recordkeeping

☐ Contract, change orders, invoices, time sheets, delivery tickets retained
☐ Photographs of work, signed delivery receipts
☐ All communications (email, text, letters) with owner / GC re payment
☐ Copies of all notices and affidavits of service
☐ Copy of recorded lien with recorder's stamp

Sources and References

• NRS Chapter 108 (Statutory Liens — full text): https://www.leg.state.nv.us/nrs/nrs-108.html
• NRS 108.226 (Perfection of lien): https://www.leg.state.nv.us/nrs/nrs-108.html#NRS108Sec226
• NRS 108.227 (Service of copy of notice of lien): https://www.leg.state.nv.us/nrs/nrs-108.html#NRS108Sec227
• NRS 108.228 (Notice of Completion): https://www.leg.state.nv.us/nrs/nrs-108.html#NRS108Sec228
• NRS 108.239 (Action to enforce notice of lien): https://www.leg.state.nv.us/nrs/nrs-108.html#NRS108Sec239
• NRS 108.233 (Duration of lien): https://www.leg.state.nv.us/nrs/nrs-108.html#NRS108Sec233
• NRS 108.244 (Limitation on filing complaint for foreclosure): https://www.leg.state.nv.us/nrs/nrs-108.html#NRS108Sec244
• NRS 108.245 (Notice of Right to Lien): https://www.leg.state.nv.us/nrs/nrs-108.html#NRS108Sec245
• NRS 108.2275 (Frivolous or excessive notice of lien): https://www.leg.state.nv.us/nrs/nrs-108.html#NRS108Sec2275
• Nevada State Contractors Board: https://nscb.nv.gov/
• Ballard Spahr — Mechanic's Liens in Practice (NV): https://www.ballardspahr.com/-/jssmedia/Files/Articles/2019-03-Mechanics-Liens-in-Practice-Main-Article.pdf