Pre-lien Notice / Notice to Owner

NOTICE OF RIGHT TO LIEN

(Nevada Pre-Lien Notice / Notice to Owner)

Pursuant to NRS 108.245 et seq.

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies (Reserved)
VII. Risk Allocation (Reserved – see § III(G))
VIII. Dispute Resolution
IX. General Provisions
X. Certificate of Service & Execution Block

I. DOCUMENT HEADER

Effective Date: [DATE]
Project / Improvement: [PROJECT NAME OR “Residential Remodel”]
Physical Address: [STREET ADDRESS, CITY, COUNTY, NV ZIP]
Legal Description / APN: [INSERT OR “See Exhibit A”]

Claimant: [LEGAL NAME, ENTITY TYPE, NV LICENSE NO.]
Mailing Address: [ADDRESS]
Telephone / Email: [CONTACT INFO]

Owner (or Reputed Owner): [NAME & ADDRESS]
Prime Contractor (if any): [NAME & ADDRESS]

Governing Law: State of Nevada (NRS Chapter 108)
Forum Selection: Exclusive jurisdiction in the state courts of [COUNTY], Nevada

II. DEFINITIONS

For purposes of this Notice, the following capitalized terms apply:

• “Claimant” – The undersigned party identified above who furnished or will furnish Labor, Materials, Equipment or Professional Services.
• “Labor, Materials, Equipment or Professional Services” – Collectively, the value-enhancing contributions furnished by Claimant to the Improvement, as further described in § III(B).
• “Improvement” – The construction, alteration, repair, or renovation project situated upon the Property.
• “Owner” – The fee title holder(s) or reputed owner(s) of the Property.
• “Prime Contractor” – The person or entity in direct contract with the Owner for the Improvement.
• “Property” – The real property identified in § I.
• “First Furnishing Date” – The calendar date on which Claimant first supplied any Labor, Materials, Equipment or Professional Services to the Improvement.

III. OPERATIVE PROVISIONS

A. Statutory Notice

1. Notice of Right to Lien. Pursuant to NRS 108.245(1)–(2), Claimant hereby gives formal notice to Owner and Prime Contractor of Claimant’s right to record a mechanic’s lien against the Property if Claimant is not timely paid for the Labor, Materials, Equipment or Professional Services described herein.
2. Non-Lien Statement. THIS DOCUMENT IS NOT A LIEN. It is a notice required by Nevada law to preserve lien rights. (See NRS 108.245(2)(d).)

B. Description of Labor, Materials, Equipment or Professional Services
[DETAILED DESCRIPTION – e.g., “Rough framing labor and supply of dimensional lumber per subcontract dated [DATE]”]

C. Contract Price / Estimated Value

1. Original Contract Price or Estimate: [$__________]
2. Change Orders / Extras (if applicable): [$__________]
3. Total To-Date: [$__________]

D. Timing Compliance

1. First Furnishing Date: [DATE]
2. Statutory Deadline. Under NRS 108.245(1), this Notice must be served within 31 days after the First Furnishing Date. Claimant represents that service is timely. (See § IV(A)(ii).)

E. Service of Notice
Claimant will effect service on each required Recipient by one or more of the methods authorized under NRS 108.245(4):
• Personal delivery with written acknowledgment;
• Certified mail, return-receipt requested, to the last known address; or
• Any other statutorily permitted method.

F. Reservation of Rights
Claimant reserves all lien, bond, and contract remedies available under Nevada law. Acceptance of partial payment shall not operate as a waiver of any unpaid balance.

G. Liability Cap
To the fullest extent permitted by law, any liability of Claimant to Owner for inaccuracy in this Notice shall be limited to the lesser of (i) the value of the Labor, Materials, Equipment or Professional Services referenced in § III(B) or (ii) $[AMOUNT].

IV. REPRESENTATIONS & WARRANTIES

A. Claimant represents and warrants that:
i. The information contained in this Notice is true and correct to the best of Claimant’s knowledge, information, and belief;
ii. This Notice is served on or before the thirty-first (31st) day after Claimant’s First Furnishing Date;
iii. Claimant holds all licenses, registrations, and permits required to perform the work described.

B. Survival. The representations and warranties herein shall survive delivery of this Notice and any subsequent payment negotiations.

V. COVENANTS & RESTRICTIONS

A. Further Assurances. Claimant agrees to execute and deliver such additional documents as may be reasonably necessary to perfect or release any lien rights consistent with applicable law.

B. Notice Obligations. Claimant shall provide prompt written notice of any material change to the information set forth in this Notice.

VI. DEFAULT & REMEDIES (Reserved)

VII. RISK ALLOCATION (Reserved – see § III(G))

VIII. DISPUTE RESOLUTION

Any dispute arising from or related to this Notice shall be governed by Nevada law, with exclusive venue in the state courts situated in [COUNTY], Nevada. Injunctive or equitable relief to enforce lien rights is expressly preserved.

IX. GENERAL PROVISIONS

A. Amendment. This Notice may be amended only by a written instrument executed by Claimant.
B. Severability. If any provision of this Notice is held invalid, the remaining provisions shall remain in full force and effect.
C. Counterparts; Electronic Signatures. This Notice may be executed in counterparts and delivered electronically, each of which shall be deemed an original.

X. CERTIFICATE OF SERVICE & EXECUTION BLOCK

I, the undersigned Authorized Signatory of Claimant, declare under penalty of perjury under the laws of the State of Nevada that (1) I am authorized to make this Verification for and on behalf of Claimant; (2) I have read the foregoing Notice and know its contents; and (3) the contents are true and correct to the best of my knowledge, information and belief.

Subscribed and sworn to before me on this ___ day of __________, 20__, by _______________________, personally known to me or proved to me on the basis of satisfactory evidence to be the person who appeared before me.

_________________________________
Notary Public in and for said County and State
My Commission Expires: __________

SERVICE LOG

END OF DOCUMENT