2005 Nevada Revised Statutes - Chapter 108 — Statutory Liens

CHAPTER 108 - STATUTORY LIENS

MECHANICS AND MATERIALMENS LIENS

NRS 108.221 Definitions.

NRS 108.22104 Agentof the owner defined.

NRS 108.22108 Buildingdefined.

NRS 108.22112 Commencementof construction defined.

NRS 108.22116 Completionof the work of improvement defined.

NRS 108.22118 Constructioncontrol defined.

NRS 108.2212 Contractdefined.

NRS 108.22124 Equipmentdefined.

NRS 108.22128 Improvementdefined.

NRS 108.22132 Liendefined.

NRS 108.22136 Lienableamount defined.

NRS 108.2214 Lienclaimant defined.

NRS 108.22144 Materialdefined.

NRS 108.22148 Ownerdefined.

NRS 108.22152 Noticeof lien defined.

NRS 108.22156 Prevailinglien claimant defined.

NRS 108.2216 Primecontract defined.

NRS 108.22164 Primecontractor defined.

NRS 108.22168 Principaldefined.

NRS 108.22172 Propertydefined.

NRS 108.22176 Suretydefined.

NRS 108.2218 Suretybond defined.

NRS 108.22184 Workdefined.

NRS 108.22188 Workof improvement defined.

NRS 108.222 Lienon property, improvements and construction disbursement account; amount oflien; lien not available to unlicensed contractor or professional who must belicensed to perform work.

NRS 108.225 Priorityof liens.

NRS 108.226 Perfectionof lien: Time for recording notice of lien; contents of notice of lien;verification; penalty for certain false statements; form for notice of lien;notice of intent to lien required under certain circumstances.

NRS 108.227 Serviceof copy of notice of lien.

NRS 108.2275 Frivolousor excessive notice of lien: Motion; hearing; consequences of failure toappear; effect on action to foreclose; order; appeal; recording of certifiedcopy of order releasing or reducing notice of lien.

NRS 108.228 Noticeof completion: Recording; contents; verification; delivery of copy to eachprime contractor and potential lien claimant; effect of failure to deliver copyto prime contractor or lien claimant.

NRS 108.229 Recordingand service of amended notice of lien; variances; errors or mistakes do notdefeat lien; exceptions; amendments; substitution of defendants; sufficiency ofnotice of lien.

NRS 108.231 Noticeof lien against two or more separate buildings or mining claims: Designation ofamount due on each; effect of failure to designate amount due on each.

NRS 108.232 Noticeof lien to be recorded; fees of recorder.

NRS 108.233 Durationof lien.

NRS 108.234 Recordingof notice of nonresponsibility by disinterested owner; contents and validity ofnotice of nonresponsibility; service of notice of nonresponsibility upon lesseeand prime contractor; prime contractors obligations upon receipt of notice ofnonresponsibility; effect of owners failure to comply with provisions of thissection.

NRS 108.235 Amountrecoverable by prime contractor; payment of all liens by prime contractor;defense of action on notice of lien; withholding or deduction of money byowner.

NRS 108.236 Courtmust declare rank of lien claimants or class of lien claimants; application ofproceeds.

NRS 108.237 Awardof lienable amount, cost of preparing and recording notice of lien, costs ofproceedings and representation and other amounts to prevailing lien claimant;calculation of interest; award of costs and attorneys fees when lien claim notupheld.

NRS 108.238 Rightto maintain civil action or submit controversy to arbitration not impaired.

NRS 108.239 Actionto enforce notice of lien: Complaint; required notices; joinder of personsholding or claiming notice of lien; consolidation of actions; hearing andjudgment; preferential trial setting; binding arbitration; sale of property.

NRS 108.2403 Lesseeto record notice of posted security and either establish constructiondisbursement account or record surety bond before beginning work ofimprovement; contents of notice of posted security and service thereof; effectof failure to comply with requirements; rights and remedies additional.

NRS 108.2405 Inapplicabilityof NRS 108.2403 and 108.2407 under certain circumstances;service of notice of waiver of owners rights upon prime contractor and lienclaimants.

NRS 108.2407 Lienclaimant has lien upon funds in construction disbursement account; disbursementof funds from construction disbursement account; lien claimant may notifyconstruction control of claim of lien; construction control to pay legitimateclaim of lien; interpleader; liability of construction control.

NRS 108.2413 Releaseof lien rights or notice of lien by posting surety bond.

NRS 108.2415 Formof surety bond posted to release lien; form of surety bond posted to releaseall prospective and existing lien rights; recording of surety bond; service;effect of failure of service; effect of recording and service of surety bond.

NRS 108.2421 Actionagainst principal and surety on surety bond and debtor: Action before or aftersurety bond is recorded; time within which to commence action; preferentialtrial setting; expert witnesses; amount of award to prevailing lien claimant.

NRS 108.2423 Enforcementof liability of principal and surety.

NRS 108.2425 Exceptionto sufficiency of surety or surety bond; order to require additional securityor change, substitute or add securities or for other relief; court may orderprincipal to obtain additional security or to change or substitute securitiesif amount of surety bond insufficient; surety to remain liable on surety bondregardless of payment of premium.

NRS 108.243 Assignmentof lien.

NRS 108.2433 Dischargeof notice of lien: Marginal entries; discharge or release must be recorded ifnotice of lien recorded by photographic process; presentation of certificateexecuted by lien claimant or his personal representative or assignee.

NRS 108.2437 Dischargeof notice of lien: Recording by lien claimant; form; liability for failure torecord.

NRS 108.244 Limitationon filing complaint for foreclosure of notice of lien.

NRS 108.245 Noticeof right to lien: Form; service; effect.

NRS 108.2453 Waiveror modification of right, obligation or liability set forth in NRS 108.221 to 108.246, inclusive, prohibited; certain conditions,stipulations or provisions of contract for improvement of property orconstruction, alteration or repair of work of improvement void andunenforceable.

NRS 108.2457 Termof contract that attempts to waive or impair lien rights of contractor,subcontractor or supplier void; requirements for enforceability of waiver orrelease of rights of lien claimant; effect of payment in form of two-partyjoint check; forms.

NRS 108.246 Primecontractor to advise owner of content of NRS108.245; copy to be provided to each subcontractor; failure to comply withrequirements constitutes ground for disciplinary action against primecontractor.

LIENS OF FOUNDRYMEN, BOILERMAKERS AND OTHERS

NRS 108.249 Lienon mill, manufactory or hoisting works.

EXTINGUISHMENT OF LIEN ON REAL PROPERTY CREATED BY ATTACHMENT;EXPIRATION OF NOTICE OF PENDENCY OF ACTION

NRS 108.250 Extinguishmentof lien on real property created by levy of attachment.

NRS 108.260 Expirationof effective notice of pendency of action.

LIENS FOR STORAGE, MAINTENANCE, KEEPING OR REPAIR OF VEHICLES,MOBILE HOMES, MANUFACTURED HOMES, RECREATIONAL VEHICLES, TRAILERS OR AIRCRAFT

NRS 108.265 Definitions.

NRS 108.266 Landlorddefined.

NRS 108.267 Legalowner defined.

NRS 108.2671 Manufacturedhome defined.

NRS 108.2673 Mobilehome defined.

NRS 108.2675 Mobilehome lot defined.

NRS 108.2677 Mobilehome park defined.

NRS 108.26775 Recreationalvehicle defined.

NRS 108.2678 Recreationalvehicle park defined.

NRS 108.2679 Registeredowner defined.

NRS 108.26795 Trailerdefined.

NRS 108.26797 Departmentof Motor Vehicles: Adoption of regulations to ensure compliance with lawsrelating to processing of liens.

NRS 108.268 Legalowner of aircraft.

NRS 108.270 Lienfor labor, materials, storage or services; detention of vehicle, trailer,recreational vehicle, mobile home, manufactured home, aircraft, equipment orparts.

NRS 108.272 Notice.

NRS 108.2725 Lienson mobile homes and manufactured homes: Additional requirements for notice.

NRS 108.273 Lienson mobile homes and manufactured homes: Forms of notices to be provided byManufactured Housing Division; use of forms.

NRS 108.2735 Lienson mobile homes and manufactured homes: Expiration.

NRS 108.274 Lienson aircraft: Statement of amount by claimant.

NRS 108.276 Lienson aircraft: Redelivery of property upon posting of bond.

NRS 108.278 Lienson aircraft: Application for redelivery of property or release of bond;hearing.

NRS 108.280 Lienholdersright not lost when vehicle, aircraft, trailer, recreational vehicle, mobile ormanufactured home or equipment removed from his control.

NRS 108.290 Priorityof lien; limitation on lien of landlord.

NRS 108.300 Liendoes not deprive claimant of other legal remedies; liability of insurancecompany for cost of repair and towing of vehicle upon notice.

NRS 108.310 Satisfactionof lien; sale by auction; disposition of proceeds.

NRS 108.315 Enforcementof lien for unpaid rent or utilities by landlord.

NRS 108.320 Paymentof lien and expenses before sale; delivery of property.

NRS 108.330 Remedyfor enforcing lien does not preclude other remedies.

NRS 108.340 Liabilityof claimant for failure to redeliver.

NRS 108.350 Validityof lien may be contested; liability of claimant after sale.

NRS 108.355 Contestingvalidity of lien on mobile home or manufactured home.

NRS 108.357 Administrativefine for violation of NRS 108.265 to 108.360, inclusive, or related regulation;deposit of fines; enforcement proceedings.

NRS 108.360 Penaltyfor incurring bill without authority or by misrepresentation.

JEWELERS AND WATCHMAKERS LIENS

NRS 108.370 Lienfor work and material furnished: Notice; sale; application of proceeds;lienholder may waive lien and sue for amount due.

COMMON CARRIERS AND DISPOSITION OF UNCLAIMED PROPERTY

NRS 108.380 Storageof unclaimed freight by carriers and warehousemen.

NRS 108.390 Failureof consignee to accept freight after notice releases carrier from further liability.

NRS 108.400 Serviceof notice.

NRS 108.410 Saleof perishable freight to satisfy lien.

NRS 108.420 Saleof unclaimed freight to pay charges: Notice; disposition of surplus; sales ofbaggage.

NRS 108.430 Dispositionof unclaimed surplus.

BAILEES FOR HIRE OF PROPERTY IN STORAGE

NRS 108.440 Rightof bailee to sell property on bailors failure to pay storage charges.

NRS 108.450 Noticeand advertisement of sale; redemption of property.

NRS 108.460 Dispositionof proceeds of sale.

NRS 108.470 Provisionsnot applicable to pawnbrokers or moneylenders.

LIENS OF OWNERS OF FACILITIES FOR STORAGE

NRS 108.473 Definitions.

NRS 108.4733 Facilitydefined.

NRS 108.4735 Occupantdefined.

NRS 108.474 Ownerdefined.

NRS 108.4743 Personalproperty defined.

NRS 108.4745 Rentalagreement defined.

NRS 108.475 Useof facility for residence prohibited; eviction; nature of facility; effect ofissuance of document of title for property.

NRS 108.4753 Lienof owner of facility; priority of lien created by document of title.

NRS 108.4755 Contentsof rental agreement.

NRS 108.476 Unpaidcharges: Termination of occupants right to use space; notice; imposition oflien.

NRS 108.4763 Ownersremedies upon nonpayment of charges; notice of sale; limit on earliest time forsale.

NRS 108.4765 Occupantsdeclaration of opposition to sale.

NRS 108.477 Saleof occupants property by owner: Advertisement; manner; distribution ofproceeds.

NRS 108.4773 Claimof property subject to security interest.

NRS 108.4775 Satisfactionof lien by person claiming interest in property.

NRS 108.478 Actionto enforce lien; enforcement of judgment; stay of enforcement pending appeal.

NRS 108.4783 Purchaserof property at sale to satisfy lien or enforce judgment takes free ofoccupants interest.

LIEN OF PROPRIETOR OF HOTEL, MOTEL, LODGINGHOUSE ORBOARDINGHOUSE

NRS 108.480 Lienon personal property; sale after 30 days after default.

NRS 108.490 Saleof baggage or property left at hotel, motel, lodginghouse or boardinghouse.

NRS 108.500 Salesat public auction: Notice; disposition of proceeds.

LIEN OF PROPRIETOR OF CHILD CARE ESTABLISHMENT

NRS 108.515 Lienon baggage or property left at establishment; sale of baggage or property;disposition of proceeds.

LIEN OF AGISTOR, FEEDER OR BREEDER

NRS 108.540 Lienupon animals; priority; demand for payment; foreclosure; penalty for taking ordriving away animal.

NRS 108.550 Foreclosureof lien; sale; disposition of proceeds.

NRS 108.560 Dispositionof livestock in settlement of pasturage or feed bills: Appraisement; sale;right of redemption.

NRS 108.570 Serviceof stallion: Lien on mare and offspring; penalties.

LIENS ON ORE DELIVERED TO CUSTOM MILLS OR REDUCTION WORKS

NRS 108.580 Personsselling ore to reduction works have preferred liens.

LIENS OF HOSPITALS

Lien on Judgment or Settlement

NRS 108.590 Extentof lien; exception; lien in addition to lien on property.

NRS 108.600 Limitationson extent of lien.

NRS 108.610 Noticeof lien required: Recording and service.

NRS 108.620 Formof notice.

NRS 108.640 Hospitalrecords: Examination; copying.

NRS 108.650 Paymentto injured person after notice of lien; liability and payment to hospital.

NRS 108.660 Foreclosureof lien.

 

Liens on Real Property

NRS 108.662 Extentof lien; notice of lien; amendment of notice.

NRS 108.665 Foreclosure:Manner; limitations.

NRS 108.668 Releaseof lien upon payment; demand by owner that hospital file suit to foreclose;penalty for failure to release lien.

LIENS ON VESSELS

NRS 108.670 Extentof lien; detention of vessel; priority of claims.

NRS 108.680 Rightof lienholder not lost when vessel removed from his control; seizure withoutprocess of law.

NRS 108.690 Amountby which lien exceeds $1,000 is secondary to perfected security interest.

NRS 108.700 Liendoes not deprive lienholder of other remedy.

NRS 108.710 Satisfactionof lien: Notice; sale by auction; disposition of proceeds.

NRS 108.720 Paymentof lien and expenses before sale.

NRS 108.730 Remedyfor enforcing lien does not preclude other remedies.

NRS 108.740 Lawfulsale releases lienholder.

NRS 108.750 Validityof lien may be contested; responsibility of lienholder to owner after sale tothird person.

NRS 108.760 Penaltyfor incurring bill without authority or by misrepresentation.

LIENS FOR CLEANING, PRESSING, GLAZING OR WASHING GARMENTS,CLOTHING, WEARING APPAREL OR HOUSEHOLD GOODS

NRS 108.770 Lienupon garments, clothing, wearing apparel or household goods for amount ofaccount due; lien to include value or agreed price of materials furnished.

NRS 108.780 Liensfor work done and for storage by agreement; exemption of warehousemen.

NRS 108.790 Salesby lienholders after notice.

NRS 108.800 Serviceor posting of notice; disposition of proceeds of sale.

NRS 108.810 Waiverof lien; action upon amount.

NRS 108.820 Noticesto be posted in business establishments.

FEDERAL LIEN REGISTRATION (UNIFORM ACT)

NRS 108.825 Shorttitle.

NRS 108.826 Applicability.

NRS 108.827 Federalliens: Place of filing.

NRS 108.829 Executionof notices and certificates.

NRS 108.831 Dutiesof filing officer.

NRS 108.833 Fees.

NRS 108.837 Uniformityof interpretation.

LIENS TO RECOVER BENEFITS PAID FOR MEDICAID

NRS 108.850 Petitionfor lien.

NRS 108.860 Signingand filing petition; notice; hearing; duty of Director of Department of Healthand Human Services to file notice of pendency of action and to serve notice oflien; contents of notice of lien; amendment of notice of lien.

NRS 108.870 Foreclosureof lien.

LIEN ON FARM PRODUCTS

NRS 108.880 Definitions.

NRS 108.881 Cashdefined.

NRS 108.882 Farmproduct defined.

NRS 108.883 Processedfarm product defined.

NRS 108.884 Processordefined.

NRS 108.885 Producerdefined.

NRS 108.887 Lienof producer.

NRS 108.888 Attachmentof lien; priority of lien.

NRS 108.889 Noticeof lien.

NRS 108.890 Extentof lien.

NRS 108.891 Releaseof lien: Provision of security; payment or arrangement for payment.

NRS 108.892 Releaseof lien: Additional methods; disposition of farm product.

NRS 108.893 Releaseof farm product or processed farm product by court.

NRS 108.894 Effectof judgment on lien.

NRS 108.895 Actionsto foreclose lien: Preliminary injunction.

NRS 108.896 Actionsto foreclose lien: Consolidation; equal standing of claims; judgment to stateexact amount due; judgments against sufficient quantity in value of farmproducts.

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MECHANICS AND MATERIALMENS LIENS

NRS 108.221 Definitions. As used in NRS 108.221to 108.246, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 108.22104 to 108.22188, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1965, 1159; A 1993, 2055; 1995,1506; 2003, 2595;2005, 1897)

NRS 108.22104 Agentof the owner defined. Agent of the ownermeans every architect, builder, contractor, engineer, geologist, land surveyor,lessee, miner, subcontractor or other person having charge or control of theproperty, improvement or work of improvement of the owner, or any part thereof.

(Added to NRS by 2003, 2587)

NRS 108.22108 Buildingdefined. Building means a primary buildingor other superstructure, together with all garages, outbuildings and otherstructures appurtenant thereto.

(Added to NRS by 2003, 2587)

NRS 108.22112 Commencementof construction defined. Commencement ofconstruction means the date on which:

1. Work performed; or

2. Materials or equipment furnished in connection witha work of improvement,

is visiblefrom a reasonable inspection of the site.

(Added to NRS by 2003, 2587)

NRS 108.22116 Completionof the work of improvement defined. Completionof the work of improvement means:

1. The occupation or use by the owner, an agent of theowner or a representative of the owner of the work of improvement, accompaniedby the cessation of all work on the work of improvement;

2. The acceptance by the owner, an agent of the owneror a representative of the owner of the work of improvement, accompanied by thecessation of all work on the work of improvement; or

3. The cessation of all work on a work of improvementfor 30 consecutive days, provided a notice of completion is timely recorded andserved and the work is not resumed under the same contract.

(Added to NRS by 2003, 2587)

NRS 108.22118 Constructioncontrol defined. Construction control hasthe meaning ascribed to it in NRS 627.050.

(Added to NRS by 2005, 1893)

NRS 108.2212 Contractdefined. Contract means a written or oralagreement, including all attachments and amendments thereto, for the provisionof work, materials or equipment for a work of improvement.

(Added to NRS by 2003, 2588)

NRS 108.22124 Equipmentdefined. Equipment means tools, machineryand vehicles, furnished or rented, which are used or to be used in the construction,alteration or repair of a work of improvement at the request of the owner or anagent of the owner.

(Added to NRS by 2003, 2588)

NRS 108.22128 Improvementdefined. Improvement means the development,enhancement or addition to property, by the provision of work, materials orequipment. The term includes, without limitation:

1. A building, railway, tramway, toll road, canal, waterditch, flume, aqueduct, reservoir, bridge, fence, street, sidewalk, fixtures orother structure or superstructure;

2. A mine or a shaft, tunnel, adit or otherexcavation, designed or used to prospect, drain or work a mine;

3. A system for irrigation, plants, sod or otherlandscaping;

4. The demolition or removal of existing improvements,trees or other vegetation;

5. The drilling of test holes;

6. Grading, grubbing, filling or excavating;

7. Constructing or installing sewers or other publicutilities; and

8. Constructing a vault, cellar or room undersidewalks or making improvements to the sidewalks in front of or adjoining theproperty.

(Added to NRS by 2003, 2588)

NRS 108.22132 Liendefined. Lien means the statutory rights andsecurity interest in a construction disbursement account established pursuantto NRS 108.2403, or property or anyimprovements thereon provided to a lien claimant by NRS 108.221 to 108.246, inclusive.

(Added to NRS by 2003, 2588; A 2005, 1897)

NRS 108.22136 Lienableamount defined. Lienable amount means theprincipal amount of a lien to which a lien claimant is entitled pursuant tosubsection 1 of NRS 108.222.

(Added to NRS by 2003, 2588)

NRS 108.2214 Lienclaimant defined. Lien claimant means anyperson who provides work, material or equipment with a value of $500 or more tobe used in or for the construction, alteration or repair of any improvement,property or work of improvement. The term includes, without limitation, everyartisan, builder, contractor, laborer, lessor or renter of equipment,materialman, miner, subcontractor or other person who provides work, materialor equipment, and any person who performs services as an architect, engineer,land surveyor or geologist, in relation to the improvement, property or work ofimprovement.

(Added to NRS by 2003, 2588)

NRS 108.22144 Materialdefined. Material means appliances, equipment,machinery and substances affixed, used or to be used, consumed or incorporatedin the improvement of property or the construction, alteration or repair of anyimprovement, property or work of improvement.

(Added to NRS by 2003, 2588; A 2005, 1897)

NRS 108.22148 Ownerdefined.

1. Owner includes:

(a) The record owner or owners of the property or animprovement to the property as evidenced by a conveyance or other instrumentwhich transfers that interest to him and is recorded in the office of thecounty recorder in which the improvement or the property is located;

(b) The reputed owner or owners of the property or animprovement to the property;

(c) The owner or owners of the property or animprovement to the property, as shown on the records of the county assessor forthe county where the property or improvement is located;

(d) The person or persons whose name appears as ownerof the property or an improvement to the property on the building permit;

(e) A person who claims an interest in or possessesless than a fee simple estate in the property;

(f) This State or a political subdivision of thisState, including, without limitation, an incorporated city or town, that ownsthe property or an improvement to the property if the property or improvementis used for a private or nongovernmental use or purpose; or

(g) A person described in paragraph (a), (b), (c), (d)or (e) who leases the property or an improvement to the property to this Stateor a political subdivision of this State, including, without limitation, anincorporated city or town, if the property or improvement is privately owned.

2. The term does not include:

(a) A mortgagee;

(b) A trustee or beneficiary of a deed of trust;

(c) The owner or holder of a lien encumbering the propertyor an improvement to the property; or

(d) Except as otherwise provided in paragraph (f) ofsubsection 1, this State or a political subdivision of this State, including,without limitation, an incorporated city or town.

(Added to NRS by 2003, 2588; A 2005, 1897)

NRS 108.22152 Noticeof lien defined. Notice of lien means anotice recorded pursuant to NRS 108.226to perfect a lien.

(Added to NRS by 2003, 2589)

NRS 108.22156 Prevailinglien claimant defined. Prevailing lienclaimant means a lien claimant to whom an amount is found due by a trier offact on a notice of lien or a claim against a surety bond.

(Added to NRS by 2003, 2589)

NRS 108.2216 Primecontract defined. Prime contract means a contractbetween a prime contractor and the owner or lessee of property about which thecontract relates.

(Added to NRS by 2003, 2589; A 2005, 1897)

NRS 108.22164 Primecontractor defined. Prime contractor means:

1. A person who contracts with an owner or a lessee ofproperty to provide work, materials or equipment to be used for the improvementof the property or in the construction, alteration or repair of a work ofimprovement; or

2. A person who is an owner of the property, is licensedas a general contractor pursuant to chapter 624of NRS and provides work, materials or equipment to be used for the improvementof the property or in the construction, alteration or repair of a work ofimprovement.

(Added to NRS by 2003, 2589; A 2005, 1898)

NRS 108.22168 Principaldefined. Principal, as pertaining to asurety bond, means the debtor of the lien claimant or a party in interest inthe property subject to the lien whose name and signature appear as principalon a surety bond.

(Added to NRS by 2003, 2589)

NRS 108.22172 Propertydefined. Property means the land, real propertyor mining claim of an owner for which a work of improvement was provided, includingall buildings, improvements and fixtures thereon, and a convenient space on,around and about the same, or so much as may be required for the convenient useand occupation thereof.

(Added to NRS by 2003, 2589)

NRS 108.22176 Suretydefined. Surety means a corporationauthorized to transact surety business in this state pursuant to NRS 679A.030 that:

1. Is included in the United States Department of theTreasurys Listing of Approved Sureties; and

2. Issues a surety bond pursuant to NRS 108.2413 to 108.2425, inclusive, that does not exceedthe underwriting limitations established for that surety by the United StatesDepartment of the Treasury.

(Added to NRS by 2003, 2589)

NRS 108.2218 Suretybond defined. Surety bond means a bondissued by a surety for the release of a prospective or existing lien pursuantto NRS 108.2413 to 108.2425, inclusive.

(Added to NRS by 2003, 2589; A 2005, 1898)

NRS 108.22184 Workdefined. Work means the planning, design, geotechnicaland environmental investigations, surveying, labor and services provided by alien claimant for the construction, alteration or repair of any improvement,property or work of improvement whether the work is completed or partially completed.

(Added to NRS by 2003, 2589)

NRS 108.22188 Workof improvement defined. Work of improvementmeans the entire structure or scheme of improvement as a whole, including,without limitation, all work, materials and equipment to be used in or for theconstruction, alteration or repair of the property or any improvement thereon,whether under multiple prime contracts or a single prime contract except asfollows:

1. If a scheme of improvement consists of theconstruction of two or more separate buildings and each building is constructedupon a separate legal parcel of land and pursuant to a separate prime contractfor only that building, then each building shall be deemed a separate work ofimprovement; and

2. If the improvement of the site is provided for in aprime contract that is separate from all prime contracts for the constructionof one or more buildings on the property, and if the improvement of the site wascontemplated by the contracts to be a separate work of improvement to becompleted before the commencement of construction of the buildings, theimprovement of the site shall be deemed a separate work of improvement from theconstruction of the buildings and the commencement of construction of theimprovement of the site does not constitute the commencement of construction ofthe buildings. As used in this subsection, improvement of the site means thedevelopment or enhancement of the property, preparatory to the commencement ofconstruction of a building, and includes:

(a) The demolition or removal of improvements, trees orother vegetation;

(b) The drilling of test holes;

(c) Grading, grubbing, filling or excavating;

(d) Constructing or installing sewers or other publicutilities; or

(e) Constructing a vault, cellar or room undersidewalks or making improvements to the sidewalks in front of or adjoining theproperty.

(Added to NRS by 2003, 2590)

NRS 108.222 Lienon property, improvements and construction disbursement account; amount oflien; lien not available to unlicensed contractor or professional who must belicensed to perform work.

1. Except as otherwise provided in subsection 2, alien claimant has a lien upon the property, any improvements for which thework, materials and equipment were furnished or to be furnished, and anyconstruction disbursement account established pursuant to NRS 108.2403, for:

(a) If theparties agreed, by contract or otherwise, upon a specific price or method fordetermining a specific price for some or all of the work, material andequipment furnished or to be furnished by or through the lien claimant, theunpaid balance of the price agreed upon for such work, material or equipment,as the case may be, whether performed, furnished or to be performed orfurnished at the instance of the owner or his agent; and

(b) If the parties did not agree, by contract orotherwise, upon a specific price or method for determining a specific price forsome or all of the work, material and equipment furnished or to be furnished byor through the lien claimant, including, without limitation, any additional orchanged work, material or equipment, an amount equal to the fair market valueof such work, material or equipment, as the case may be, including a reasonableallowance for overhead and a profit, whether performed, furnished or to beperformed or furnished at the instance of the owner or at the instance of hisagent.

2. If a contractor or professional is required to belicensed pursuant to the provisions of NRS to perform his work, the contractoror professional will only have a lien pursuant to subsection 1 if he islicensed to perform the work.

(Added to NRS by 1965, 1159; A 1987, 98; 1993, 2055;1997, 2691; 2003,2595; 2005, 1898)

NRS 108.225 Priorityof liens.

1. The liens provided for in NRS 108.221 to 108.246, inclusive, are preferred to:

(a) Any lien, mortgage or other encumbrance which mayhave attached to the property after the commencement of construction of a workof improvement.

(b) Any lien, mortgage or other encumbrance of whichthe lien claimant had no notice and which was unrecorded against the propertyat the commencement of construction of a work of improvement.

2. Every mortgage or encumbrance imposed upon, orconveyance made of, property affected by the liens provided for in NRS 108.221 to 108.246, inclusive, after the commencementof construction of a work of improvement are subordinate and subject to theliens provided for in NRS 108.221 to 108.246, inclusive, regardless of the dateof recording the notices of liens.

(Added to NRS by 1965, 1160; A 1993, 2056; 1995,1506; 2003, 2596)

NRS 108.226 Perfectionof lien: Time for recording notice of lien; contents of notice of lien;verification; penalty for certain false statements; form for notice of lien;notice of intent to lien required under certain circumstances.

1. To perfect his lien, a lien claimant must recordhis notice of lien in the office of the county recorder of the county where theproperty or some part thereof is located in the form provided in subsection 5:

(a) Within 90 days after the date on which the latestof the following occurs:

(1) The completion of the work of improvement;

(2) The last delivery of material or furnishingof equipment by the lien claimant for the work of improvement; or

(3) The last performance of work by the lienclaimant for the work of improvement; or

(b) Within 40 days after the recording of a validnotice of completion, if the notice of completion is recorded and served in themanner required pursuant to NRS 108.228.

2. The notice of lien must contain:

(a) A statement of the lienable amount after deductingall just credits and offsets.

(b) The name of the owner if known.

(c) The name of the person by whom he was employed orto whom he furnished the material or equipment.

(d) A brief statement of the terms of payment of hiscontract.

(e) A description of the property to be charged withthe notice of lien sufficient for identification.

3. The notice of lien must be verified by the oath ofthe lien claimant or some other person. The notice of lien need not beacknowledged to be recorded.

4. It is unlawful for a person knowingly to make afalse statement in or relating to the recording of a notice of lien pursuant tothe provisions of this section. A person who violates this subsection is guiltyof a gross misdemeanor and shall be punished by a fine of not less than $5,000nor more than $10,000.

5. A notice of lien must be substantially in thefollowing form:

 

Assessors Parcel Numbers

 

NOTICE OF LIEN

 

The undersigned claims a lien upon the property described inthis notice for work, materials or equipment furnished or to be furnished forthe improvement of the property:

1. The amount of the original contract is: $...........................................................................

2. The total amount of all additional or changed work,materials and equipment, if any, is: $

3. The total amount of all payments received to date is: $..................................................

4. The amount of the lien, after deducting all just creditsand offsets, is: $.....................

5. The name of the owner, if known, of the property is: .....................................................

6. The name of the person by whom the lien claimant wasemployed or to whom the lien claimant furnished or agreed to furnish work,materials or equipment is: .........................................................................................................

7. A brief statement of the terms of payment of the lienclaimants contract is: .............

.......................................................................................................................................................

8. A description of the property to be charged with the lienis: ........................................

 

.............................................................

(PrintName of Lien Claimant)

 

By:.......................................................

(AuthorizedSignature)

 

State of Nevada )

)ss.

County of ............................................ )

 

............................................... (printname), being first duly sworn on oath according to law, deposes and says:

I have read the foregoing Notice of Lien, know thecontents thereof and state that the same is true of my own personal knowledge,except those matters stated upon information and belief, and, as to thosematters, I believe them to be true.

 

...............................................................................

(AuthorizedSignature of Lien Claimant)

 

Subscribed and sworn to before me

this ...... day of the month of ............... of the year.......

 

...............................................................................

Notary Public in and for

the County and State

 

6. Except as otherwise provided in subsection 7, if awork of improvement involves the construction, alteration or repair ofmultifamily or single-family residences, including, without limitation,apartment houses, a lien claimant, except laborers, must serve a 15-day noticeof intent to lien incorporating substantially the same information required ina notice of lien upon both the owner and the reputed prime contractor beforerecording a notice of lien. Service of the notice of intent to lien must be bypersonal delivery or certified mail and will extend the time for recording thenotice of lien described in subsection 1 by 15 days. A notice of lien formaterials or equipment furnished or to be furnished for work or servicesperformed or to be performed, except labor, for a work of improvement involvingthe construction, alteration or repair of multifamily or single-familyresidences may not be perfected or enforced pursuant to NRS 108.221 to 108.246, inclusive, unless the 15-daynotice of intent to lien has been given to the owner.

7. The provisions of subsection 6 do not apply to theconstruction of any nonresidential construction project.

(Added to NRS by 1965, 1160; A 1971, 367; 1995, 1507;1997, 2692; 2003,2597; 2005, 1898)

NRS 108.227 Serviceof copy of notice of lien.

1. In addition to the requirements of NRS 108.226, a copy of the notice of lienmust be served upon the owner of the property within 30 days after recordingthe notice of lien, in one of the following ways:

(a) By personally delivering a copy of the notice oflien to the owner or resident agent of the owner;

(b) By mailinga copy of the notice of lien by certified mail return receipt requested to theowner at his place of residence or his usual place of business or to theresident agent of the owner at the address of the resident agent; or

(c) If the place of residence or business of the ownerand the address of the resident agent of the owner, if applicable, cannot bedetermined, by:

(1) Fixing a copy of the notice of lien in aconspicuous place on the property;

(2) Delivering a copy of the notice of lien to aperson there residing, if such a person can be found; and

(3) Mailing a copy of the notice of lienaddressed to the owner at:

(I) The place where the property islocated;

(II)The address of the owner as identified in the deed;

(III)The address identified in the records of the office of the county assessor; or

(IV)The address identified in the records of the county recorder of the county inwhich the property is located.

2. If there is more than one owner, failure to serve acopy of the notice of lien upon a particular owner does not invalidate a noticeof lien if properly served upon another owner.

3. Each subcontractor who participates in theconstruction, improvement, alteration or repair of a work of improvement shalldeliver a copy of each notice of lien required by NRS 108.226 to the prime contractor. Thefailure of a subcontractor to deliver the notice to the prime contractor is aground for disciplinary proceedings pursuant to chapter624 of NRS.

(Added to NRS by 1965, 1161; A 1969, 1099; 1987, 99; 2003, 2599)

NRS 108.2275 Frivolousor excessive notice of lien: Motion; hearing; consequences of failure toappear; effect on action to foreclose; order; appeal; recording of certifiedcopy of order releasing or reducing notice of lien.

1. The debtor of the lien claimant or a party ininterest in the property subject to the notice of lien who believes the noticeof lien is frivolous and was made without reasonable cause, or that the amountof the notice of lien is excessive, may apply by motion to the district courtfor the county where the property or some part thereof is located for an orderdirecting the lien claimant to appear before the court to show cause why therelief requested should not be granted.

2. The motion must:

(a) Set forth in detail the legal and factual groundsupon which relief is requested; and

(b) Be supported by:

(1) A notarized affidavit signed by theapplicant setting forth a concise statement of the facts upon which the motionis based; and

(2) Documentaryevidence in support of the affidavit, if any.

3. If the court issues an order for a hearing, theapplicant shall serve notice of the application and order of the court on thelien claimant within 3 days after the court issues the order. The court shallconduct the hearing within not less than 15 days or more than 30 days after thecourt issues the order for a hearing.

4. The order for a hearing must include a statementthat if the lien claimant fails to appear at the time and place noted, thenotice of lien will be released with prejudice and the lien claimant will beordered to pay the reasonable costs the applicant incurs in bringing themotion, including reasonable attorneys fees.

5. If, at the time the application is filed, an actionto foreclose the notice of lien has not been filed, the clerk of the courtshall assign a number to the application and obtain from the applicant a filingfee of $85. If an action has been filed to foreclose the notice of lien beforethe application was filed pursuant to this section, the application must bemade a part of the action to foreclose the notice of lien.

6. If, after a hearing on the matter, the courtdetermines that:

(a) The notice of lien is frivolous and was madewithout reasonable cause, the court shall make an order releasing the lien andawarding costs and reasonable attorneys fees to the applicant for bringing themotion.

(b) The amount of the notice of lien is excessive, thecourt may make an order reducing the notice of lien to an amount deemedappropriate by the court and awarding costs and reasonable attorneys fees tothe applicant for bringing the motion.

(c) The notice of lien is not frivolous and was madewith reasonable cause or that the amount of the notice of lien is notexcessive, the court shall make an order awarding costs and reasonableattorneys fees to the lien claimant for defending the motion.

7. Proceedings conducted pursuant to this section donot affect any other rights and remedies otherwise available to the parties.

8. An appeal may be taken from an order made pursuantto subsection 6. A stay may not be granted if the district court does notrelease the lien pursuant to subsection 6.

9. If an order releasing or reducing a notice of lienis entered by the court, and the order is not stayed, the applicant may, within5 days after the order is entered, record a certified copy of the order in theoffice of the county recorder of the county where the property or some partthereof is located. The recording of a certified copy of the order releasing orreducing a notice of lien is notice to any interested party that the notice oflien has been released or reduced.

(Added to NRS by 1995, 1505; A 1997, 2693; 2003, 2600; 2005, 1900)

NRS 108.228 Noticeof completion: Recording; contents; verification; delivery of copy to eachprime contractor and potential lien claimant; effect of failure to deliver copyto prime contractor or lien claimant.

1. The owner may record a notice of completion afterthe completion of the work of improvement.

2. The notice of completion must be recorded in theoffice of the county recorder of the county where the property is located andmust set forth:

(a) The date of completion of the work of improvement.

(b) The owners name or owners names, as the case maybe, the address of the owner or addresses of the owners, as the case may be,and the nature of the title, if any, of the person signing the notice.

(c) A description of the property sufficient foridentification.

(d) The name of the prime contractor or names of theprime contractors, if any.

3. The notice must be verified by the owner or by someother person on his behalf. The notice need not be acknowledged to be recorded.

4. Upon recording the notice pursuant to this section,the owner shall, within 10 days after the notice is recorded, deliver a copy ofthe notice by certified mail, to:

(a) Each prime contractor with whom the ownercontracted for all or part of the work of improvement.

(b) Eachpotential lien claimant who, before the notice was recorded pursuant to thissection, either submitted a request to the owner to receive the notice ordelivered a preliminary notice of right to lien pursuant to NRS 108.245.

5. The failure of the owner to deliver a copy of thenotice of completion in the time and manner provided in this section rendersthe notice of completion ineffective with respect to each prime contractor andlien claimant to whom a copy was required to be delivered pursuant tosubsection 4.

(Added to NRS by 1965, 1161; A 1989, 900; 1993, 853;1995, 1508; 2003,2601)

NRS 108.229 Recordingand service of amended notice of lien; variances; errors or mistakes do notdefeat lien; exceptions; amendments; substitution of defendants; sufficiency ofnotice of lien.

1. At any timebefore or during the trial of any action to foreclose a lien, a lien claimantmay record an amended notice of lien to correct or clarify his notice of lien.The lien claimant shall serve the owner of the property with an amended noticeof lien in the same manner as required for serving a notice of lien pursuant toNRS 108.227 and within 30 days afterrecording the amended notice of lien. A variance between a notice of lien andan amended notice of lien does not defeat the lien and shall not be deemedmaterial unless the variance:

(a) Resultsfrom fraud or is made intentionally; or

(b) Misleads anadverse party to his prejudice, but then only with respect to the adverse partywho was prejudiced.

2. Upon the trial of any action or suit to foreclose alien, a variance between the lien and the proof does not defeat the lien andshall not be deemed material unless the variance:

(a) Results from fraud or is made intentionally; or

(b) Misleads the adverse party to his prejudice, butthen only with respect to the adverse party who was prejudiced.

In all casesof immaterial variance the notice of lien may be amended, by amendment dulyrecorded, to conform to the proof.

3. An error ormistake in the name of the owner contained in any notice of lien does notdefeat the lien, unless a correction of the notice of lien in a particular instancewould prejudice the rights of an innocent bona fide purchaser or encumbrancerfor value, but then only with respect to the bona fide purchaser or encumbrancerfor value who was prejudiced.

4. Upon the trial, if it appears that an error ormistake has been made in the name of the owner or that the wrong person hasbeen named as owner in any notice of lien, the court shall order an amendednotice of lien to be recorded with the county recorder where the originalnotice of lien was recorded and shall issue to the person who is so made toappear to be the original owner a notice directing the person or persons to beand appear before the court within the same time as is provided by Nevada Rulesof Civil Procedure for the appearance in other actions after the service ofsummons, which notice must be served in all respects as a summons is requiredto be served, and to show cause why:

(a) He should not be substituted as the correct ownerin the notice of lien and in the suit, in lieu of the person so made defendantand alleged to be owner by mistake.

(b) He should not be bound by the judgment or decree ofthe court. Such proceedings must be had therein as though the party so cited toappear had been an original party defendant in the action or suit, andoriginally named in the notice of lien as owner, and the rights of all partiesmust thereupon be fully adjudicated.

5. A notice of lien which contains therein thedescription of the property supplied by and set forth in the notice ofcompletion recorded pursuant to NRS 108.228must, for all purposes, be sufficient as a description of the actual propertyupon which the work was performed or materials or equipment were supplied, andamendment of the notice of lien or amendment of the pleading filed by the lienclaimant in a foreclosure action, or both, may be made to state the correctdescription, and the corrected description relates back to the time ofrecording the notice of lien, unless a correction of the notice of lien in aparticular instance would prejudice the rights of an innocent bona fidepurchaser or encumbrancer for value, but then only with respect to the bonafide purchaser or encumbrancer for value who was prejudiced.

(Added to NRS by 1965, 1162; A 2003, 2602)

NRS 108.231 Noticeof lien against two or more separate buildings or mining claims: Designation ofamount due on each; effect of failure to designate amount due on each.

1. In every case in which a notice of lien is recordedagainst two or more separate buildings or mining claims that are owned by thesame person and that are located on separate legal parcels that existed at thecommencement of construction, the lien claimant must, at the time of recordingthe notice of lien, designate the lienable amount due to him on each buildingor mining claim.

2. The lien ofa lien claimant only applies to the lienable amount designated in the notice oflien, plus all amounts that may be awarded by the court pursuant to NRS 108.237, as against other creditorshaving liens by judgment or otherwise, upon the buildings or mining claims.However, the lienable amount chargeable to the interest of the owner in eachbuilding must be the total amount of the lien claimants notice of lien,without regard to the proportionate amount designated to each separate buildingin the lien claimants notice of lien, plus all amounts that may be awarded bythe court pursuant to NRS 108.237, butupon the trial thereof, the court may, where it deems it equitable to do so,distribute the lien equitably as among the several buildings involved.

3. If a lien claimant fails to designate in his noticeof lien the amount due to him on each separate building as provided insubsection 1, the lien claimants notice of lien must be postponed to thenotices of lien of other lien claimants and other encumbrancers for value whohave designated the amount due on each building or mining claim but must not beinferior to any rights or interests of the owner. For purposes of thissubsection, a lien claimants lien must not be postponed to other liens orencumbrances if the lien claimants designation among the parcels was estimatedby the lien claimant in good faith or was based upon a pro rata division of thetotal lienable amount.

(Added to NRS by 1965, 1163; A 2003, 2603)

NRS 108.232 Noticeof lien to be recorded; fees of recorder. Thecounty recorder of the county in which property that is subject to a lien islocated must record the notice of lien in a book kept by him for that purpose,which record must be indexed as deeds and other conveyances are required by lawto be indexed, and for which he may receive the same fees as are allowed by lawfor recording deeds and other instruments.

(Added to NRS by 1965, 1163; A 2003, 2604)

NRS 108.233 Durationof lien.

1. A lien provided for in NRS 108.221 to 108.246, inclusive, must not bind theproperty subject to the lien for a period longer than 6 months after the dateon which the notice of lien was recorded, unless:

(a) Proceedings are commenced in a proper court withinthat time to enforce the same; or

(b) The time to commence the action is extended by awritten instrument signed by the lien claimant and by a person or persons ininterest in the property subject to the lien, in which event, and as to onlythat person or those persons in interest signing the agreement, the time isextended, but no extension is valid unless in writing and recorded in thecounty recorders office in which the notice of lien is recorded and unless theextension agreement is recorded within the 6-month period. The extensionagreement, to be recorded, must be acknowledged as required by law for theacknowledgment of deeds. An action may be commenced within the extended timeonly against the persons signing the extension agreement and only as to theirinterests in the property are affected, and upon the lapse of the timespecified in the extension agreement, an action may not thereafter becommenced, nor may a second extension be given.

2. For all purposes, a notice of lien shall be deemedto have expired as a lien against the property after the lapse of the 6-monthperiod provided in subsection 1, and the recording of a notice of lien does notprovide actual or constructive notice after the lapse of the 6-month period andas a lien on the property referred to in the notice of lien, unless, before thelapse of the 6-month period an extension agreement has been recorded, in whichevent, the lien will only continue as a lien on the interests of those personssigning the extension for the period specified in the extension. An extensionmust not be given for a period in excess of 1 year beyond the date on which thenotice of lien is recorded.

3. If there are other notices of lien outstandingagainst the property, an extension must not be given upon a notice of lienwhich will tend to delay or postpone the collection of other liens evidenced bya notice of lien or encumbrances against the property.

(Added to NRS by 1965, 1163; A 2003, 2604)

NRS 108.234 Recordingof notice of nonresponsibility by disinterested owner; contents and validity ofnotice of nonresponsibility; service of notice of nonresponsibility upon lesseeand prime contractor; prime contractors obligations upon receipt of notice ofnonresponsibility; effect of owners failure to comply with provisions of thissection.

1. Except as otherwise provided in subsection 2, everyimprovement constructed, altered or repaired upon property shall be deemed tohave been constructed, altered or repaired at the instance of each owner havingor claiming any interest therein, and the interest owned or claimed must besubject to each notice of lien recorded in accordance with the provisions of NRS 108.221 to 108.246, inclusive.

2. The interest of a disinterested owner in anyimprovement and the property upon which an improvement is constructed, alteredor repaired is not subject to a notice of lien if the disinterested owner,within 3 days after he first obtains knowledge of the construction, alterationor repair, or the intended construction, alteration or repair, gives noticethat he will not be responsible for the improvement by recording a notice inwriting to that effect with the county recorder of the county where the propertyis located and, in the instance of a disinterested owner who is:

(a) A lessor, the notice of nonresponsibility shall bedeemed timely recorded if the notice is recorded within 3 days immediatelyfollowing the effective date of the lease or by the time of the execution ofthe lease by all parties, whichever occurs first; or

(b) Anoptionor, the notice of nonresponsibility shall be deemed timely recorded ifthe notice is recorded within 3 days immediately following the date on whichthe option is exercised in writing.

3. To beeffective and valid, each notice of nonresponsibility recorded pursuant to thissection must identify:

(a) The namesand addresses of the disinterested owner and the person who is causing the workof improvement to be constructed, altered or repaired;

(b) Thelocation of the improvement and the address and legal description of theproperty upon which the improvement is or will be constructed, altered orrepaired;

(c) The nature and extent of the disinterested ownersinterest in the improvement and the property upon which the improvement is orwill be constructed, altered or repaired;

(d) The date on which the disinterested owner firstlearned of the construction, alteration or repair of the improvement that isthe subject of the notice of nonresponsibility; and

(e) Whether the disinterested owner has notified thelessee in writing that the lessee must comply with the requirements of NRS 108.2403.

4. To be effective and valid, each notice ofnonresponsibility that is recorded by a lessor pursuant to this section must beserved by personal delivery or by certified mail, return receipt requested:

(a) Upon the lessee within 10 days after the date onwhich the notice of nonresponsibility is recorded pursuant to subsection 2; and

(b) Upon the prime contractor for the work ofimprovement within 10 days after the date on which the lessee contracts withthe prime contractor for the construction, alteration or repair of the work ofimprovement.

5. If the prime contractor for the work of improvementreceives a notice of nonresponsibility pursuant to paragraph (b) of subsection4, the prime contractor shall:

(a) Post a copy of the notice of nonresponsibility inan open and conspicuous place on the property within 3 days after his receiptof the notice of nonresponsibility; and

(b) Serve a copy of the notice of nonresponsibility bypersonal delivery, facsimile or by certified mail, return receipt requested,upon each lien claimant from whom he received a notice of right to lien, within10 days after his receipt of the notice of nonresponsibility or a notice ofright to lien, whichever occurs later.

6. An owner who does not comply with the provisions ofthis section may not assert any claim that his interest in any improvement andthe property upon which an improvement is constructed, altered or repaired isnot subject to or is immune from the attachment of a lien pursuant to NRS 108.221 to 108.246, inclusive.

7. As used in this section, disinterested ownermeans an owner who:

(a) Does not record a notice of waiver as provided in NRS 108.2405; and

(b) Does not personally or through his agent orrepresentative, directly or indirectly, contract for or cause a work ofimprovement, or any portion thereof, to be constructed, altered or repairedupon the property or an improvement of the owner.

The term does not include an ownerwho is a lessor if the lessee fails to satisfy the requirements set forth in NRS 108.2403 and 108.2407.

(Added to NRS by 1965, 1163; A 2001, 1752; 2003, 2605; 2005, 1901)

NRS 108.235 Amountrecoverable by prime contractor; payment of all liens by prime contractor;defense of action on notice of lien; withholding or deduction of money byowner.

1. A primecontractor:

(a) Upon anotice of lien, may recover the lienable amount as may be due to him, plus allamounts that may be awarded to him by the court pursuant to NRS 108.237; and

(b) Upon receipt of the amount described in paragraph(a), shall pay all liens for the work, equipment or materials which werefurnished or to be furnished to him as provided in NRS 108.221 to 108.246, inclusive.

2. In all cases where a prime contractor has been paidfor the work, materials or equipment which are the subject of a notice of lienrecorded under NRS 108.221 to 108.246, inclusive, the prime contractorshall defend the owner in any action brought thereupon at his own expense.

3. Except as otherwise provided in this subsection, ifa lien claimant records a notice of lien for the work, equipment or materialsfurnished or to be furnished to the prime contractor, the owner may withholdfrom the prime contractor the amount of money for which the lien claimantsnotice of lien is recorded. If the lien claimants notice of lien resulted fromthe owners failure to pay the prime contractor for the lien claimants work,materials or equipment, the owner shall not withhold the amount set forth inthe notice of lien from the prime contractor if the prime contractor or lienclaimant tenders a release of the lien claimants lien to the owner. In case ofjudgment against the owner or his property which is the subject of the lien,the owner may deduct, from any amount due or to become due by him to the primecontractor, the amount paid by the owner to the lien claimant for which theprime contractor was liable and recover back from the prime contractor anyamount so paid by the owner in excess of the amount the court has found thatthe owner owes to the prime contractor.

(Added to NRS by 1965, 1164; A 2003, 2606; 2005, 1903)

NRS 108.236 Courtmust declare rank of lien claimants or class of lien claimants; application ofproceeds.

1. In every case in which different liens are assertedagainst any property, the court, in the judgment, must declare the rank of eachlien claimant or class of lien claimants in the following order:

(a) First: All labor whether performed at the instanceor direction of the owner, the subcontractor or the prime contractor.

(b) Second: Material suppliers and lessors ofequipment.

(c) Third: Allother lien claimants who have performed their work, in whole or in part, undercontract with the prime contractor or any subcontractor.

(d) Fourth: All other lien claimants.

2. The proceeds of the sale of the property must beapplied to each lien claimant or class of lien claimants in the order of itsrank.

(Added to NRS by 1965, 1164; A 1993, 2056; 2003, 2607)

NRS 108.237 Awardof lienable amount, cost of preparing and recording notice of lien, costs ofproceedings and representation and other amounts to prevailing lien claimant;calculation of interest; award of costs and attorneys fees when lien claim notupheld.

1. The court shall award to a prevailing lienclaimant, whether on its lien or on a surety bond, the lienable amount founddue to the lien claimant by the court and the cost of preparing and recordingthe notice of lien, including, without limitation, attorneys fees, if any, andinterest. The court shall also award to the prevailing lien claimant, whetheron its lien or on a surety bond, the costs of the proceedings, including,without limitation, reasonable attorneys fees, the costs for representation ofthe lien claimant in the proceedings, and any other amounts as the court mayfind to be justly due and owing to the lien claimant.

2. The courtshall calculate interest for purposes of subsection 1 based upon:

(a) The rate ofinterest agreed upon in the lien claimants contract; or

(b) If a rate of interest is not provided in the lienclaimants contract, interest at a rate equal to the prime rate at the largestbank in Nevada, as ascertained by the Commissioner of Financial Institutions,on January 1 or July 1, as the case may be, immediately preceding the date ofjudgment, plus 4 percent, on the amount of the lien found payable. The rate ofinterest must be adjusted accordingly on each January 1 and July 1 thereafteruntil the amount of the lien is paid.

Interest ispayable from the date on which the payment is found to have been due, asdetermined by the court.

3. If the lien claim is not upheld, the court mayaward costs and reasonable attorneys fees to the owner or other persondefending against the lien claim if the court finds that the notice of lien waspursued by the lien claimant without a reasonable basis in law or fact.

(Added to NRS by 1965, 1165; A 1981, 1859; 1987, 941;2003, 2607; 2005, 1904)

NRS 108.238 Rightto maintain civil action or submit controversy to arbitration not impaired. The provisions of NRS108.221 to 108.246, inclusive, mustnot be construed to impair or affect the right of a lien claimant to whom anydebt may be due for work, materials or equipment furnished to maintain a civilaction to recover that debt against the person liable therefor or to submit anycontroversy arising under a contract to arbitration to recover that amount.

(Added to NRS by 1965, 1165; A 2003, 2608)

NRS 108.239 Actionto enforce notice of lien: Complaint; required notices; joinder of personsholding or claiming notice of lien; consolidation of actions; hearing andjudgment; preferential trial setting; binding arbitration; sale of property.

1. A notice of lien may be enforced by an action inany court of competent jurisdiction that is located within the county where theproperty upon which the work of improvement is located, on setting out in thecomplaint the particulars of the demand, with a description of the property tobe charged with the lien.

2. At the time of filing the complaint and issuing thesummons, the lien claimant shall:

(a) File a notice of pendency of the action in themanner provided in NRS 14.010; and

(b) Cause a notice of foreclosure to be published atleast once a week for 3 successive weeks, in one newspaper published in thecounty, and if there is no newspaper published in the county, then in such modeas the court may determine, notifying all persons holding or claiming a noticeof lien pursuant to the provisions of NRS108.221 to 108.246, inclusive, onthe property to file with the clerk and serve on the lien claimant and also onthe defendant, if the defendant is within the State or is represented bycounsel, written statements of the facts constituting their liens, togetherwith the dates and amounts thereof.

3. All persons holding or claiming a notice of lienmay join a lien claimants action by filing a statement of facts within areasonable time after publication of the notice of foreclosure or receivingnotice of the foreclosure, whichever occurs later. Any number of persons claimingliens may join in the same action if they timely file a statement of facts inthe lien claimants action. The lien claimant and other parties adverselyinterested must be allowed 20 days to answer the statements.

4. If it appears from the records of the countyrecorder that there are other notices of lien recorded against the sameproperty at the time of the commencement of the action, the lien claimantshall, in addition to and after the initial publication of the notice offoreclosure as provided in paragraph (b) of subsection 2, mail to those otherlien claimants, by registered or certified mail, or deliver in person a copy ofthe notice of foreclosure as published.

5. At the time of any change in the venue of theaction, the lien claimant shall file a notice of pendency of the action, in themanner provided in NRS 14.010, andinclude in the notice the court and county to which the action is changed.

6. When separate actions are commenced by lienclaimants to foreclose on their respective notices of lien, the court mayconsolidate all the actions. The consolidation does not affect or change thepriority of lien claims.

7. The court shall enter judgment according to theright of the parties, and shall, by decree, proceed to hear and determine theclaims in a summary way, or may, if it be the district court, refer the claimsto a special master to ascertain and report upon the liens and the amount justlydue thereon. No consequential damages may be recovered in an action pursuant tothis section. All liens not so exhibited shall be deemed to be waived in favorof those which are so exhibited.

8. Uponpetition by a lien claimant for a preferential trial setting:

(a) The courtshall give preference in setting a date for the trial of an action broughtpursuant to this section; and

(b) If a lienaction is designated as complex by the court, the court may take into accountthe rights and claims of all lien claimants in setting a date for thepreferential trial.

9. If thelienable amount of a lien claimants lien is the subject of binding arbitration:

(a) The courtmay, at the request of a party to the arbitration, stay the lien claimantsaction to foreclose the lien pending the outcome of the binding arbitration. Ifthe foreclosure on the lien involves the rights of other lien claimants orpersons whose claims are not the subject of the binding arbitration, the courtmay stay the lien claimants foreclosure proceeding only upon terms which arejust and which afford the lien claimant a fair opportunity to protect his lienrights and priorities with respect to other lien claimants and persons.

(b) Upon thegranting of an award by the arbitrator, any party to the arbitration may seekan order from the court in the action to foreclose on the lien confirming oradopting the award and determining the lienable amount of the lien claimantslien in accordance with the order, if any. Upon determining the lienableamount, the court shall enter a judgment or decree for the lienable amount,plus all amounts that may be awarded by the court to the lien claimant pursuantto NRS 108.237, and the court mayinclude as part of the lien all costs and attorneys fees awarded to the lienclaimant by the arbitrator and all costs and attorneys fees incurred by thelien claimant pertaining to any application or motion to confirm, adopt, modifyor correct the award of the arbitrator. A judgment or decree entered by thecourt pursuant to this subsection may be enforced against the property asprovided in subsections 10, 11 and 12.

10. On ascertaining the whole amount of the liens withwhich the property is justly chargeable, as provided in NRS 108.221 to 108.246, inclusive, the court shall causethe property to be sold in satisfaction of all liens and the costs of sale,including all amounts awarded to all lien claimants pursuant to NRS 108.237, and any party in whose favorjudgment may be rendered may cause the property to be sold within the time andin the manner provided for sales on execution, issued out of any districtcourt, for the sale of real property.

11. If the proceeds of sale, after payment of the costsof sale, are not sufficient to satisfy all liens to be included in the decreeof sale, including all amounts awarded to all lien claimants pursuant to NRS 108.237, the proceeds must be apportionedaccording to the right of the various lien claimants. If the proceeds of thesale amount to more than the sum of all liens and the cost of sale, theremainder must be paid over to the owner of the property.

12. Each party whose claim is not satisfied in themanner provided in this section is entitled to personal judgment for theresidue against the party legally liable for it if that person has beenpersonally summoned or has appeared in the action.

(Added to NRS by 1965, 1165; A 1969, 728; 1981, 175;1983, 1848; 1989, 628; 1997, 2694; 2003, 2608; 2005, 1904)

NRS 108.2403 Lesseeto record notice of posted security and either establish constructiondisbursement account or record surety bond before beginning work ofimprovement; contents of notice of posted security and service thereof; effectof failure to comply with requirements; rights and remedies additional.

1. Except as otherwise provided in NRS 108.2405, before a lessee may cause awork of improvement to be constructed, altered or repaired upon property thathe is leasing, the lessee shall:

(a) Record a notice of posted security with the countyrecorder of the county where the property is located upon which the improvementis or will be constructed, altered or repaired; and

(b) Either:

(1) Establish a construction disbursementaccount and:

(I) Fund the account in an amount equal tothe total cost of the work of improvement, but in no event less than the totalamount of the prime contract;

(II) Obtain the services of a constructioncontrol to administer the construction disbursement account; and

(III) Notify each person who gives thelessee a notice of right to lien of the establishment of the constructiondisbursement account as provided in paragraph (f) of subsection 2; or

(2) Record a surety bond for the prime contractthat meets the requirements of subsection 2 of NRS 108.2415 and notify each person whogives the lessee a notice of right to lien of the recording of the surety bondas provided in paragraph (f) of subsection 2.

2. The notice of posted security required pursuant tosubsection 1 must:

(a) Identify the name and address of the lessee;

(b) Identify the location of the improvement and theaddress, legal description and assessors parcel number of the property uponwhich the improvement is or will be constructed, altered or repaired;

(c) Describe the nature of the lessees interest in:

(1) The property upon which the improvement isor will be constructed, altered or repaired; and

(2) The improvement on such property;

(d) If the lessee establishes a constructiondisbursement account pursuant to subsection 1, include:

(1) The name and address of the constructioncontrol;

(2) The date that the lessee obtained theservices of the construction control and the total amount of funds in theconstruction disbursement account; and

(3) The number of the construction disbursementaccount, if any;

(e) If the lessee records a surety bond pursuant tosubsection 1, include:

(1) The name and address of the surety;

(2) The surety bond number;

(3) The date that the surety bond was recordedin the office of the county recorder of the county where the property islocated upon which the improvement is or will be constructed, altered orrepaired;

(4) The book and the instrument or documentnumber of the recorded surety bond; and

(5) A copy of the recorded surety bond with thenotice of posted security; and

(f) Be served upon each person who gives a notice ofright to lien within 10 days after receipt of the notice of right to lien, inone of the following ways:

(1) By personally delivering a copy of thenotice of posted security to the person who gives a notice of right to lien atthe address identified in the notice of right to lien; or

(2) By mailing a copy of the notice of postedsecurity by certified mail, return receipt requested, to the person who gives anotice of right to lien at the address identified in the notice of right tolien.

3. If a lessee fails to satisfy the requirements ofsubsection 1 of this section or subsection 2 of NRS 108.2407, the prime contractor who hasfurnished or will furnish materials or equipment for the work of improvementmay stop work. If the lessee:

(a) Satisfies the requirements of subsection 1 of thissection or subsection 2 of NRS 108.2407within 25 days after any work stoppage, the prime contractor who stopped workshall resume work and the prime contractor and his lower-tiered subcontractorsand suppliers are entitled to compensation for any reasonable costs andexpenses that any of them have incurred because of the delay andremobilization; or

(b) Does not satisfy the requirements of subsection 1of this section or subsection 2 of NRS108.2407 within 25 days after the work stoppage, the prime contractor whostopped work may terminate his contract relating to the work of improvement andthe prime contractor and his lower-tiered subcontractors and suppliers are entitledto recover:

(1) The cost of all work, materials andequipment, including any overhead the prime contractor and his lower-tieredsubcontractors and suppliers incurred and profit the prime contractor and hislower-tiered subcontractors and suppliers earned through the date oftermination;

(2) The balance of the profit the primecontractor and his lower-tiered subcontractors and suppliers would have earnedif the contract had not been terminated;

(3) Any interest, costs and attorneys fees thatthe prime contractor and his lower-tiered subcontractors and suppliers areentitled to pursuant to NRS 108.237; and

(4) Any other amount awarded by a court or othertrier of fact.

4. The rights and remedies provided pursuant to thissection are in addition to any other rights and remedies that may exist at law orin equity, including, without limitation, the rights and remedies providedpursuant to NRS 624.606 to 624.630, inclusive.

(Added to NRS by 2005, 1893)

NRS 108.2405 Inapplicabilityof NRS108.2403 and 108.2407 under certain circumstances;service of notice of waiver of owners rights upon prime contractor and lienclaimants.

1. The provisions of NRS 108.2403 and 108.2407 do not apply:

(a) In a county with a population of 400,000 or morewith respect to a ground lessee who enters into a ground lease for realproperty which is designated for use or development by the county forcommercial purposes which are compatible with the operation of theinternational airport for the county.

(b) If all owners of the property, individually orcollectively, record a written notice of waiver of the owners rights set forthin NRS 108.234 with the county recorderof the county where the property is located before the commencement of constructionof the work of improvement.

2.  Each owner who records a notice of waiverpursuant to paragraph (b) of subsection 1 must serve such notice by certifiedmail, return receipt requested, upon the prime contractor of the work ofimprovement and all other lien claimants who may give the owner a notice ofright to lien pursuant to NRS 108.245,within 10 days after the owners receipt of a notice of right to lien or 10days after the date on which the notice of waiver is recorded pursuant to thissubsection.

3. As used in this section:

(a) Ground lease means a written agreement:

(1) To lease real property which, on the date onwhich the agreement is signed, does not include any existing buildings orimprovements that may be occupied on the land; and

(2) That is entered into for a period of notless than 10 years, excluding any options to renew that may be included in anysuch lease.

(b) Ground lessee means a person who enters into aground lease as a lessee with the county as record owner of the real propertyas the lessor.

(Added to NRS by 2005, 1895)

NRS 108.2407 Lienclaimant has lien upon funds in construction disbursement account; disbursementof funds from construction disbursement account; lien claimant may notifyconstruction control of claim of lien; construction control to pay legitimateclaim of lien; interpleader; liability of construction control.

1. If a construction disbursement account isestablished and funded pursuant to subsection 2 of this section or subsection 1of NRS 108.2403, each lien claimant hasa lien upon the funds in the account for an amount equal to the lienable amountowed to him.

2. Upon the disbursement of any funds from theconstruction disbursement account for a given pay period:

(a) The lessee shall deposit into the account suchadditional funds as may be necessary to pay for the completion of the work ofimprovement, including, without limitation, the costs attributable toadditional and changed work, material or equipment;

(b) The construction control described in subsection 1of NRS 108.2403 shall certify inwriting the amount necessary to pay for the completion of the work of improvement;and

(c) If the amount necessary to pay for the completionof the work of improvement exceeds the amount remaining in the constructiondisbursement account:

(1) The construction control shall give writtennotice of the deficiency by certified mail, return receipt requested, to theprime contractor and each person who has given the construction control anotice of right to lien; and

(2) The provisions of subsection 3 of NRS 108.2403 shall be deemed to apply.

3. The construction control shall disburse money tolien claimants from the construction disbursement account for the lienableamount owed such lien claimants.

4. A lien claimant may notify the construction controlof a claim of lien by:

(a) Recording a notice of lien pursuant to NRS 108.226; or

(b) Personally delivering or mailing by certified mail,return receipt requested, a written notice of a claim of lien to theconstruction control within 90 days after the completion of the work ofimprovement.

5. Except as otherwise provided in subsection 6, theconstruction control shall pay a legitimate claim of lien upon receipt of thewritten notice described in subsection 4 from the funds available in theconstruction disbursement account.

6. Theconstruction control may bring an action for interpleader in the district courtfor the county where the property or some part thereof is located if:

(a) The construction control reasonably believes thatall or a portion of a claim of lien is not legitimate; or

(b) The construction disbursement account does not havesufficient funds to pay all claims of liens for which the construction controlhas received notice.

7. If the construction control brings an action forinterpleader pursuant to paragraph (a) of subsection 6, the constructioncontrol shall pay to the lien claimant any portion of the claim of lien thatthe construction control reasonably believes is legitimate.

8. If an action for interpleader is brought pursuantto subsection 6, the construction control shall:

(a) Deposit with the court an amount equal to 1.5 timesthe amount of the lien claims to the extent that there are funds available inthe construction disbursement account;

(b) Providenotice of the action for interpleader by certified mail, return receiptrequested, to each person:

(1) Who gives the construction control a noticeof right to lien;

(2) Who serves the construction control with aclaim of lien;

(3) Who has performed work or furnishedmaterials or equipment for the work of improvement; or

(4) Of whom the construction control is awaremay perform work or furnish materials or equipment for the work of improvement;and

(c) Publish a notice of the action for interpleaderonce each week, for 3 successive weeks, in a newspaper of general circulationin the county in which the work of improvement is located.

9. A construction control who brings an action forinterpleader pursuant to subsection 6 is entitled to be reimbursed from theconstruction disbursement account for the reasonable costs that he incurred inbringing such action.

10. If a construction control for a constructiondisbursement account established by a lessee does not provide a propercertification as required pursuant to paragraph (b) of subsection 2 or does notcomply with any other requirement of this section, the construction control andits bond are liable for any resulting damages to any lien claimants.

(Added to NRS by 2005, 1895)

NRS 108.2413 Releaseof lien rights or notice of lien by posting surety bond. A lien claimants lien rights or notice of lien may bereleased upon the posting of a surety bond in the manner provided in NRS 108.2415 to 108.2425, inclusive.

(Added to NRS by 1965, 1166; A 1975, 1206; 1981, 31; 2003, 2610)

NRS 108.2415 Formof surety bond posted to release lien; form of surety bond posted to releaseall prospective and existing lien rights; recording of surety bond; service;effect of failure of service; effect of recording and service of surety bond.

1. To obtain the release of a lien for which notice oflien has been recorded against the property, the principal and a surety mustexecute a surety bond in an amount equal to 1.5 times the lienable amount inthe notice of lien, which must be in the following form:

 

(Assessors ParcelNumbers)

 

(Title of court andcause, if action has been commenced)

 

WHEREAS, ........................ (name of principal),located at ........................................ (address of principal),desires to give a bond for releasing the following described property owned by......................................... (name of owners) from that certainnotice of lien in the sum of $................ recorded ..... (month) .....(day) ....., (year), in the office of the recorder in ................................(name of county where the property is located):

 

(Legal Description)

 

NOW, THEREFORE, the undersigned principal and surety dohereby obligate themselves to the lien claimant named in the notice of lien,................................, (name of lien claimant) under the conditionsprescribed by NRS 108.2413 to 108.2425, inclusive, in the sum of $................(1 1/2 x lienable amount), from which sum they will pay the lien claimant thatamount as a court of competent jurisdiction may adjudge to have been secured byhis lien, including the total amount awarded pursuant to NRS 108.237, but the liability of thesurety may not exceed the penal sum of the surety bond.

IN TESTIMONY WHEREOF, the principal and surety have executedthis bond at ................................, Nevada, on the ....... day ofthe month of ....... of the year .......

 

...........................

(Signature ofPrincipal)

 

(Surety Corporation)

By............................

(Its Attorney in Fact)

 

 

State of Nevada }

}ss.

County of......................................................... }

 

On ..... (month) ..... (day) ....., (year), before me,the undersigned, a notary public of this County and State, personally appeared................................. who acknowledged that he executed theforegoing instrument as principal for the purposes therein mentioned and alsopersonally appeared ................................ known (or satisfactorilyproved) to me to be the attorney in fact of the surety that executed theforegoing instrument, known to me to be the person who executed that instrumenton behalf of the surety therein named, and he acknowledged to me that thesurety executed the foregoing instrument.

 

...............................................................

(Notary Public in andfor

the County and State)

 

2. To obtain the release of all prospective andexisting lien rights of lien claimants related to a work of improvement, theprincipal and a surety must execute and cause to be recorded a surety bond inan amount equal to 1.5 times the amount of the prime contract, which must be inthe following form:

 

(Assessors Parcel Numbers)

 

(Title of court and cause, if action has been commenced)

 

WHEREAS, ........................(name of principal), located at ........................................(address of principal), desires to give a bond for releasing the followingdescribed property owned by ......................................... (name ofowners) from all prospective and existing lien rights and notices of liensarising from materials, equipment or work provided or to be provided under theprime contract described as follows:

 

(Parties to the Prime Contract)

(Amount of the Prime Contract)

(Date of the Prime Contract)

(Summary of Terms of the Prime Contract)

 

WHEREAS, the property that is thesubject of the surety bond is described as follows:

 

(Legal Description)

 

NOW, THEREFORE, the undersigned principal and surety dohereby obligate themselves in the sum of $................ (1 1/2 x amount ofprime contract) to all prospective and existing lien claimants who haveprovided or hereafter provide materials, equipment or work under the primecontract, from which sum the principal and surety will pay the lien claimantsthe lienable amount that a court of competent jurisdiction may determine isowed to each lien claimant, and such additional amounts as may be awardedpursuant to NRS 108.237, but theliability of the surety may not exceed the penal sum of the surety bond.

IN TESTIMONY WHEREOF, the principal and surety have executedthis bond at ................................, Nevada, on the ....... day ofthe month of ....... of the year .......

 

...........................

(Signature ofPrincipal)

 

(Surety Corporation)

By............................

(Its Attorney in Fact)

 

State ofNevada }

}ss.

County of......................................................... }

 

On ..... (month) ..... (day), ..... (year), before me,the undersigned, a notary public of this County and State, personally appeared................................. who acknowledged that he executed theforegoing instrument as principal for the purposes therein mentioned and also personallyappeared ................................ known (or satisfactorily proved) tome to be the attorney in fact of the surety that executed the foregoing instrument,known to me to be the person who executed that instrument on behalf of thesurety therein named, and he acknowledged to me that the surety executed theforegoing instrument.

 

...............................................................

(Notary Public in andfor

the County and State)

 

3. The principal must record the surety bond in theoffice of the county recorder in the county in which the property upon whichthe improvement is located, either before or after the commencement of anaction to enforce the lien. A certified copy of the recorded surety bond shallbe deemed an original for purposes of this section.

4. Upon therecording of the surety bond, the principal must serve a file-stamped copy ofthe recorded surety bond in the following manner:

(a) If a lienclaimant has appeared in an action that is pending to enforce the notice oflien, service must be made by certified or registered mail, return receipt requested,upon the lien claimant at the address set forth in the lien and the lienclaimants counsel of record at his place of business;

(b) If a noticeof lien is recorded at the time the surety bond is recorded and no action ispending to enforce the notice of lien, personal service must be made upon eachlien claimant pursuant to Rule 4 of the Nevada Rules of Civil Procedure; or

(c) If nonotice of lien is recorded at the time the surety bond is recorded, servicemust be made by personal service or certified mail, return receipt requested,upon each lien claimant and prospective lien claimant that has provided orthereafter provides the owner or lessee with a notice of a right to lien. Suchservice must be within 10 days after the recording of the surety bond, or theservice of notice of the right to lien upon the owner by a lien claimant,whichever is later.

5. Failure toserve the surety bond as provided in subsection 4 does not affect the validityof the surety bond, but the statute of limitations on any action on the suretybond, including a motion excepting to the sufficiency of the surety pursuant toNRS 108.2425, is tolled until notice isgiven.

6. Subject tothe provisions of NRS 108.2425, therecording and service of the surety bond pursuant to:

(a) Subsection1 releases the property described in the surety bond from the lien and thesurety bond shall be deemed to replace the property as security for the lien.

(b) Subsection2 releases the property described in the surety bond from any liens andprospective liens for work, materials or equipment related to the prime contractand the surety bond shall be deemed to replace the property as security for thelien.

(Added to NRS by 1981, 28; A 2001, 29; 2003, 2610; 2005, 1906)

NRS 108.2421 Actionagainst principal and surety on surety bond and debtor: Action before or aftersurety bond is recorded; time within which to commence action; preferentialtrial setting; expert witnesses; amount of award to prevailing lien claimant.

1. The lien claimant isentitled to bring an action against the principal and surety on the surety bondand the lien claimants debtor in any court of competent jurisdiction that islocated within the county where the property upon which the work of improvementis located.

2. If an action by a lienclaimant to foreclose upon a lien has been brought:

(a) Before the surety bondis recorded:

(1) The lien claimantmay amend his complaint to state a claim against the principal and the suretyon the surety bond; or

(2) The liability ofthe principal and surety on the surety bond may be enforced pursuant to NRS 108.2423; or

(b) After the surety bond isrecorded:

(1) If the suretybond is recorded pursuant to subsection 1 of NRS108.2415, the lien claimant may bring an action against the principal andthe surety not later than 9 months after the date that the lien claimant wasserved with notice of the recording of the surety bond.

(2) If the suretybond is recorded pursuant to subsection 2 of NRS108.2415, the lien claimant may bring an action against the principal andthe surety within the later of:

(I) Nine monthsafter the date that the lien claimant was served with notice of the recordingof the surety bond; or

(II) Ninemonths after the date of the completion of the work of improvement.

3. At any timeafter the filing of a joint case conference report pursuant to Rule 16.1 of theNevada Rules of Civil Procedure or, if the case is designated by the court ascomplex litigation, after the approval of the initial case management order bythe court, each lien claimant in the action may serve upon the adverse party ademand for preferential trial setting and file the demand with the clerk ofthe court. Upon filing, the clerk of the court shall, before the Friday afterthe demand is filed, vacate a case or cases in a department of the court andset the lien claimants case for hearing, on a day or days certain, to be heardwithin 60 days after the filing of the demand for preferential trial setting.Only one such preferential trial setting need be given by the court, unless thehearing date is vacated without stipulation of counsel for the lien claimant inwriting. If the hearing date is vacated without that stipulation, upon serviceand filing, a new preferential trial setting must be given.

4. A lienclaimant shall, at the time of making his demand for a preferential trialsetting, and each other party to the preferential trial shall, within 20 daysafter the lien claimants service of the demand, serve upon all parties to thepreferential trial the following documents and information:

(a) A copy ofall documents that the party intends to rely upon at the time of the trial;

(b) A list ofwitnesses whom the party intends to call at the time of the trial, which mustinclude for each witness:

(1) Thename of the witness;

(2) Thecompany for whom the witness works and title of the witness; and

(3) Abrief summary of the expected testimony of the witness;

(c) Anysupplemental discovery responses as required by the Nevada Rules of Civil Procedure;

(d) Theidentity of each person whom the party expects to call as an expert witness atthe trial, together with a statement of the substance of the facts and opinionsto which the expert witness is expected to testify and a summary of the groundsfor each opinion;

(e) Any expertreports not previously disclosed; and

(f) A detailedsummary of all claims, offsets and defenses that the party intends to rely uponat the trial.

5. Within 20days after receipt of an opposing partys identification of an expert witness,a party who desires to call a rebuttal expert witness at the trial mustidentify each person whom the party expects to call as a rebuttal expertwitness, and must provide a statement of the substance of the facts andopinions to which the rebuttal expert witness is expected to testify and asummary of the grounds for each opinion.

6. A prevailing lien claimant on a claim against asurety bond must be awarded the lienable amount plus the total amount that maybe awarded by the court pursuant to NRS108.237, so long as the liability of the surety is limited to the penal sumof the surety bond. Such a judgment is immediately enforceable and may beappealed regardless of whether any other claims asserted or consolidatedactions or suits have been resolved by a final judgment.

(Added to NRS by 1981, 30; A 1995, 1508; 2003, 2612; 2005, 1909)

NRS 108.2423 Enforcementof liability of principal and surety.

1. By entering into a surety bond given pursuant to NRS 108.2415, the principal and suretysubmit themselves to the jurisdiction of the court in which an action or suitis pending on a notice of lien on the property described in the surety bond,and the principal and surety irrevocably appoint the clerk of that court astheir agent upon whom any papers affecting the liability on the surety bond maybe served. The liability of the principal may be established by the court inthe pending action. The liability of the surety may be enforced on motionwithout necessity of an independent action. The motion and such notice ofmotion as the court prescribes may be served on the clerk of the court, whoshall forthwith mail copies to the principal and surety if their addresses areknown.

2. The motion described in subsection 1 must not beinstituted until 30 days after:

(a) If a noticeof appeal from the judgment is not filed, the giving of notice of entry ofjudgment in the action against the lien claimants debtor or the giving ofnotice of entry of judgment in an action against the principal or the lienclaimants debtor, as the case may be; or

(b) If an appeal has been taken from the judgment, thefiling of the remittitur from the Supreme Court.

(Added to NRS by 1981, 31; A 2003, 2613)

NRS 108.2425 Exceptionto sufficiency of surety or surety bond; order to require additional securityor change, substitute or add securities or for other relief; court may orderprincipal to obtain additional security or to change or substitute securitiesif amount of surety bond insufficient; surety to remain liable on surety bondregardless of payment of premium.

1. The lien claimant may, within 15 days after theservice of a copy of the surety bond pursuant to subsection 4 of NRS 108.2415, file a motion with the clerkof the court in a pending action, or if no action has been commenced, file apetition with the court, excepting to the sufficiency of the surety or thesurety bond, and shall, at the same time and together with that motion orpetition, file an affidavit setting forth the grounds and basis of theexceptions to the surety or the surety bond, and shall serve a copy of themotion or petition and a copy of the affidavit upon the principal at theaddress set forth in the surety bond within 5 business days after the date offiling. A hearing must be had upon the justification of the surety or thesurety bond not less than 10 days and not more than 20 days after the filing ofthe motion or petition. If the court determines that the surety or surety bondis insufficient, the lien claimants lien will remain against the property orthe court may allow the substitution of a sufficient surety and surety bond.

2. If, at any time after the recording of a suretybond pursuant to NRS 108.2415, thesurety becomes unauthorized to transact surety business in this State pursuantto NRS 679A.030 or is dropped from theUnited States Department of the Treasurys Listing of Approved Sureties orthere exists any other good cause, a lien claimant or other person having aninterest in the surety bond may apply to the district court in a pendingaction, or commence an action if none is pending, for an order to require theprincipal to provide additional security or to change, substitute or addsecurities, or to enforce or change any other matter affecting the security providedby the surety bond.

3. If a court finds that the amount of a surety bondrecorded pursuant to NRS 108.2415 isinsufficient to pay the total amount that may be awarded by the court pursuantto NRS 108.237, the court shall orderthe principal to obtain additional security or to change or substitutesecurities so that the amount of the security provided is 1.5 times the totalamount that may be awarded.

4. Any surety that records or consents to therecording of a surety bond pursuant to NRS108.2415 will remain fully liable to any lien claimant for up to the penalsum of the surety bond regardless of the payment or nonpayment of any suretybond premium.

(Added to NRS by 1981, 31; A 2003, 2614; 2005, 1911)

NRS 108.243 Assignmentof lien.

1. Any lien may be assigned in the same manner as anyother chose in action after it has been perfected by recording.

2. An assignment of a lien before recording will notbe effective until written notice of the assignment has been given to the ownerby the assignee. The notice will be sufficient if delivered in person or mailedby certified mail to the owner. After such notice, the assignee may perfect thelien in his own name.

3. One or more lien claimants of any class may assigntheir notices of lien by written assignment, signed by each assignor, to anyother person or lien claimant of any class, and the assignee may commence andprosecute the action upon all of the notices of lien in his own name or in thename of the original lien claimant.

4. In the event that a claim for which a lien may befiled is assigned before it is perfected, such assignment does not discharge ordefeat the right to perfect the lien, if the lien is reassigned to the lienclaimant, and thereafter the lien is timely perfected.

(Added to NRS by 1965, 1168; A 1969, 729; 2003, 2614; 2005, 1912)

NRS 108.2433 Dischargeof notice of lien: Marginal entries; discharge or release must be recorded ifnotice of lien recorded by photographic process; presentation of certificateexecuted by lien claimant or his personal representative or assignee.

1. Except as otherwise provided in subsection 2, anotice of lien upon the property provided for in NRS 108.221 to 108.246, inclusive, may be discharged by anentry on the margin of the record thereof, signed by the lien claimant or hispersonal representative or assignee in the presence of the recorder or hisdeputy, acknowledging the satisfaction of or value received for the notice oflien and the debt secured thereby. The recorder or his deputy shall subscribethe entry as witness. The entry has the same effect as a discharge or releaseof the notice of lien acknowledged and recorded as provided by law. Therecorder shall properly index each marginal discharge.

2. If the notice of lien has been recorded by amicrofilm or other photographic process, a marginal release may not be used andan acknowledged discharge or release of the notice of lien must be recorded.

3. If the recorder or his deputy is presented with acertificate executed by the lien claimant or his personal representative orassignee, specifying that the notice of lien has been paid or otherwisesatisfied or discharged, the recorder or his deputy shall discharge the noticeof lien upon the record.

(Added to NRS by 1991, 1104; A 2003, 2615)

NRS 108.2437 Dischargeof notice of lien: Recording by lien claimant; form; liability for failure torecord.

1. As soon as practicable, but not later than 10 daysafter a notice of lien upon the property pursuant to NRS 108.221 to 108.246, inclusive, is fully satisfied ordischarged, the lien claimant shall cause to be recorded a discharge or releaseof the notice of lien in substantially the following form:

 

Assessors Parcel Numbers

 

DISCHARGE OR RELEASEOF NOTICE OF LIEN

 

NOTICE IS HEREBY GIVEN THAT:

The undersigned did, on the ....... day of themonth of ....... of the year ......., record in Book ............, as DocumentNo. ............, in the office of the county recorder of ............. County,Nevada, its Notice of Lien, or has otherwise given notice of his intention tohold a lien upon the following described property or improvements, owned orpurportedly owned by ..............., located in the County of ............,State of Nevada, to wit:

 

(Legal Description orAddress of the Property or Improvements)

 

NOW, THEREFORE, for valuable consideration theundersigned does release, satisfy and discharge his notice of lien on theproperty or improvements described above by reason of this Notice of Lien.

 

(Signatureof Lien Claimant)

 

2. If the lien claimant fails to comply with theprovisions of subsection 1, he is liable in a civil action to the owner of theproperty, his heirs or assigns for any actual damages caused by his failure tocomply with those provisions or $100, whichever is greater, and for areasonable attorneys fee and the costs of bringing the action.

(Added to NRS by 1991, 1104; A 1995, 1509; 2001, 30; 2003, 2615)

NRS 108.244 Limitationon filing complaint for foreclosure of notice of lien.A lien claimant or assignee of a lien claimant or claimants may notfile a complaint for foreclosure of his notice of lien or the assigned noticeof lien or notices of lien until 30 days have expired immediately following therecording of his notice of lien or following the recording of the assignednotice of lien or the last of the assigned notices of liens. This provisiondoes not apply to or prohibit the filing of any statement of fact constitutinga lien or statements of fact constituting a lien:

1. In an action already filed for foreclosure of anotice of lien; or

2. In order to comply with the provisions of NRS 108.239.

(Added to NRS by 1965, 1169; A 2003, 2616; 2005, 1912)

NRS 108.245 Noticeof right to lien: Form; service; effect.

1. Except as otherwise provided in subsection 5, everylien claimant, other than one who performs only labor, who claims the benefitof NRS 108.221 to 108.246, inclusive, shall, at any timeafter the first delivery of material or performance of work or services underhis contract, deliver in person or by certified mail to the owner of theproperty a notice of right to lien in substantially the following form:

 

NOTICE OF RIGHT TO LIEN

To: ..................................................

(Owners name and address)

The undersigned notifies you that he has suppliedmaterials or equipment or performed work or services as follows:

 

(General descriptionof materials, equipment, work or services)

for improvement of property identified as (propertydescription or street address) under contract with (general contractor orsubcontractor). This is not a notice that the undersigned has not been or doesnot expect to be paid, but a notice required by law that the undersigned may,at a future date, record a notice of lien as provided by law against theproperty if the undersigned is not paid.

(Claimant)

 

A subcontractor or equipment or material supplier who givessuch a notice must also deliver in person or send by certified mail a copy ofthe notice to the prime contractor for information only. The failure by asubcontractor to deliver the notice to the prime contractor is a ground fordisciplinary proceedings against the subcontractor under chapter 624 of NRS but does not invalidate thenotice to the owner.

2. Such a notice does not constitute a lien or giveactual or constructive notice of a lien for any purpose.

3. No lien for materials or equipment furnished or forwork or services performed, except labor, may be perfected or enforced pursuantto NRS 108.221 to 108.246, inclusive, unless the notice hasbeen given.

4. The notice need not be verified, sworn to oracknowledged.

5. A prime contractor or other person who contractsdirectly with an owner or sells materials directly to an owner is not requiredto give notice pursuant to this section.

6. A lien claimant who is required by this section togive a notice of right to lien to an owner and who gives such a notice has aright to lien for materials or equipment furnished or for work or servicesperformed in the 31 days before the date the notice of right to lien is givenand for the materials or equipment furnished or for work or services performedanytime thereafter until the completion of the work of improvement.

(Added to NRS by 1965, 1169; A 1967, 1104; 1969, 730;1979, 1091; 1997, 2695; 2003, 2616; 2005, 1912)

NRS 108.2453 Waiveror modification of right, obligation or liability set forth in NRS 108.221to 108.246,inclusive, prohibited; certain conditions, stipulations or provisions ofcontract for improvement of property or construction, alteration or repair ofwork of improvement void and unenforceable.

1. Except as otherwise provided in NRS 108.221 to 108.246, inclusive, a person may not waiveor modify a right, obligation or liability set forth in the provisions of NRS 108.221 to 108.246, inclusive.

2. A condition, stipulation or provision in a contractor other agreement for the improvement of property or for the construction,alteration or repair of a work of improvement in this State that attempts to doany of the following is contrary to public policy and is void andunenforceable:

(a) Require a lien claimant to waive rights provided bylaw to lien claimants or to limit the rights provided to lien claimants, otherthan as expressly provided in NRS 108.221to 108.246, inclusive;

(b) Relieve a person of an obligation or liabilityimposed by the provisions of NRS 108.221to 108.246, inclusive;

(c) Make the contract or other agreement subject to thelaws of a state other than this State;

(d) Require any litigation, arbitration or otherprocess for dispute resolution on disputes arising out of the contract or otheragreement to occur in a state other than this State; or

(e) Require a prime contractor or subcontractor towaive, release or extinguish a claim or right that the prime contractor orsubcontractor may otherwise possess or acquire for delay, acceleration,disruption or impact damages or an extension of time for delays incurred, forany delay, acceleration, disruption or impact event which was unreasonableunder the circumstances, not within the contemplation of the parties at thetime the contract was entered into, or for which the prime contractor or subcontractoris not responsible.

(Added to NRS by 2003, 2590; A 2005, 1913)

NRS 108.2457 Termof contract that attempts to waive or impair lien rights of contractor,subcontractor or supplier void; requirements for enforceability of waiver orrelease of rights of lien claimant; effect of payment in form of two-partyjoint check; forms.

1. Any term of a contract that attempts to waive orimpair the lien rights of a contractor, subcontractor or supplier is void. Anowner, contractor or subcontractor by any term of a contract, or otherwise, maynot obtain the waiver of, or impair the lien rights of, a contractor,subcontractor or supplier, except as provided in this section. Any writtenconsent given by a lien claimant that waives or limits his lien rights isunenforceable unless the lien claimant:

(a) Executes and delivers a waiver and release that issigned by the lien claimant or his authorized agent in the form set forth inthis section; and

(b) In the case of a conditional waiver and release,receives payment of the amount identified in the conditional waiver andrelease.

2. An oral or written statement purporting to waive,release or otherwise adversely affect the rights of a lien claimant is notenforceable and does not create any estoppel or impairment of a lien unless:

(a) There is a written waiver and release in the formset forth in this section; and

(b) The lien claimant received payment for the lien andthen only to the extent of the payment received.

3. Payment in the form of a two-party joint check madepayable to a lien claimant and another joint payee who are in privity with eachother shall, upon endorsement by the lien claimant and the joint check clearingthe bank upon which it is drawn, be deemed to be payment to the lien claimantfor only:

(a) The amount of the joint check;

(b) The amount the payor intended to pay the lienclaimant out of the joint check; or

(c) The balance owed to the lien claimant for the work,materials or equipment covered by the joint check, whichever is less.

4. This section does not affect the enforceability ofeither an accord and satisfaction regarding a bona fide dispute or anyagreement made in settlement of an action pending in any court or arbitration,provided the accord and satisfaction or settlement makes specific reference tothe lien rights waived or impaired and is in a writing signed by the lienclaimant.

5. The waiver and release given by any lien claimantis unenforceable unless it is in the following forms in the followingcircumstances:

(a) Where the lien claimant is required to execute awaiver and release in exchange for or to induce the payment of a progressbilling and the lien claimant is not in fact paid in exchange for the waiverand release or a single payee check or joint payee check is given in exchangefor the waiver and release, the waiver and release must be in the followingform:

 

CONDITIONAL WAIVER ANDRELEASE

UPON PROGRESS PAYMENT

 

Property Name:............................................................................................................................

Property Location:......................................................................................................................

Undersigneds Customer:..........................................................................................................

Invoice/Payment Application Number:...................................................................................

Payment Amount:.......................................................................................................................

 

Upon receipt by the undersigned of a check in theabove-referenced Payment Amount payable to the undersigned, and when the checkhas been properly endorsed and has been paid by the bank on which it is drawn,this document becomes effective to release and the undersigned shall be deemedto waive any notice of lien, any private bond right, any claim for payment andany rights under any similar ordinance, rule or statute related to paymentrights that the undersigned has on the above-described Property to thefollowing extent:

This release covers a progress payment for the work,materials or equipment furnished by the undersigned to the Property or to theUndersigneds Customer which are the subject of the Invoice or PaymentApplication, but only to the extent of the Payment Amount or such portion ofthe Payment Amount as the undersigned is actually paid, and does not cover anyretention withheld, any items, modifications or changes pending approval,disputed items and claims, or items furnished that are not paid. Before anyrecipient of this document relies on it, he should verify evidence of payment tothe undersigned. The undersigned warrants that he either has already paid orwill use the money he receives from this progress payment promptly to pay infull all his laborers, subcontractors, materialmen and suppliers for all work,materials or equipment that are the subject of this waiver and release.

 

Dated:...................................................

.......................................................

(CompanyName)

 

By:.................................................

 

Its:.................................................

 

(b) Where the lien claimant has been paid in full or apart of the amount provided for in the progress billing, the waiver and releaseof the amount paid must be in the following form:

 

UNCONDITIONAL WAIVERAND RELEASE

UPON PROGRESS PAYMENT

 

Property Name:............................................................................................................................

Property Location:......................................................................................................................

Undersigneds Customer:..........................................................................................................

Invoice/Payment Application Number:...................................................................................

Payment Amount:.......................................................................................................................

 

The undersigned has been paid and has received aprogress payment in the above-referenced Payment Amount for all work, materialsand equipment the undersigned furnished to his Customer for the above-describedProperty and does hereby waive and release any notice of lien, any private bondright, any claim for payment and any rights under any similar ordinance, ruleor statute related to payment rights that the undersigned has on theabove-described Property to the following extent:

This release covers a progress payment for the work,materials and equipment furnished by the undersigned to the Property or to theUndersigneds Customer which are the subject of the Invoice or PaymentApplication, but only to the extent of the Payment Amount or such portion ofthe Payment Amount as the undersigned is actually paid, and does not cover anyretention withheld, any items, modifications or changes pending approval, disputeditems and claims, or items furnished that are not paid. The undersignedwarrants that he either has already paid or will use the money he receives fromthis progress payment promptly to pay in full all his laborers, subcontractors,materialmen and suppliers for all work, materials or equipment that are thesubject of this waiver and release.

 

Dated:...................................................

.......................................................

(CompanyName)

 

By:.................................................

 

Its:.................................................

 

(Each unconditional waiver and release must contain thefollowing language, in type at least as large as the largest type otherwise onthe document:)

 

Notice: This document waivesrights unconditionally and states that you have been paid for giving up thoserights. This document is enforceable against you if you sign it to the extentof the Payment Amount or the amount received. If you have not been paid, use aconditional release form.

 

(c) Where the lien claimant is required to execute awaiver and release in exchange for or to induce payment of a final billing andthe lien claimant is not paid in exchange for the waiver and release or asingle payee check or joint payee check is given in exchange for the waiver andrelease, the waiver and release must be in the following form:

 

CONDITIONAL WAIVER ANDRELEASE

UPON FINAL PAYMENT

 

Property Name:............................................................................................................................

Property Location:......................................................................................................................

Undersigneds Customer:..........................................................................................................

Invoice/Payment Application Number:...................................................................................

Payment Amount:.......................................................................................................................

Payment Period:..........................................................................................................................

Amount of Disputed Claims:.....................................................................................................

 

Upon receipt by the undersigned of a check in theabove-referenced Payment Amount payable to the undersigned, and when the checkhas been properly endorsed and has been paid by the bank on which it is drawn, thisdocument becomes effective to release and the undersigned shall be deemed towaive any notice of lien, any private bond right, any claim for payment and anyrights under any similar ordinance, rule or statute related to payment rightsthat the undersigned has on the above-described Property to the followingextent:

This release covers the final payment to theundersigned for all work, materials or equipment furnished by the undersignedto the Property or to the Undersigneds Customer and does not cover payment forDisputed Claims, if any. Before any recipient of this document relies on it, heshould verify evidence of payment to the undersigned. The undersigned warrantsthat he either has already paid or will use the money he receives from thefinal payment promptly to pay in full all his laborers, subcontractors,materialmen and suppliers for all work, materials or equipment that are thesubject of this waiver and release.

 

Dated:...................................................

.......................................................

(CompanyName)

 

By:.................................................

 

Its:.................................................

 

(d) Where the lien claimant has been paid the finalbilling, the waiver and release must be in the following form:

 

UNCONDITIONAL WAIVERAND RELEASE

UPON FINAL PAYMENT

 

Property Name:............................................................................................................................

Property Location:......................................................................................................................

Undersigneds Customer:..........................................................................................................

Invoice/Payment Application Number:...................................................................................

Payment Amount:.......................................................................................................................

Amount of Disputed Claims:.....................................................................................................

 

The undersigned has been paid in full for all work,materials and equipment furnished to his Customer for the above-describedProperty and does hereby waive and release any notice of lien, any private bondright, any claim for payment and any rights under any similar ordinance, ruleor statute related to payment rights that the undersigned has on theabove-described Property, except for the payment of Disputed Claims, if any,noted above. The undersigned warrants that he either has already paid or willuse the money he receives from this final payment promptly to pay in full allhis laborers, subcontractors, materialmen and suppliers for all work, materialsand equipment that are the subject of this waiver and release.

 

Dated:...................................................

 

.......................................................

(CompanyName)

 

By:.................................................

 

Its:.................................................

 

(Each unconditional waiver and release must contain thefollowing language, in type at least as large as the largest type otherwise onthe document:)

 

Notice: This document waivesrights unconditionally and states that you have been paid for giving up thoserights. This document is enforceable against you if you sign it, even if youhave not been paid. If you have not been paid, use a conditional release form.

 

(e) Notwithstanding any language in any waiver andrelease form set forth in this section, if the payment given in exchange forany waiver and release of lien is made by check, draft or other such negotiableinstrument, and the same fails to clear the bank on which it is drawn for anyreason, then the waiver and release shall be deemed null, void and of no legaleffect whatsoever and all liens, lien rights, bond rights, contract rights orany other right to recover payment afforded to the lien claimant in law orequity will not be affected by the lien claimants execution of the waiver andrelease.

(Added to NRS by 2003, 2591; A 2005, 1914)

NRS 108.246 Primecontractor to advise owner of content of NRS 108.245; copy to be provided to eachsubcontractor; failure to comply with requirements constitutes ground fordisciplinary action against prime contractor.

1. Each prime contractor shall, before execution of acontract for construction, inform the owner with whom he intends to contract ofthe provisions of NRS 108.245 insubstantially the following form:

 

To:.................................................................

(Owners name and address)

The provisions of NRS108.245, a part of the mechanics and materialmens lien law of the Stateof Nevada, require, for your information and protection from hidden liens, thateach person or other legal entity who supplies materials to or performs work ona construction project, other than one who performs only labor, deliver to theowner a notice of the materials and equipment supplied or the work performed.You may receive these notices in connection with the construction project whichyou propose to undertake.

 

2. Each prime contractor shall deliver a copy of theinformation required by subsection 1 to each subcontractor who participates inthe construction project.

3. The failure of a prime contractor to informpursuant to this section owners and subcontractors with whom he contracts is aground for disciplinary proceedings under chapter624 of NRS.

(Added to NRS by 1971, 881; A 1997, 2696; 2003, 2617)

LIENS OF FOUNDRYMEN, BOILERMAKERS AND OTHERS

NRS 108.249 Lienon mill, manufactory or hoisting works.

1. All foundrymen, boilermakers and all personsperforming labor, or furnishing machinery, boilers, castings or other materialsfor the construction, repairing or carrying on of any mill, manufactory orhoisting works, shall have a lien on such mill, manufactory or hoisting worksfor such work or labor done, or such machinery, boiler, castings or othermaterial furnished by each, respectively.

2. All the provisions of NRS 108.221 to 108.246, inclusive, as determined by thedate of performance, respecting the mode of recording, securing and enforcingthe liens of contractors, subcontractors, journeymen, laborers and others shallbe applicable to the provisions of this section.

3. The word superstructure, wherever it occurs in NRS 108.221 to 108.246, inclusive, shall be applicable tothe provisions of this section.

[19:64:1875; BH 3826; C 3899; RL 2231; NCL 3753](NRS A 1965, 1169; 1969, 823)(Substituted in revision for NRS 108.240)

EXTINGUISHMENT OF LIEN ON REAL PROPERTY CREATED BYATTACHMENT; EXPIRATION OF NOTICE OF PENDENCY OF ACTION

NRS 108.250 Extinguishmentof lien on real property created by levy of attachment. The lien upon real property heretofore or hereaftercreated by the levy of a writ of attachment shall, unless otherwise releasedand discharged of record, at the expiration of 10 years from the time ofsuch levy terminate and be conclusively presumed to have been regularlyreleased and discharged.

[1:37:1917; 1919 RL p. 3352; NCL 9409]

NRS 108.260 Expirationof effective notice of pendency of action. Noticeof the pendency of any action shall not constitute notice or be of any force oreffect after the expiration of 10 years from the time of the filing of thenotice.

[3:37:1917; 1919 RL p. 3352; NCL 9411]

LIENS FOR STORAGE, MAINTENANCE, KEEPING OR REPAIR OFVEHICLES, MOBILE HOMES, MANUFACTURED HOMES, RECREATIONAL VEHICLES, TRAILERS ORAIRCRAFT

NRS 108.265 Definitions. As used in NRS 108.265to 108.360, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 108.266 to 108.2679, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1991, 1716; A 1993, 2037; 2005, 1246)

NRS 108.266 Landlorddefined. Landlord means the owner or lessorof:

1. A mobile home lot;

2. A mobile home park;

3. A recreational vehicle park; or

4. Land which is not located within a mobile homepark, but which is rented or held out for rent to accommodate a mobile home ora manufactured home.

(Added to NRS by 1991, 1716; A 1993, 2037)

NRS 108.267 Legalowner defined. Legal owner means the personin whom the ownership or title of the property is vested or who has a legalright to possession of the property.

(Added to NRS by 1961, 483; A 1969, 1508; 1973, 449;1983, 1037; 1985, 506; 1991, 1717)

NRS 108.2671 Manufacturedhome defined. Manufactured home has themeaning ascribed to it in NRS 489.113.

(Added to NRS by 1991, 1716)

NRS 108.2673 Mobilehome defined. Mobile home has the meaningascribed to it in NRS 489.120.

(Added to NRS by 1991, 1716)

NRS 108.2675 Mobilehome lot defined. Mobile home lot has themeaning ascribed to manufactured home lot in NRS 118B.016.

(Added to NRS by 1991, 1716; A 2001, 1189)

NRS 108.2677 Mobilehome park defined. Mobile home park has themeaning ascribed to manufactured home park in NRS 118B.017.

(Added to NRS by 1991, 1716; A 2001, 1189)

NRS 108.26775 Recreationalvehicle defined. Recreational vehicle hasthe meaning ascribed to it in NRS 482.101.

(Added to NRS by 1993, 2037)

NRS 108.2678 Recreationalvehicle park defined. Recreational vehiclepark means a campground or other facility, any portion of which is rented or heldout for rent to accommodate recreational vehicles.

(Added to NRS by 1993, 2037)

NRS 108.2679 Registeredowner defined. Registered owner means:

1. A person whose name appears in the files of theManufactured Housing Division of the Department of Business and Industry as theperson to whom the mobile home or manufactured home is registered, but does notinclude:

(a) A creditor who holds title to the mobile home ormanufactured home; or

(b) The owner or holder of a lien encumbering themobile home or manufactured home.

2. A person whose name appears in the files of theDepartment of Motor Vehicles as the person to whom the vehicle is registered.

(Added to NRS by 1991, 1716; A 1993, 1505, 2037;1995, 669; 1999, 3589;2001, 2562)

NRS 108.26795 Trailerdefined. Trailer means every vehicle definedin NRS 482.110, 482.125, 482.127and 482.134.

(Added to NRS by 1993, 2037)

NRS 108.26797 Departmentof Motor Vehicles: Adoption of regulations to ensure compliance with lawsrelating to processing of liens. TheDepartment of Motor Vehicles may adopt such regulations as it deems necessaryto ensure compliance with all applicable laws relating to the processing ofliens for storing, maintaining, keeping or repairing vehicles required to beregistered with the Department pursuant to chapter482 of NRS.

(Added to NRS by 2005, 1246)

NRS 108.268 Legalowner of aircraft. For the purposes of thischapter, the person named in the federal aircraft registration certificateshall be deemed a legal owner of any aircraft.

(Added to NRS by 1983, 1038)

NRS 108.270 Lienfor labor, materials, storage or services; detention of vehicle, trailer,recreational vehicle, mobile home, manufactured home, aircraft, equipment orparts. Subject to the provisions of NRS 108.315:

1. A person engaged in the business of:

(a) Buying or selling automobiles;

(b) Keeping a garage or place for the storage,maintenance, keeping or repair of motor vehicles, motorcycles, motor equipment,trailers, mobile homes or manufactured homes, including the operator of asalvage pool; or

(c) Keeping a mobile home park, mobile home lot orother land for rental of spaces for trailers, mobile homes or manufacturedhomes,

and who inconnection therewith stores, maintains, keeps or repairs any motor vehicle,motorcycle, motor equipment, trailer, mobile home or manufactured home, orfurnishes accessories, facilities, services or supplies therefor, at therequest or with the consent of the owner or his representatives, or at thedirection of any peace officer or other authorized person who orders the towingor storage of any vehicle through any action permitted by law, has a lien uponthe motor vehicle, motorcycle, motor equipment, trailer, mobile home ormanufactured home or any part or parts thereof for the sum due for the towing,storing, maintaining, keeping or repairing of the motor vehicle, motorcycle,motor equipment, trailer, mobile home or manufactured home or for laborfurnished thereon, or for furnishing accessories, facilities, services orsupplies therefor, and for all costs incurred in enforcing such a lien.

2. Subject to the provisions of NRS 108.315, a person engaged in thebusiness of keeping a recreational vehicle park who, at the request or with theconsent of the owner of a recreational vehicle or his representative, furnishesfacilities or services in the recreational vehicle park for the recreationalvehicle, has a lien upon the recreational vehicle for the amount of rent duefor furnishing those facilities and services, and for all costs incurred inenforcing such a lien.

3. A person who at the request of the legal ownerperformed labor on, furnished materials or supplies or provided storage for anyaircraft, aircraft equipment or aircraft parts is entitled to a lien for suchservices, materials or supplies and for the costs incurred in enforcing thelien.

4. Any person who is entitled to a lien as provided insubsections 1, 2 and 3 may, without process of law, detain the motor vehicle,motorcycle, motor equipment, trailer, recreational vehicle, mobile home,manufactured home, aircraft, aircraft equipment or aircraft parts at any timeit is lawfully in his possession until the sum due to him is paid.

[1:95:1943; A 1949, 358; 1943 NCL 3779.01](NRS A1961, 483; 1973, 1111; 1983, 1038; 1991, 1717; 1993, 2037; 1997, 2864)

NRS 108.272 Notice.

1. Except as otherwise provided in subsection 2, thenotice of a lien must be given by delivery in person or by registered orcertified letter addressed to the last known place of business or abode of:

(a) The legal owner and registered owner of theproperty.

(b) Each person who holds a security interest in theproperty.

(c) If the lien is on a mobile home or manufacturedhome, each person who is listed in the records of the Manufactured HousingDivision of the Department of Business and Industry as holding an ownership orother interest in the home.

If noaddress is known, the notice must be addressed to that person at the placewhere the lien claimant has his place of business.

2. Any person who claims a lien on aircraft, aircraftequipment or parts shall:

(a) Within 120 days after he furnishes supplies orservices; or

(b) Within 7 days after he receives an order to releasethe property,

whichevertime is less, serve the legal owner by mailing a copy of the notice of the liento his last known address, or if no address is known, by leaving a copy withthe clerk of the court in the county where the notice is filed.

3. The notice must contain:

(a) An itemized statement of the claim, showing the sumdue at the time of the notice and the date when it became due.

(b) A brief description of the motor vehicle, airplane,motorcycle, motor or airplane equipment, trailer, recreational vehicle, mobilehome or manufactured home against which the lien exists.

(c) A demand that the amount of the claim as stated inthe notice, and of any further claim as may accrue, must be paid on or before aday mentioned.

(d) A statement that unless the claim is paid withinthe time specified the motor vehicle, aircraft, motorcycle, motor or aircraft equipment,trailer, recreational vehicle, mobile home or manufactured home will beadvertised for sale, and sold by auction at a specified time and place.

4. The lienholder shall determine a day for thepurposes of the demand in paragraph (c) of subsection 3. The day mentioned mustbe:

(a) Not less than 10 days after the delivery of thenotice if it is personally delivered; or

(b) Not less than 10 days after the time when thenotice should reach its destination, according to the due course of post, if thenotice is sent by mail.

(Added to NRS by 1983, 1037; A 1985, 237; 1991, 1718;1993, 235, 2038, 2042; 1995, 669)

NRS 108.2725 Lienson mobile homes and manufactured homes: Additional requirements for notice. In addition to the requirements set forth in NRS 108.272, the notice of a lien on amobile home or manufactured home must include:

1. The amount necessary to satisfy the lien; and

2. A description of the legal proceeding available tocontest the lien pursuant to NRS 108.350and 108.355.

(Added to NRS by 1991, 1716)

NRS 108.273 Lienson mobile homes and manufactured homes: Forms of notices to be provided byManufactured Housing Division; use of forms.

1. The Manufactured Housing Division of the Departmentof Business and Industry shall provide a notice of lien on a mobile home ormanufactured home and a notice of a sale by auction of a mobile home ormanufactured home that complies with the requirements of NRS 108.270 to 108.360, inclusive.

2. A notice of lien on a mobile home or manufacturedhome or a notice of a sale by auction of a mobile home or manufactured homemust be made on a form provided by the Manufactured Housing Division of theDepartment of Business and Industry.

(Added to NRS by 1991, 1716; A 1993, 1506)

NRS 108.2735 Lienson mobile homes and manufactured homes: Expiration. Alien asserted against a mobile home or manufactured home expires 1 year afterit is filed with the Manufactured Housing Division of the Department of Businessand Industry.

(Added to NRS by 1991, 1717; A 1993, 1506)

NRS 108.274 Lienson aircraft: Statement of amount by claimant. Thelien claimant shall provide the legal owner, within 24 hours after receipt of awritten request, with a written statement of the amount of the lien on anyaircraft, aircraft equipment or parts if:

1. A notice of the lien has not been filed; and

2. The time for filing the lien has not expired.

(Added to NRS by 1983, 1038)

NRS 108.276 Lienson aircraft: Redelivery of property upon posting of bond.

1. The legal owner may, for the redelivery of anyaircraft, aircraft equipment or parts which are held by the lien claimant, filewith the court a bond for double the amount of the lien.

2. The court upon approval of such a bond shall issueits order requiring the lien claimant to relinquish possession of the propertyto the legal owner.

(Added to NRS by 1983, 1038)

NRS 108.278 Lienson aircraft: Application for redelivery of property or release of bond;hearing.

1. If the lien claimant:

(a) Fails to file and serve timely a notice of lien; or

(b) Refuses to furnish the legal owner upon requestwith a statement of the amount of the lien,

the legalowner may apply by affidavit to the court for an order to show cause why thelien claimant should not relinquish possession of any aircraft, aircraftequipment or parts, or for release of a bond given pursuant to NRS 108.276.

2. The court shall promptly examine the affidavit andshall issue an order directed to the lien claimant to show cause why theproperty should not be taken from the lien claimant and delivered to the legalowner.

3. Except as provided in this subsection, the ordershall fix the date and time for the hearing, which must not be sooner than 10days or later than 21 days from the date of the issuance of the order. Upon ashowing of good cause by the legal owner, the court may fix the date and timefor a hearing which must be at least 1 day after the issuance of the order.

(Added to NRS by 1983, 1038)

NRS 108.280 Lienholdersright not lost when vehicle, aircraft, trailer, recreational vehicle, mobile ormanufactured home or equipment removed from his control. Any person who acquires a lien under the provisions of NRS 108.270 does not lose the lien byallowing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment,trailer, recreational vehicle, mobile home or manufactured home, or partsthereof to be removed from control of the person having the lien.

[2:95:1943; A 1945, 358; 1943 NCL 3779.02](NRS A1973, 1313; 1983, 1039; 1991, 1719; 1993, 2039)

NRS 108.290 Priorityof lien; limitation on lien of landlord.

1. If property that is the subject of a lien which isacquired as provided in NRS 108.270 to 108.360, inclusive, is the subject of asecured transaction in accordance with the laws of this State, the lien:

(a) In the case of a lien acquired pursuant to NRS 108.315, is a first lien.

(b) In the case of a lien ona motor vehicle for charges for towing, storing and any related administrativefees:

(1) For the first 30days of the lien:

(I) If theamount of the lien does not exceed $1,000, is a first lien.

(II) If theamount of the lien exceeds $1,000, is a second lien.

(2) After the first30 days of the lien:

(I) If theamount of the lien does not exceed $2,500, is a first lien.

(II) If the amount of the lien exceeds$2,500, is a second lien.

(c) In all other cases, if the amount of the lien:

(1) Does not exceed $1,000, is a first lien.

(2) Exceeds $1,000, is a second lien.

2. The lien of a landlord may not exceed $2,000 or thetotal amount due and unpaid for rentals and utilities, whichever is the lesser.

[3:95:1943; A 1945, 358; 1953, 377](NRS A 1957, 105;1961, 485; 1965, 926; 1981, 62; 1983, 1358; 1985, 238; 1991, 1719; 1997, 1422; 2005, 1001)

NRS 108.300 Liendoes not deprive claimant of other legal remedies; liability of insurancecompany for cost of repair and towing of vehicle upon notice.

1. The lien created in NRS 108.270 to 108.360, inclusive, does not deprive thelien claimant of any remedy allowed by law to a creditor against his debtor forthe collection of all charges and advances which he has made in connection withany work or services, or supplies, facilities or accessories furnished for, onor about any motor vehicle, aircraft, motorcycle, motor or aircraft equipment,aircraft parts, trailer, recreational vehicle, mobile home or manufactured homepursuant to an expressed or implied contract between the lien claimant and theowner, or the representative of the owner, of the motor vehicle, aircraft,motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreationalvehicle, mobile home or manufactured home.

2. Any insurance company, having outstanding and ineffect appropriate insurance coverage therefor, which has been given notice inwriting of a debt or obligation incurred for the towing or repair of any motorvehicle damaged by an insured of the company for which the insured is legallyresponsible becomes, subject to the conditions and provisions of the insurancepolicy, indebted to the claimant for such towing or repair services, for thereasonable expenses incurred for towing or repair of the vehicle, if theclaimant has given notice to the company or its agent at least 3 days beforethe date of any settlement or award effected by the company in connectiontherewith.

3. In determining the amount of the indebtedness fortowing or repairing a damaged vehicle identified in subsection 2, the insurancecompany is not responsible for any sum of money over and above the sum of:

(a) The entire settlement or award; or

(b) The entire amount of the property damage coverageof the policy,

whichever isless.

4. Any payment made by the company pursuant to thissection relieves the company from further liability in connection with towingor repairing of the damaged vehicle.

[4:95:1943; A 1945, 358; 1943 NCL 3779.04](NRS A1961, 483; 1963, 1317; 1983, 1039; 1991, 1719; 1993, 2039)

NRS 108.310 Satisfactionof lien; sale by auction; disposition of proceeds. Subjectto the provisions of NRS 108.315, thelien created in NRS 108.270 to 108.360, inclusive, may be satisfied asfollows:

1. The lien claimant shall give written notice to theperson on whose account the storing, maintaining, keeping, repairing, labor,fuel, supplies, facilities, services or accessories were made, done or given,and to any other person known to have or to claim an interest in the motorvehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts,trailer, recreational vehicle, mobile home or manufactured home, upon which thelien is asserted, and to the:

(a) Manufactured Housing Division of the Department ofBusiness and Industry with regard to mobile homes, manufactured homes andcommercial coaches as defined in chapter 489of NRS; or

(b) Department of Motor Vehicles with regard to all otheritems included in this section.

2. In accordance with the terms of a notice so given,a sale by auction may be held to satisfy any valid claim which has become alien on the motor vehicle, aircraft, motorcycle, motor or aircraft equipment,aircraft parts, trailer, recreational vehicle, mobile home or manufacturedhome. The sale must be held in the place where the lien was acquired, or, ifthat place is manifestly unsuitable for the purpose, at the nearest suitableplace.

3. After the time for the payment of the claimspecified in the notice has elapsed, an advertisement of the sale, describingthe motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraftparts, trailer, recreational vehicle, mobile home or manufactured home to be sold,and stating the name of the owner or person on whose account it is held, andthe time and place of the sale, must be published once a week for 3 consecutiveweeks in a newspaper published in the place where the sale is to be held, butif no newspaper is published in that place, then in a newspaper published inthis State that has a general circulation in that place. The sale must not beheld less than 22 days after the time of the first publication.

4. From the proceeds of the sale the lien claimant whofurnished the services, labor, fuel, accessories, facilities or supplies shallsatisfy his lien, including the reasonable charges of notice, advertisement andsale. The balance, if any, of the proceeds must be delivered, on demand, to theperson to whom he would have been bound to deliver, or justified in delivering,the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraftparts, trailer, recreational vehicle, mobile home or manufactured home.

[Part 5:95:1943; A 1945, 358; 1953, 377](NRS A 1957,104; 1961, 484; 1969, 1, 95; 1979, 1216; 1983, 1040; 1985, 1974; 1987, 688;1991, 1720; 1993, 1506, 2040; 1995, 669; 1999, 3589; 2001, 2562)

NRS 108.315 Enforcementof lien for unpaid rent or utilities by landlord.

1. Any landlord who desires to enforce a lien forunpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, must within 15 daysafter the rent is 30 days past due, make a demand in writing upon theregistered owner of the recreational vehicle, mobile home or manufactured home,for the amount due, stating that a lien is claimed on the recreational vehicle,mobile home or manufactured home. A copy of the demand must be sent to everyholder of a security interest and every person who is listed in the records ofthe Manufactured Housing Division of the Department of Business and Industry asholding an ownership or other interest in, and every tenant or subtenant of,the recreational vehicle, mobile home or manufactured home, and to the:

(a) Manufactured Housing Division of the Department ofBusiness and Industry, with regard to mobile homes and manufactured homes; or

(b) Department of Motor Vehicles, with regard torecreational vehicles,

byregistered or certified mail.

2. To obtain the name and address of a holder of a securityinterest or a person who is listed in the records of the manufactured housingdivision of the department of business and industry as holding an ownership orother interest in the recreational vehicle, mobile home or manufactured home,the landlord shall, before making the demand for payment, request thatinformation from the:

(a) Manufactured Housing Division of the Department ofBusiness and Industry, with regard to mobile homes, manufactured homes andcommercial coaches as defined in chapter 489of NRS; or

(b) Department of Motor Vehicles, with regard to allother vehicles,

and thestate agency shall supply that information from its records. If the recreationalvehicle, mobile home or manufactured home is registered in another state,territory or country, the landlord shall, before making the demand for payment,obtain the information from the appropriate agency of that state, territory orcountry.

3. A landlord who enforces a lien for unpaid rent mayrecover an amount equal to:

(a) The amount of the unpaid rent;

(b) The cost of any advertising and notices requiredpursuant to NRS 108.270 to 108.360, inclusive;

(c) The cost and fees ordered by a court in any actioncontesting the validity of a lien; and

(d) The cost of a sale, if a sale by auction is madepursuant to the provisions of NRS 108.310.

4. No recreational vehicle, mobile home ormanufactured home may be sold for delinquent rent or rent and utilities until 4months have elapsed after the first default in payment, and a notice of lienhas been served pursuant to subsection 1. At least 10 days but not more than 30days before a sale, a written notice of sale by auction must be sent to theregistered owner and tenant or subtenant and to every holder of a securityinterest and every person who is listed in the records of the Manufactured HousingDivision of the Department of Business and Industry as holding an ownership orother interest in the recreational vehicle, mobile home or manufactured home byregistered or certified mail stating that a sale by auction of the recreationalvehicle, mobile home or manufactured home is to be made pursuant to theprovisions of NRS 108.310. The writtennotice of sale by auction must include the time and location of the sale, theamount necessary to satisfy the lien and a description of the legal proceedingavailable to contest the lien pursuant to NRS108.350 and 108.355.

(Added to NRS by 1961, 485; A 1967, 1482; 1969, 95;1979, 1217; 1985, 1975; 1991, 1720; 1993, 235, 1507, 2040, 2043; 1995, 669; 1999, 3590; 2001, 2563)

NRS 108.320 Paymentof lien and expenses before sale; delivery of property. At any time before the motor vehicle, aircraft,motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreationalvehicle, mobile home or manufactured home is so sold, any person claiming aright of property or possession therein may pay the lien claimant the amountnecessary to satisfy his lien and to pay the reasonable expenses andliabilities incurred in serving notices and advertising and preparing for thesale up to the time of such payment. The lien claimant shall deliver the motorvehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts,trailer, recreational vehicle, mobile home or manufactured home to the personmaking the payment if he is a person entitled to the possession of the propertyon payment of the charges thereon.

[Part 5:95:1943; A 1945, 358; 1953, 377](NRS A 1983,1041; 1991, 1721; 1993, 2041)

NRS 108.330 Remedyfor enforcing lien does not preclude other remedies. Theremedy for enforcing the lien provided in NRS108.270 to 108.360, inclusive, doesnot preclude any other remedies allowed by law for the enforcement of a lienagainst personal property nor bar the right to recover so much of thelienholders claim as is not paid by the proceeds of the sale of the property.

[6:95:1943] + [7:211:1945; 1943 NCL 3779.06](NRS A1991, 1721)

NRS 108.340 Liabilityof claimant for failure to redeliver. Aftergoods have been lawfully sold to satisfy the lien created in NRS 108.270 to 108.360, inclusive, the lien claimant isnot liable for failure to deliver the motor vehicle, aircraft, motorcycle,motor or aircraft equipment, aircraft parts, trailer, recreational vehicle,mobile home or manufactured home to the owner or claimant.

[7:95:1943; A 1945, 358; 1943 NCL 3779.07](NRS A1983, 1042; 1991, 1722; 1993, 2042)

NRS 108.350 Validityof lien may be contested; liability of claimant after sale. Nothing contained in NRS108.270 to 108.360, inclusive,precludes:

1. The owner of any motor vehicle, aircraft,motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreationalvehicle, mobile home or manufactured home; or

2. Any other person having an interest or equity inthe property,

fromcontesting the validity of the lien. All legal rights and remedies otherwiseavailable to the person are reserved to and retained by him, except that, aftera sale has been made to an innocent third party, the lien claimant is solelyresponsible for loss or damage occasioned the owner, or any other person havingan interest or equity in the property, by reason of the invalidity of the lien,or by reason of failure of the lien claimant to proceed in the manner providedin those sections.

[8:95:1943; A 1945, 358; 1943 NCL 3779.08](NRS A1983, 1042; 1991, 1722; 1993, 2042)

NRS 108.355 Contestingvalidity of lien on mobile home or manufactured home.

1. A person contesting the validity of a lien on amobile home or manufactured home may file a notice of opposition to the lien inthe Justice Court in whose jurisdiction the mobile home or manufactured home islocated. The notice of opposition must be filed within 5 days after the personfiling the notice receives the notice of sale by auction, must be made on aform provided by the clerk of the Justice Court and must include the factssupporting the notice. The person filing the notice shall serve certifiedcopies of it upon the lien claimant and the Manufactured Housing Division ofthe Department of Business and Industry.

2. Upon the filing of the notice of opposition to thelien, the justice of the peace shall schedule a hearing on the notice, whichmust be held as soon as practicable but not sooner than 5 days after service ofthe notice. The justice of the peace shall affix the date of the hearing to thenotice and order that a copy be served upon the lien claimant within 5 daysafter the date of the order.

3. The justice of the peace shall either dismiss theobjections to the lien claim, declare the lien invalid or declare the amount ofthe lien if it is different from that described by the lien claimant.

4. After receipt of a notice of opposition to a lienor other notice pursuant to any proceeding to contest the validity of a lien,the Manufactured Housing Division of the Department of Business and Industryshall not transfer the title to the mobile home or manufactured home that isthe subject of the lien until the matter has been adjudicated.

(Added to NRS by 1991, 1717; A 1993, 1508)

NRS 108.357 Administrativefine for violation of NRS 108.265 to 108.360,inclusive, or related regulation; deposit of fines; enforcement proceedings.

1. The Department of Motor Vehicles may impose anadministrative fine, not to exceed $2,500, for a violation of any provision of NRS 108.265 to 108.360, inclusive, relating to vehiclesrequired to be registered with the Department pursuant to chapter 482 of NRS, or any regulation adopted bythe Department pursuant thereto. The Department shall afford to any person sofined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

2. All administrative fines collected by theDepartment of Motor Vehicles pursuant to subsection 1 must be deposited withthe State Treasurer to the credit of the State Highway Fund.

3. In addition to any other remedy provided by thischapter, the Department of Motor Vehicles may compel compliance with thissection and any provision of NRS 108.265to 108.360, inclusive, relating tovehicles required to be registered with the Department pursuant to chapter 482 of NRS, and any regulation adopted bythe Department pursuant thereto, by injunction or other appropriate remedy andthe Department may institute and maintain in the name of the State of Nevadaany such enforcement proceedings.

(Added to NRS by 2005, 1246)

NRS 108.360 Penaltyfor incurring bill without authority or by misrepresentation. Any person who incurs a bill upon a motor vehicle,aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer,recreational vehicle, mobile home or manufactured home, without the authorityof the owner thereof, or by misrepresentation, is guilty of a misdemeanor.

[9:95:1943; A 1945, 358; 1943 NCL 3779.09] +[10:95:1943; 1943 NCL 3779.10] + [11:211:1945; 1943 NCL 3779.11](NRS A1967, 529; 1983, 1042; 1991, 1722; 1993, 2042)

JEWELERS AND WATCHMAKERS LIENS

NRS 108.370 Lienfor work and material furnished: Notice; sale; application of proceeds;lienholder may waive lien and sue for amount due.

1. Every person, firm or corporation engaged inperforming work upon any watch, clock or jewelry, for a price, shall have alien upon the watch, clock or jewelry for the amount of any account that may bedue for the work done thereon. The lien shall also include the value or agreedprice, if any, of all materials furnished by the lienholder in connection withthe work.

2. If any account for work done or materials furnishedshall remain unpaid for 1 year after completing the work, the lienholder may,upon 30 days notice in writing to the owner specifying the amount due andinforming him that the payment of the amount due within 30 days will entitlehim to redeem the property, sell any such article or articles at public or bonafide private sale to satisfy the account.

3. The notice may be served by registered or certifiedmail with return receipt demanded, directed to the owners last known address,or, if the owner or his address be unknown, it may be posted in two publicplaces in the town or city where the property is located.

4. The proceeds of the sale, after paying the expensesthereof, shall first be applied to liquidate the indebtedness secured by thelien, and the balance, if any, shall be paid over to the owner.

5. Nothing contained in this section shall beconstrued as preventing the lienholder from waiving the lien herein providedfor, and suing upon the amount if he elects to do so.

[1:128:1939; 1931 NCL 3780](NRS A 1969, 95)

COMMON CARRIERS AND DISPOSITION OF UNCLAIMED PROPERTY

NRS 108.380 Storageof unclaimed freight by carriers and warehousemen. Whenany goods, merchandise or other property has been received by any railroad orexpress company, or other common carrier, commission merchant, forwarding merchant,or warehouseman, for transportation or safekeeping, and is not delivered to theowner, consignee or other authorized person, the carrier, commission merchant,forwarding merchant or warehouseman may hold or store the same with someresponsible person until the freight and all just and reasonable charges onsame are paid.

[1:42:1875; BH 4964; C 5030; RL 537; NCL 637]

NRS 108.390 Failureof consignee to accept freight after notice releases carrier from furtherliability. If a consignee does not accept andremove freight within 24 hours after notice has been served on him by thecarrier, the carrier is released from further liability, by placing the freightin a suitable warehouse on storage, or the carrier may hold the same upon hisresponsibility as a warehouseman.

[2:42:1875; BH 4965; C 5031; RL 538; NCL 638]

NRS 108.400 Serviceof notice. If the consignees place ofresidence or business be unknown, notice may be served on him through the postoffice, and the carrier may place the freight in a suitable warehouse onstorage and give notice thereof to the consignor.

[3:42:1875; BH 4966; C 5032; RL 539; NCL 639]

NRS 108.410 Saleof perishable freight to satisfy lien. If fromany cause, other than want of ordinary care and diligence on his part, a commoncarrier is unable to deliver perishable property transported by him and collecthis charges thereon, he may cause the property to be sold in open market tosatisfy his lien of freightage.

[4:42:1875; BH 4967; C 5033; RL 540; NCL 640]

NRS 108.420 Saleof unclaimed freight to pay charges: Notice; disposition of surplus; sales ofbaggage.

1. If no person calls for the freight or otherproperty received by the railroad, express company or other common carrier,commission merchant, forwarding merchant or warehouseman within 60 days fromthe receipt thereof, the carrier, forwarding merchant, commission merchant orwarehouseman may sell the property, or so much thereof, at auction to thehighest bidders, as will pay freight and other just and reasonable charges,first having given notice as provided in subsection 2.

2. The railroad, express company or other commoncarrier, commission merchant, forwarding merchant or warehouseman shall, beforethe sale provided for in subsection 1, give notice of the time and place ofsale to the owner, consignee or consignor, when known, and by advertisement ina daily newspaper 10 days, or if a weekly newspaper, 4 weeks, published wherethe sale is to take place. If there is no newspaper published at the placewhere the sale is to take place, notice shall be given by posting a notice ofthe sale conspicuously in at least three public places.

3. If any surplus is left after paying freight,storage, cost of advertising and other reasonable charges, the same must bepaid over to the owner of the property at any time thereafter, on demand beingmade therefor within 6 months after the sale.

4. Any trunk or valise, with its contents, shall beheld 6 months before being advertised for sale.

[5:42:1875; BH 4968; C 5034; RL 541; NCL 641]

NRS 108.430 Dispositionof unclaimed surplus. If the owner, or hisagent, fails to demand the surplus within 6 months from the time of the sale,then it shall be paid over to the county treasurer of the county in which thesale is made, to be held by him for a period of 12 months, subject to the orderof the owner, after which time, if the same is not paid to the owner, or hisauthorized agent, or some person legally entitled to receive the same, it shallbe paid over to the treasurer of the county where the sale is made, who shallpay the same over to the state treasurer for the benefit of the state permanentschool fund.

[6:42:1875; BH 4969; C 5035; RL 542; NCL 642]

BAILEES FOR HIRE OF PROPERTY IN STORAGE

NRS 108.440 Rightof bailee to sell property on bailors failure to pay storage charges.

1. When any property to be placed in storage has beenreceived by any person, firm or corporation acting as bailee for hire of theproperty to be placed in storage in any room, building or other structurebelonging to or leased by the bailee, the bailee may, in accordance with theprovisions of NRS 108.450, sell theproperty at public auction to the highest bidder if the bailor has failed topay the storage charges on the property.

2. The sale must not be made in any manner which iscontrary to any agreement between the bailor and the bailee.

[Part 1:173:1909; RL 534; NCL 634](NRS A 1981,1038)

NRS 108.450 Noticeand advertisement of sale; redemption of property.

1. The bailee shall notify the bailor of the intendedsale as follows:

(a) The notice must be delivered in person or sent bymail to the last known address of the bailor.

(b) The notice must include a statement of the claim, adescription of the goods, a demand for full payment and a statement that thegoods will be advertised for sale and sold at public auction unless payment ismade in full before the time and date of the sale specified in the notice.

2. An advertisement of the sale must be published oncea week for 2 weeks consecutively in a newspaper of general circulation in thetown or township where the bailee resides. The advertisement must include adescription of the goods, the name of the person on whose account they arebeing held, and the time and place of the sale. The first publication of theadvertisement must take place at least 15 days after the date on which thenotice was delivered or mailed, and the sale must take place at least 15 daysafter the first publication. If there is no newspaper of general circulation inthe town or township where the bailee resides, the notice may be given byposting notices in three or more public places in the town or township for atleast 10 days before the sale.

3. The bailor may redeem his property at any timebefore the public auction by paying to the bailee the amount of storagecharges, charges for late payment, costs of advertising and storage chargesincurred by the bailee on account of the property. A bailor has no right toredeem his property if it has been sold at an auction held at the time andplace specified in the notice.

[Part 1:173:1909; RL 534; NCL 634](NRS A 1981,1038)

NRS 108.460 Dispositionof proceeds of sale. Out of the proceeds ofthe sale the bailee may pay all just claims against the property sold,including the bailees charges for storage. If there be any surplus after alljust claims are satisfied, the bailee shall pay the same to the bailor, if hisaddress be known; if not, then the bailee shall deposit the same with thecounty treasurer of the county wherein the sale was made, who shall hold thesame for 1 year for the benefit of the owner, and if no owner appear to claimthe surplus it shall be paid over to the State Treasurer for the benefit of thestate permanent school fund.

[2:173:1909; RL 535; NCL 635]

NRS 108.470 Provisionsnot applicable to pawnbrokers or moneylenders. Theprovisions of NRS 108.440 to 108.460, inclusive, shall in no case beconstrued to affect any person, persons, firm or corporation doing apawnbroking or moneylending business in this state, and not acting as baileefor hire within the intendment of NRS108.440 to 108.460, inclusive.

[3:173:1909; RL 536; NCL 636]

LIENS OF OWNERS OF FACILITIES FOR STORAGE

NRS 108.473 Definitions. As used in NRS 108.473to 108.4783, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 108.4733 to 108.4745, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1983, 1665)

NRS 108.4733 Facilitydefined. Facility means real propertydivided into individual spaces for storing personal property which are rentedor leased to individual occupants and to which the individual occupant hasaccess. The term does not include a garage or storage area in a private residence.

(Added to NRS by 1983, 1665)

NRS 108.4735 Occupantdefined. Occupant includes a person, hissublessee, successor or assignee who is entitled to the exclusive use of aspace for storage at a facility pursuant to a rental agreement.

(Added to NRS by 1983, 1666)

NRS 108.474 Ownerdefined. Owner includes a lessor, operatoror other person authorized by the owner to manage a facility, enter into rentalagreements with occupants and collect rent from occupants.

(Added to NRS by 1983, 1666)

NRS 108.4743 Personalproperty defined. Personal property meansany property not affixed to land and includes goods, merchandise, furniture andhousehold items.

(Added to NRS by 1983, 1666)

NRS 108.4745 Rentalagreement defined. Rental agreement meansany written agreement or lease establishing or modifying the terms, conditionsor rules concerning the use and occupancy of an individual space in a facility.

(Added to NRS by 1983, 1666)

NRS 108.475 Useof facility for residence prohibited; eviction; nature of facility; effect ofissuance of document of title for property.

1. A person shall not use a facility for a residence.The owner of such a facility shall evict any person who uses the facility as aresidence in the manner provided for in NRS40.760.

2. A facility shall not be deemed to be a warehouse ora public utility.

3. If an owner of a facility issues a warehousereceipt, bill of lading or other document of title for the personal propertystored in the facility, the owner and occupant are subject to the provisions ofNRS 104.7101 to 104.7603, inclusive, and the provisions ofNRS 108.473 to 108.4783, inclusive, do not apply.

(Added to NRS by 1983, 1666; A 1989, 212; 2005, 885)

NRS 108.4753 Lienof owner of facility; priority of lien created by document of title.

1. The owner of a facility and his heirs, assignees orsuccessors have a lien on all personal property located at the facility for therent, labor or other charges incurred by the owner pursuant to a rentalagreement and for those expenses necessarily incurred by the owner to preserve,sell or otherwise dispose of the personal property.

2. Any lien created by a document of title for a motorvehicle or boat has priority over a lien attaching to that motor vehicle orboat pursuant to NRS 108.473 to 108.4783, inclusive.

(Added to NRS by 1983, 1666)

NRS 108.4755 Contentsof rental agreement.

1. Each rental agreement must be in writing and mustcontain:

(a) A provision printed in a size equal to at least10-point type that states, IT IS UNLAWFUL TO USE THIS STORAGE FACILITY AS ARESIDENCE.

(b) A statement that the occupants personal propertywill be subject to a claim for a lien and may be sold to satisfy that lien ifthe rent or other charges described in the rental agreement remain unpaid for14 consecutive days.

2. If any provision of the rental agreement providesthat an owner, lessor, operator, manager or employee of the facility, or anycombination thereof, is not liable, jointly or severally, for any loss or theftof personal property stored in the facility, the provision is unenforceableunless:

(a) The rental agreement contains a statement advisingthe occupant to purchase insurance for his personal property stored in thefacility and informing him that such insurance is available through mostinsurers;

(b) The provision and the statement are:

(1) Printed in all capital letters or, if therental agreement is printed in all capital letters, printed in all capital lettersand boldface type, italic type or underlined type; and

(2) Printed in a size equal to at least 10-pointtype or, if the rental agreement is printed in 10-point type or larger, printedin type that is at least 2 points larger than the size of type used for otherprovisions of the rental agreement; and

(c) The provision is otherwise enforceable pursuant tothe laws of this state.

3. NRS 108.473to 108.4783, inclusive, do not applyand the lien for charges for storage does not attach unless the rentalagreement contains a space for the occupant to provide the name and address ofan alternative person to whom the notices under those sections may be sent. Theoccupants failure to provide an alternative address does not affect theowners remedies under those sections.

4. The parties may agree in the rental agreement toadditional rights, obligations or remedies other than those provided by NRS 108.473 to 108.4783, inclusive. The rights providedin those sections are in addition to any other rights of a creditor against hisdebtor.

(Added to NRS by 1983, 1666; A 1989, 213; 1997, 921)

NRS 108.476 Unpaidcharges: Termination of occupants right to use space; notice; imposition oflien.

1. If any charges for rent or other items owed by theoccupant remain unpaid for 14 days or more, the owner may terminate theoccupants right to use his individual space for storage at the facility notless than 14 days after sending a notice by certified mail to the occupant, athis last address and to the alternative address provided by the occupant in therental agreement. The notice must contain:

(a) An itemized statement of the amount owed by theoccupant at the time of the notice and the date when the amount became due;

(b) The name, address and telephone number of the owneror his agent;

(c) A statement that the occupants right to use thespace for storage will terminate on a specific date unless the occupant paysthe amount owed to the owner; and

(d) A statement that upon the termination of the occupantsright to occupy the space and after the date specified in the notice, anowners lien pursuant to NRS 108.4753,will be imposed.

2. For the purposes of this section, last known addressmeans the address provided by the occupant in the most recent rental agreementbetween the owner and occupant, or the address provided by the occupant in awritten notice sent to the owner with a change of the occupants address afterthe execution of the rental agreement.

(Added to NRS by 1983, 1666; A 1985, 238)

NRS 108.4763 Ownersremedies upon nonpayment of charges; notice of sale; limit on earliest time forsale.

1. After the notice of the lien is mailed by theowner, if the occupant fails to pay the total amount due by the date specifiedin the notice, the owner may:

(a) Deny the occupant access to his space for storage;and

(b) Enter the space and remove the personal propertywithin it to a safe place.

2. The owner shall send the occupant a notice of asale to satisfy the lien by certified mail to the occupant at his last knownaddress and to the alternative address provided by the occupant in the rentalagreement at least 14 days before the sale. The notice must contain:

(a) A statement that the occupant may no longer use thespace for storage and no longer has access to his personal property storedtherein;

(b) A statement that the personal property of theoccupant is subject to a lien and the amount of the lien;

(c) A statement that the personal property will be soldto satisfy the lien on a date specified in the notice, unless the total amountof the lien is paid or the occupant executes and returns by certified mail, thedeclaration in opposition to the sale; and

(d) A statement of the provisions of subsection 3.

3. Proceeds of the sale over the amount of the lienand the costs of the sale must be retained by the owner and may be reclaimed bythe occupant or his authorized representative at any time up to 1 year from thedate of the sale.

4. The notice of the sale must also contain a blankcopy of a declaration of opposition to the sale to be executed by the occupantif he wishes to do so.

(Added to NRS by 1983, 1667; A 1985, 239)

NRS 108.4765 Occupantsdeclaration of opposition to sale. Theoccupant may prevent a sale of the personal property to satisfy the lien if heexecutes a declaration of opposition to the sale under penalty of perjury andreturns the declaration to the owner by certified mail. The declaration must containthe following:

1. The name, address and signature of the occupant;

2. The location of the personal property which is tobe sold to satisfy a lien;

3. The date the declaration was executed by theoccupant; and

4. A statement that:

(a) The occupant has received the notice of the sale tosatisfy the lien;

(b) He opposes the sale of the property; and

(c) He understands that the owner may commence anaction for the amount of the lien and the costs of the action.

(Added to NRS by 1983, 1667)

NRS 108.477 Saleof occupants property by owner: Advertisement; manner; distribution ofproceeds.

1. If the declaration in opposition to the lien saleexecuted by the occupant is not received by the date of the sale specified inthe notice mailed to the occupant, the owner may sell the property.

2. The owner shall advertise the sale once a week for2 consecutive weeks immediately preceding the date of the sale in anewspaper of general circulation in the judicial district where the sale is tobe held. The advertisement must contain:

(a) A general description of the personal property tobe sold;

(b) The name of the occupant;

(c) The number of the individual space for storage atthe facility where the personal property was stored; and

(d) The name and address of the facility.

3. If there is no newspaper of general circulation inthe judicial district where the sale is to be held, the advertisement must beposted 10 days before the sale in at least six conspicuous places near theplace of the sale.

4. The sale must be conducted in a commerciallyreasonable manner. After deducting the amount of the lien and the costs of thesale, the owner shall retain any excess proceeds from the sale on the behalf ofthe occupant.

5. The occupant or any person authorized by theoccupant or by an order of the court, may claim the excess proceeds or theportion of the proceeds necessary to satisfy the persons claim at any timewithin 1 year after the date of the sale. After 1 year, the ownershall pay any proceeds remaining from the sale to the treasurer of the countywhere the sale was held for deposit in the general fund of the county.

(Added to NRS by 1983, 1668; A 1985, 1163)

NRS 108.4773 Claimof property subject to security interest.

1. Any person who has a security interest in thepersonal property perfected pursuant to NRS104.9101 to 104.9709, inclusive,may claim the personal property which is subject to the security interest andto the lien for storage charges by paying the amount due, as specified in thepreliminary notice of the lien, for the storage of the property, if nodeclaration in opposition to the sale to satisfy the lien has been executed andreturned by the occupant to the owner.

2. Upon payment of the total amount due pursuant tothis section, the owner shall deliver the personal property subject to thesecurity interest to the person paying the amount of the owners lien. Theowner is not liable to any person for any action taken pursuant to this sectionif the owner complied with the provisions of NRS108.473 to 108.4783, inclusive.

(Added to NRS by 1983, 1668; A 1999, 387)

NRS 108.4775 Satisfactionof lien by person claiming interest in property. Beforethe sale to satisfy the lien, any person claiming an interest in the personalproperty may pay the amount necessary to satisfy the lien and the reasonable expensesincurred by the owner to protect his lien. If this is done, the personalproperty must not be sold, but the owner shall retain the property pending anorder by a court which directs the disposition of the property.

(Added to NRS by 1983, 1669)

NRS 108.478 Actionto enforce lien; enforcement of judgment; stay of enforcement pending appeal.

1. If the occupant signs, and returns to the owner,the declaration in opposition to the sale, the owner may commence an action inany court of competent jurisdiction to enforce his lien.

2. If, after the action to enforce the lien, the ownerobtains a judgment against the occupant for the amount of the lien, the ownermay enforce the judgment by a sale of the property conducted in a commerciallyreasonable manner more than 10 days after the notice of the entry of judgmenthas been filed with the court, unless within that time the occupant pays theamount of the judgment.

3. The occupant may stay the enforcement of thejudgment pending an appeal by posting with the court which entered thejudgment, a bond in an amount equal to 1.5 times the amount of the judgment. Ifthe occupant posts such a bond, the court may order the owner to return thepersonal property to the occupant.

(Added to NRS by 1983, 1669)

NRS 108.4783 Purchaserof property at sale to satisfy lien or enforce judgment takes free ofoccupants interest. Any person who purchasesthe personal property in good faith at a sale to satisfy the lien or a sale toenforce a judgment on a lien takes the property free of any interests of theoccupant, even though the owner who conducted the sale may have failed tocomply with the provisions of NRS 108.473to 108.4783, inclusive.

(Added to NRS by 1983, 1669)

LIEN OF PROPRIETOR OF HOTEL, MOTEL, LODGINGHOUSE ORBOARDINGHOUSE

NRS 108.480 Lienon personal property; sale after 30 days after default.

1. Except as provided in subsection 2, every hotel,inn, motel, motor court, boardinghouse or lodginghouse proprietor orproprietors, or person who lets rooms to lodgers for hire, shall have a lienupon all property belonging to his patron, guest, boarder or tenant broughtwithin the hotel, inn, motel, motor court, boardinghouse, lodginghouse or roomsfor the amount that may be due from any such person for boarding, lodging, rentor for money paid or advanced to him, and for such other extras as arefurnished at his request, and is authorized to retain possession of suchproperty until the innkeepers lien and the cost of enforcing it are satisfied.

2. Tools or implements necessary to carry on the tradeor employment of, and required work uniforms belonging to, such patron, guest,boarder or tenant are exempt from the provisions of this section.

3. At any time after 30 days after default made in thepayment of a debt secured by a lien upon personal property as in this sectionprovided, such lien may be foreclosed by sale of the property or some partthereof as provided in NRS 108.500.

[1:35:1867; A 1953, 361](NRS A 1957, 122; 1967, 406)

NRS 108.490 Saleof baggage or property left at hotel, motel, lodginghouse or boardinghouse. All baggage or property of whatever description left at ahotel, inn, motel, motor court, boardinghouse or lodginghouse for the period of60 days may be sold at public auction by the proprietor or proprietorsthereof as provided in NRS 108.500.

[2:35:1867; A 1953, 361](NRS A 1957, 122)

NRS 108.500 Salesat public auction: Notice; disposition of proceeds.

1. All sales made under NRS 108.480 and 108.490 shall be made at public auction.

2. No sale shall be valid unless notice of the sale ispublished at least once a week for 2 successive weeks prior to the sale, insome newspaper published in the county in which the sale is to take place, or,in case no newspaper is published therein, by posting notices at least 10 daysprior to the sale in at least three public places in the county, two of whichshall be in the township where the property is to be offered for sale.

3. The notice shall:

(a) Give a description of the property to be sold.

(b) Give the time and place of the sale.

(c) Give the name of the hotel, inn, motel, motorcourt, boardinghouse or lodginghouse at which the property or baggage was left.

(d) Give the name of the owner of the property whenknown.

(e) Be signed by the person conducting the sale.

4. If the name and residence of the owner of theproperty upon which the lien is to be foreclosed is known, a copy of the noticeshall, at the time of the posting or publication, be delivered to him, if heresides in the county; otherwise, it shall be mailed to him at his last knownplace of residence.

5. After paying all costs of keeping the propertyuntil the time of sale, the reasonable costs of the sale and the amount due thelien claimant, the remainder, if any, shall be paid to the county treasurer ofthe county in which the lien is foreclosed with a statement of the innkeepersclaim, the costs of enforcing it, a copy of the published or posted notice, andthe amount received for the property sold at the sale. The residue shall bepaid into the county school district fund, subject to a right of the guest orboarder, or his representative, to reclaim it within 6 months from the date ofthe deposit.

[3:35:1867; A 1953, 361](NRS A 1957, 122; 1959, 23;1971, 513)

LIEN OF PROPRIETOR OF CHILD CARE ESTABLISHMENT

NRS 108.515 Lienon baggage or property left at establishment; sale of baggage or property;disposition of proceeds.

1. If a person removes a child from a child careestablishment or abandons a child in that establishment for 3 months, thekeeper or proprietor of that establishment may sell or cause to be sold atpublic auction any baggage or property left at that establishment. The salemust be made in the manner provided in NRS108.480, 108.490 and 108.500.

2. The proceeds of the sale, after payment of anyindebtedness due for the care of the child and the costs of the sale, must bepaid to the county treasurer to be held by him for 6 months for the benefit ofthe owner of the property sold.

3. If the proceeds are not paid to the owner or anyother person entitled to receive them within that period, the proceeds must bedeposited in the county school district fund of the county.

4. As used in this section:

(a) Care includes board, laundry, lodging, teaching,incidental materials and supplies, necessary articles of apparel or clothingand necessary medical, nursing or hospital service for which a child careestablishment is liable.

(b) Child care establishment includes any childrenshome, day nursery, kindergarten, nursery school or other similar establishmenthowever designated, maintained or operated for the care of children forcompensation or hire.

(Added to NRS by 1987, 1299)

LIEN OF AGISTOR, FEEDER OR BREEDER

NRS 108.540 Lienupon animals; priority; demand for payment; foreclosure; penalty for taking ordriving away animal.

1. Any person furnishing feed, pasture or otherwiseboarding any animal or animals, at the request or with the consent of the owneror his representative, has a lien upon the animal or animals, and may retainpossession thereof until the sum due for the feed, pasture or board has beenpaid. Such a lien is subordinate only to such other liens of third persons ashave been placed on record, as required by law, in the county where the feed,pasture or board was or is being furnished.

2. Before foreclosing the lien by sale, the personfurnishing the feed, pasture or board shall mail a registered or certifiedletter to the owner, or purported owner, of the animal or animals, at theowners, or purported owners, last known address. The letter must demandpayment of all money due for the feed, pasture or board, and must inform theowner that if payment is not made the lien will be foreclosed by sale. Ifpayment is not made within 30 days from the date of mailing the registered orcertified letter, the lien may be foreclosed by sale, in the manner provided byNRS 108.550.

3. Any person who takes and drives away any suchanimal or animals, while in the possession of the person feeding, pasturing orboarding them, without the consent of the person feeding, pasturing or boardingthem, and without first having paid all reasonable charges due thereon, isguilty of a misdemeanor. Nothing contained in this subsection releases theowner of the animal or animals from the amount of any lien which may be duethereon, under this section.

[1911 CPA 557; RL 5499; NCL 9046] + [1911 CPA 558; RL 5500; NCL 9047] + [3:20:1866; B 146; BH 3834; C 3907; RL 2232; NCL 3754](NRS A 1959, 157; 1967, 529; 1969, 95; 1985, 507)

NRS 108.550 Foreclosureof lien; sale; disposition of proceeds.

1. The lien provided for in NRS 108.540 may be foreclosed in thefollowing manner:

(a) A notice must be posted for a period of 10 days inthree public and conspicuous places in the county where the animals are beingfed, pastured or boarded, which notice must also be published in one issue of anewspaper of general circulation in the county.

(b) The notice must:

(1) Specify the nature and amount of the lien.

(2) Specify that it is the intention of thelienholder to foreclose the animal or animals by sale.

(3) Specify a description of the animal oranimals.

(4) Specify the name and last known address ofthe owner or purported owner of the animal or animals.

(5) State that unless the amount of the lien ispaid on or before a specified date, the animal or animals, or so many thereofas may be necessary, will be sold at public auction at the place and on the dayand hour specified in the notice.

(6) Be signed and dated by the lienholder.

(c) The lienholder shall specify a day for the purposesof the demand in subparagraph (5) of paragraph (b). The day specified must notbe less than 10 nor more than 15 days after the date of the publication of thenotice.

(d) A true copy of the demand and notice must be mailedby registered or certified letter and at the time of publication to the lastknown address of the holder of every lien appearing of record in the county.

2. The sale provided for in this section may beconducted by the person furnishing the feed, pasture or board, or by any otherperson who may be designated by the lienholder. Only such number of animalswill be sold as may be necessary to discharge the lien and pay the cost of thepublication of notice, plus the sum of $5 to be allowed to the person makingthe sale. No sale may be made except when the animals to be sold are corralledand have been viewed by the bidders. Any expense incidental to rounding up orbringing the animal or animals to the place of sale is also a proper and anadditional charge against the owner. The lienholder may be a bidder at thesale. From the proceeds of the sale, the lienholder shall satisfy his lien,including the additional charges mentioned in this subsection, delivering overthe balance, if any, to the owner. If the owner is out of the state or cannotbe found, the balance must be deposited with the county treasurer of the countyin which the sale was conducted.

3. If the balance is not called for by the ownerwithin 6 months after the date of sale, the balance must be paid into thecounty school district fund.

4. The highest bidder at the sale shall immediatelypay the amount bid in cash and receive title to the animals sold, subject onlyto any prior lien appearing of record in the county, but before title vests inthe successful bidder there must be recorded with the recorder of the county inwhich the sale was held a certificate executed by the person conducting thesale, to which must be attached the publishers proof of publication of thenotice of sale to foreclose the lien. The certificate must specify:

(a) The name and address of the buyer.

(b) That the buyer was the highest bidder.

(c) The amount bid and paid.

(d) The kind, color, size, weight, brand, if any, andearmarks, if any, of the animal or animals sold.

5. No person requesting or consenting to the furnishingof feed, pasture or board is entitled to assert a lien prior to that providedfor in this section.

6. This section is intended to supplement existing lawand the remedy provided in this section is not exclusive. This section does notdeprive the lienholder from resorting to any other legal remedy.

[1:227:1945; 1943 NCL 3782] + [2:227:1945; 1943 NCL 3782.01] + [3:227:1945; 1943 NCL 3782.02] + [4:227:1945; 1943 NCL 3782.03] + [5:227:1945; 1943 NCL 3782.04] + [6:227:1945; 1943 NCL 3782.05](NRSA 1959, 158; 1969, 95; 1971, 513; 1985, 240; 2001, 1752)

NRS 108.560 Dispositionof livestock in settlement of pasturage or feed bills: Appraisement; sale;right of redemption.

1. If the bill or claim for pasturage or feed forlivestock in the judgment of the person furnishing the pasturage or feed equalsthe value of the livestock pastured or fed, and the owner of the livestock hasfailed or neglected to pay for the pasturage or feed, the person furnishing thepasturage or feed may have the livestock appraised by three competent anddisinterested freeholders. If the appraisement does not exceed by 10 percentthe amount of the unpaid pasturage or feed bill, upon the recording of theappraisement with the county recorder of the county in which the livestock issituated, the title to the livestock vests in the person furnishing thepasturage or feed and he may sell the livestock, subject to the right ofredemption mentioned in subsection 2.

2. At any time within 1 year after the recording ofthe appraisement, the original owner of the livestock may redeem the livestockfrom the possessor thereof by paying or tendering as payment to the possessorthe amount of the appraisement together with 25 percent of the appraisementadditional as damages. If payment or tender is not made by the original ownerwithin 1 year after the recording of the appraisement, the title of thepossessor of the livestock is absolute.

[1:177:1913; 1919 RL p. 2840; NCL 3755] +[2:177:1913; 1919 RL p. 2840; NCL 3756](NRS A 2001, 1754)

NRS 108.570 Serviceof stallion: Lien on mare and offspring; penalties.

1. The owner or keeper of any stallion may advertisethe terms upon which he will let such stallion to service, by publicationthereof in some newspaper of the county where the stallion is kept, for 60 daysduring the season of each year, or by printed handbills conspicuously postedduring such period in four or more public places in the county, including theplace where the stallion is kept. The publication or posting, as aforesaid, ofthe terms of such service shall impart notice thereof to the owner of any mareserved by such stallion during the season. In all actions and controversies inrespect to the foal, the owner of the mare so served shall be deemed to haveaccepted and assented to the terms when so advertised and published or postedas provided herein.

2. When the terms of such service by any stallion,published or posted as provided in subsection 1, shall provide that the mareand foal will be held for the money due for the service of the stallion, thenthe owner or keeper of the stallion shall have a lien for such sum on the marefrom the time of service and on the offspring of the mare served for the periodof 1 year after the birth of such foal, which lien shall be preferred to anyprior lien, encumbrance or mortgage whatever. The publication or posting, asaforesaid, of the terms of such service shall be deemed notice to any thirdperson of the existence of such lien.

3. Any person who shall sell, convey or dispose of anyanimal upon which there exists a lien, as created in subsection 2, without thewritten consent of the person holding such lien, and without informing theperson to whom the same is sold or conveyed that the lien exists, or who shallinjure or destroy such animal, or aid or abet the same, for the purpose ofdefrauding the lienor, or who shall remove or conceal or aid or abet inremoving or concealing such animal, with intent to hinder, delay or defraudsuch lienor, shall be guilty of a misdemeanor.

[1:150:1913; 1919 RL p. 2850; NCL 3757] +[2:150:1913; 1919 RL p. 2851; NCL 3758] + [3:150:1913; 1919 RL p. 2851; NCL 3759]

LIENS ON ORE DELIVERED TO CUSTOM MILLS OR REDUCTION WORKS

NRS 108.580 Personsselling ore to reduction works have preferred liens. Whereore is delivered to a custom mill or reduction works, and either sold to themill or reduction works or worked at a percentage, the person or persons sofurnishing ore to the mill or reduction works shall have a preferred lien uponthe bullion product, and upon the ore not reduced as against attachment andother creditors.

[1911 CPA 550; RL 5492; NCL 9039]

LIENS OF HOSPITALS

Lien on Judgment or Settlement

NRS 108.590 Extentof lien; exception; lien in addition to lien on property.

1. Whenever any person receives hospitalization onaccount of any injury, and he, or his personal representative after his death,claims damages from the person responsible for causing the injury, the hospitalhas a lien upon any sum awarded the injured person or his personalrepresentative by judgment or obtained by a settlement or compromise to theextent of the amount due the hospital for the reasonable value of thehospitalization rendered before the date of judgment, settlement or compromise.

2. The lien provided by this section is:

(a) Not valid against anyone coming under the provisionsof chapters 616A to 616D, inclusive, or chapter617 of NRS.

(b) In addition to the lien provided by NRS 108.662.

[1:421:1955](NRS A 1985, 1646; 1999, 230)

NRS 108.600 Limitationson extent of lien.

1. No rights or claims for liens under NRS 108.590 to 108.660, inclusive, shall be allowed forhospitalization rendered an injured person after a settlement has been effectedby or on behalf of the party causing the injury.

2. No lien shall apply or be allowed against any sumincurred by the injured party for necessary attorney fees, costs and expensesincurred by the injured party in securing a settlement, compromise orrecovering damages by an action at law.

[3:421:1955]

NRS 108.610 Noticeof lien required: Recording and service. Inorder to perfect the lien, the hospital or the owner or operator thereof shall:

1. Before the payment of any money to the injuredperson or to his legal representative as compensation for injuries received,record a notice of lien, substantially in the form prescribed in NRS 108.620, containing an itemizedstatement of the amount claimed. The notice of lien must be filed with:

(a) The county recorder of the county wherein thehospital is located; and

(b) The county recorder of the county wherein theinjury was suffered, if the injury was suffered in a county other than thatwherein the hospital is located.

2. Before the date of judgment, settlement orcompromise, serve a certified copy of the notice of lien by registered orcertified mail upon the person alleged to be responsible for causing the injuryand liable for damages on account thereof and from which damages are claimed.

3. Before the date of judgment, settlement orcompromise, serve a certified copy of the notice of lien by registered orcertified mail upon the insurance carrier, if known, which has insured againstliability of the person alleged to be responsible for causing the injury andliable for damages on account thereof and from which damages are claimed.

[2:421:1955](NRS A 1969, 95; 2001, 1754)

NRS 108.620 Formof notice. The form of the notice required by NRS 108.610 must be substantially asfollows:

 

Notice is hereby given that................................ has rendered services in hospitalization for................................, a person who was injured on the ....... dayof the month of ....... of the year ....... in the city of ................,county of ................................, on or about the ....... day of themonth of ....... of the year .......; and that ................................(name of claimant) hereby claims a lien upon any money due or owing or anyclaim for compensation, damages, contribution, settlement or judgment from................................, alleged to have caused the injuries, or anyother person, corporation or association liable for the injury. Thehospitalization was rendered to the injured person between the ....... day ofthe month of ....... of the year ....... and the ....... day of the month of....... of the year .......

 

Itemized Statement

 

............................................................................... ....................... ........................... ............................................................................... ....................... ...........................

 

That 90 days have not elapsed since the termination ofhospitalization; that the claimants demands for such care or service is in thesum of $................ and that no part thereof has been paid except$................; and that there is now due and owing and remaining unpaid ofsuch sum, after deducting all credits and offsets, the sum of$................, in which amount lien is hereby claimed.

 

..................................... ,Claimant.

 

State of Nevada }

}ss.

County of......................................................... }

 

I, ................................, being first dulysworn, on oath say:

That I am ................................, named in theforegoing claim of lien; that I have read the same and know the contentsthereof and believe the same to be true.

 

.......................................................

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

...............................................................................

Notary Public in and for the

above-named county and state.

 

[6:421:1955](NRS A 1985, 1646; 2001, 31)

NRS 108.640 Hospitalrecords: Examination; copying. Any partylegally liable or against whom a claim shall be asserted for compensation ordamages for injuries shall have a right to examine and make copies of allrecords of any hospital in reference to and connected with the hospitalizationof such injured person.

[4:421:1955]

NRS 108.650 Paymentto injured person after notice of lien; liability and payment to hospital.

1. Any person or his insurer who, after the receipt ofa certified copy of the notice of lien pursuant to NRS 108.610, makes any payment to theinjured person, his heirs, personal representatives or the attorney for any ofthem, as compensation for the injury suffered, without paying the hospital thereasonable value of hospitalization rendered to the injured person and claimedin its notice of lien or so much thereof as can be satisfied out of the moneydue under any final judgment, settlement or compromise, after paying theattorneys fees, costs and expenses incurred in connection therewith and any priorliens, is, for a period of 180 days after the date of that payment, liable tothe hospital for the amount or part thereof which the hospital was entitled toreceive. The hospital has, within that period, a cause of action or other claimfor relief against the person or insurer making the payment, which may beprosecuted and maintained in any county wherein the notice of lien was filed.

2. If the hospital is publicly owned or not forprofit, the person or his insurer shall make the payment to the hospital byissuing to the hospital a separate check or other negotiable instrument.

[7:421:1955](NRS A 1987, 1676)

NRS 108.660 Foreclosureof lien.

1. The lien described in NRS 108.590 may be foreclosed by a suit inthe district court.

2. In any suit brought pursuant to the provisions of NRS 108.590 to 108.660, inclusive, upon entering a decreefor the plaintiff the court shall allow as part of the costs and disbursementsall moneys paid for the filing and recording of the notice of lien andreasonable attorneys fees.

[8:421:1955]

Liens on Real Property

NRS 108.662 Extentof lien; notice of lien; amendment of notice.

1. Except as otherwise provided in subsection 4, acounty or district hospital has a lien upon the real property of a person forcharges incurred and unpaid for the care of the owner of the property or aperson for whose support the owner is legally responsible.

2. The notice of the lien must be served upon theowner by certified or registered mail and filed in the office of the countyrecorder of the county where the real property is located not sooner than 90days nor later than:

(a) Three years after the patients discharge; or

(b) One year after the patient defaults on paymentsmade pursuant to a written contract,

whichever islater, except that the notice may be served and filed within 6 months after anydefault pursuant to a written contract.

3. The notice of the lien must contain:

(a) The amount due;

(b) The name of the owner of record of the property;and

(c) A description of the property sufficient foridentification.

4. If the amount due as stated in the notice of lienis reduced by payments and any person listed in subsection 2 of NRS 108.665 gives written notice of thatreduction to the county or district hospital which recorded the lien, thecounty or district hospital shall amend the notice of lien stating the amountthen due, within 10 days after it receives the written notice.

(Added to NRS by 1985, 1645)

NRS 108.665 Foreclosure:Manner; limitations.

1. A lien for charges owed to a hospital may beforeclosed by a suit in the district court in the same manner as an action forforeclosure of any other lien.

2. The lien may not be foreclosed during the:

(a) Lifetime of the owner of the property, his spouse,his dependent adult child if that child is mentally or physically disabled or ajoint tenant if he was a joint tenant at the time of the patients discharge;or

(b) Minority of any child of the owner,

if the owneror joint tenant resides on the property, or his spouse, dependent or minorchild resides on the property and has acquired title thereto.

3. If the hospital does not file a suit to foreclosethe lien within 2 years after the date the notice of lien is recorded by thehospital, the lien is extinguished.

(Added to NRS by 1985, 1645; A 1995, 1524)

NRS 108.668 Releaseof lien upon payment; demand by owner that hospital file suit to foreclose;penalty for failure to release lien.

1. A county or district hospital shall release itslien upon payment of the charges.

2. If the amount or the validity of the charges owedor the validity of the lien is disputed by the owner of the property, the ownermay give the county or district hospital written notice of the dispute anddemand that the hospital file a suit to foreclose the lien within 90 days. Ifthe county or district hospital does not file suit within the 90-day period,the lien is extinguished. The county or district hospital shall release itslien upon the expiration of the 90-day period.

3. Any county or district hospital that fails torelease a lien pursuant to subsection 1 or 2 when required is liable in a civilaction for treble damages, if the plaintiff in the action gives the county ordistrict hospital at least 15 days written notice of its failure to releasethe lien and the release has not been recorded.

(Added to NRS by 1985, 1646)

LIENS ON VESSELS

NRS 108.670 Extentof lien; detention of vessel; priority of claims.

1. A vessel in this state is subject to a lien for wagesdue to persons employed, for work done or services rendered on board thevessel.

2. A person engaged in the business of buying orselling or keeping a shop or place for the storage, maintenance, keeping orrepair of vessels or rental of spaces for vessels and who in connectiontherewith stores, maintains, keeps or repairs a vessel or furnishesaccessories, facilities, services or supplies therefor, at the request or withthe consent of the owner or his representative, or at the direction of any peaceofficer or other authorized person who orders the towing or storage of a vesselthrough any action permitted by law, has a lien upon the vessel or any part orparts thereof for the sum due for towing, storing, maintaining, keeping orrepairing the vessel or for labor furnished thereon, or for furnishingaccessories, facilities, services or supplies therefor, and for all costsincurred in enforcing the lien.

3. Any person, firm or corporation entitled to a lienas provided in subsection 1 or 2 may, without process of law, detain the vesselat any time it is lawfully in his possession until the sum due to him is paid.

4. The liens described in subsection 1 have priorityover the liens described in subsection 2.

(Added to NRS by 1957, 215; A 1981, 168; 1993, 223)

NRS 108.680 Rightof lienholder not lost when vessel removed from his control; seizure withoutprocess of law.

1. A holder of a lien under the provisions of NRS 108.670 does not lose his lien byreason of allowing the vessel to be removed from his control.

2. In case a vessel is so removed, the lienholder may,without further process of law, seize the vessel wherever it may be foundwithin this state.

(Added to NRS by 1957, 215; A 1993, 224)

NRS 108.690 Amountby which lien exceeds $1,000 is secondary to perfected security interest. To the extent that a lien or the aggregate of severalliens acquired as provided in NRS 108.670to 108.760, inclusive, exceeds $1,000,it is secondary to a perfected security interest in the vessel.

(Added to NRS by 1957, 215; A 1985, 372; 1993, 224)

NRS 108.700 Liendoes not deprive lienholder of other remedy. Alien created in NRS 108.670 to 108.760, inclusive, does not deprive the holderof any other remedy allowed by law for the collection of charges and advanceswhich he has made in connection with work or services, or supplies, facilitiesor accessories furnished for, on or about a vessel pursuant to an express orimplied contract between the lienholder and the owner, or a representative ofthe owner, of the vessel.

(Added to NRS by 1957, 215; A 1993, 224)

NRS 108.710 Satisfactionof lien: Notice; sale by auction; disposition of proceeds. A lien created in NRS108.670 to 108.760, inclusive, maybe satisfied as follows:

1. The lienholder shall give written notice to theperson on whose account the charges secured by the lien were incurred and toany other person known to have or claim an interest in the vessel upon whichthe lien is asserted.

2. The notice must be given by delivery in person orby registered or certified letter addressed to the last known place of businessor abode of the person or persons to be notified, and if no address is knownthen addressed to the person or persons at the place where the lienholder hashis place of business.

3. The notice must contain:

(a) A statement of the claim, showing the sum due atthe time of the notice and the date or dates when it became due.

(b) A description of the vessel against which the lienexists.

(c) A demand that the amount of the claim as stated inthe notice, and of such further claim as may accrue, must be paid on or beforea day mentioned.

(d) A statement that unless the claim is paid withinthe time specified the vessel will be advertised for sale, and sold by auctionat a specified time and place.

4. The lienholder shall determine a day for thepurposes of the demand in paragraph (c) of subsection 3. The day mentioned mustbe:

(a) Not less than 10 days after the delivery of thenotice if it is personally delivered; or

(b) Not less than 10 days after the time when thenotice should reach its destination, according to the due course of post, ifthe notice is sent by mail.

5. In accordance with the terms of a notice so given,a sale by auction may be held to satisfy any valid claim which has become alien on the vessel. The sale must be held in the place where the lien wasacquired, or, if the place is manifestly unsuitable for the purpose, at thenearest suitable place.

6. After the time for the payment of the claimspecified in the notice has elapsed, an advertisement of the sale, describingthe boat or vessel to be sold, and stating the name of the owner or person onwhose account the sale is held, and the time and place of the sale, must bepublished once a week for 3 consecutive weeks in a newspaper published in theplace where the sale is to be held, but if no newspaper is published in thatplace then in a newspaper having a general circulation in that place. The salemust not be held less than 22 days from the time of the first publication.

7. From the proceeds of the sale the lienholder shallsatisfy his lien, including the reasonable charges of notice, advertisement andsale. The balance, if any, of the proceeds must be delivered, on demand, to theperson to whom he would have been bound to deliver, or justified in delivering,the vessel.

(Added to NRS by 1957, 215; A 1969, 95; 1985, 241;1993, 224)

NRS 108.720 Paymentof lien and expenses before sale. At any timebefore a vessel is so sold, any person claiming a right of property orpossession therein may pay the lienholder the amount necessary to satisfy hislien and to pay the reasonable expenses and liabilities incurred in servingnotices and advertising and preparing for the sale up to the time of payment.The lienholder shall deliver the vessel to the person making payment, if he isa person entitled to the possession of the vessel, on payment of the chargesthereon.

(Added to NRS by 1957, 216; A 1993, 225)

NRS 108.730 Remedyfor enforcing lien does not preclude other remedies. Theremedy for enforcing the lien provided in NRS108.670 to 108.760, inclusive, doesnot preclude any other remedies allowed by law for the enforcement of a lienagainst personal property nor bar the right to recover so much of thelienholders claim as is not paid by the proceeds of the sale of the property.

(Added to NRS by 1957, 216; A 1993, 225)

NRS 108.740 Lawfulsale releases lienholder. After a vessel hasbeen lawfully sold to satisfy a lien created in NRS 108.670 to 108.760, inclusive, the lienholder is notliable for failure to deliver the vessel to a previous owner or claimant.

(Added to NRS by 1957, 217; A 1993, 225)

NRS 108.750 Validityof lien may be contested; responsibility of lienholder to owner after sale tothird person. NRS 108.670 to 108.760, inclusive, do not preclude theowner of a vessel, or preclude any other person having an interest or equity inthe vessel, from contesting the validity of a lien, and for this purpose alllegal rights and remedies that such a person would otherwise have are reservedto and retained by him; but after a sale has been made to an innocent thirdparty the lienholder is solely responsible for loss or damage occasioned theowner, or any other person having an interest or equity in the property, byreason of the invalidity of the lien, or by reason of failure of the lienholderto proceed in the manner provided in those sections.

(Added to NRS by 1957, 217; A 1993, 225)

NRS 108.760 Penaltyfor incurring bill without authority or by misrepresentation. A person who incurs a bill upon a vessel without theauthority of the owner thereof, or by misrepresentation, is guilty of amisdemeanor.

(Added to NRS by 1957, 217; A 1967, 530; 1993, 226)

LIENS FOR CLEANING, PRESSING, GLAZING OR WASHING GARMENTS,CLOTHING, WEARING APPAREL OR HOUSEHOLD GOODS

NRS 108.770 Lienupon garments, clothing, wearing apparel or household goods for amount ofaccount due; lien to include value or agreed price of materials furnished. Every person, firm or corporation engaged in cleaning,pressing, glazing or washing garments, clothing, wearing apparel or householdgoods for a price shall have a lien upon the garments, clothing, wearingapparel or household goods for the amount of any account that may be due forthe work done thereon, where such account is not paid for 90 days or more aftercompletion of such work. The lien shall also include the value or agreed price,if any, of all materials furnished by the lienholder in connection with thework.

(Added to NRS by 1963, 170)

NRS 108.780 Liensfor work done and for storage by agreement; exemption of warehousemen. Every person, firm or corporation engaged in cleaning,pressing, glazing or washing garments, clothing, wearing apparel or householdgoods which are placed in storage by agreement shall have a lien upon thegarments, clothing, wearing apparel or household goods for the amount of anyaccount that may be due for the work done thereon, and for storage, where theaccount is not paid for 12 months or more after completion of such work. Thelien shall also include the value or agreed price, if any, of all materialsfurnished by the lienholder in connection with the work. Persons, firms orcorporations operating as warehouses or warehousemen shall not be affected bythis section.

(Added to NRS by 1963, 170)

NRS 108.790 Salesby lienholders after notice. If any accountfor work done or materials furnished remains unpaid for 90 days or more aftercompletion of the work, or if the articles are placed in storage, and thecharges for storage and for work done and materials furnished remain unpaid for12 months or more, the lienholder may, upon 30 days notice in writing to the ownerspecifying the amount due and informing him that the payment of the amount duewithin 30 days will entitle him to redeem the property, sell any such articleor articles at public or bona fide private sale to satisfy the account.

(Added to NRS by 1963, 171)

NRS 108.800 Serviceor posting of notice; disposition of proceeds of sale.The notice may be served by registered or certified mail, with returnreceipt requested, directed to the owners last known address, or, if the owneror his address is unknown, it may be posted in a prominent place in thereceiving office of the person, firm or corporation who is the lienholder. Theproceeds of the sale, after paying the expenses thereof, shall first be appliedto liquidate the indebtedness secured by the lien, and the balance, if any,shall be paid over to the owner of the property.

(Added to NRS by 1963, 171)

NRS 108.810 Waiverof lien; action upon amount. Nothing containedin NRS 108.770 to 108.820, inclusive, shall be construed aspreventing the lienholder from waiving the lien herein provided for, and suingupon the amount if he elects to do so.

(Added to NRS by 1963, 171)

NRS 108.820 Noticesto be posted in business establishments. Thefollowing notices shall be posted in the business establishments of eachperson, firm or corporation engaged in cleaning, pressing, glazing or washinggarments, clothing, wearing apparel or household goods, and wishing to takeadvantage of NRS 108.770 to 108.820, inclusive, in a prominent place inits receiving office at all times:

1. All articles cleaned, pressed, glazed, laundered,washed, altered or repaired which are not called for within 90 days will besold to pay charges.

2. All articles stored by agreement, where chargeshave not been paid for 12 months, will be sold to pay charges.

(Added to NRS by 1963, 171)

FEDERAL LIEN REGISTRATION (UNIFORM ACT)

NRS 108.825 Shorttitle. NRS108.825 to 108.837, inclusive, maybe cited as the Uniform Federal Lien Registration Act.

(Added to NRS by 1967, 362; A 1979, 653)

NRS 108.826 Applicability. The Uniform Federal Lien Registration Act applies only tofederal tax liens and other federal liens, notices of which are required orpermitted to be filed in the same manner as notices of federal tax liens.

(Added to NRS by 1979, 653)

NRS 108.827 Federalliens: Place of filing.

1. Notices of liens, certificates and other noticesaffecting federal tax liens or other federal liens must be filed in accordancewith NRS 108.825 to 108.837, inclusive.

2. Notices of liens upon real property for obligationspayable to the United States and certificates and notices affecting the liensmust be filed in the office of the county recorder of the county in which thereal property subject to the liens is situated.

3. Notices of federal liens upon personal property,whether tangible or intangible, for obligations payable to the United Statesand certificates and notices affecting the liens must be filed as follows:

(a) If the person against whose interest the lienapplies is a corporation or a partnership whose principal executive office isin this state, as these entities are defined in the internal revenue laws ofthe United States, in the office of the Secretary of State.

(b) If the person against whose interest the lienapplies is a trust that is not covered by paragraph (a), in the office of theSecretary of State.

(c) If the person against whose interest the lienapplies is the estate of a decedent, in the office of the Secretary of State.

(d) In all other cases in the office of the countyrecorder of the county where the person against whose interest the lien appliesresides at the time of filing of the notice of lien.

(Added to NRS by 1967, 362; A 1979, 653; 1993, 198)

NRS 108.829 Executionof notices and certificates. Certification ofnotices of liens, certificates or other notices affecting federal liens by theSecretary of the Treasury of the United States or his delegate, or by anyofficial or entity of the United States responsible for filing or certifying ofnotice of any other lien, entitles them to be filed and no other attestation,certification or acknowledgment is necessary.

(Added to NRS by 1967, 362; A 1979, 654)

NRS 108.831 Dutiesof filing officer.

1. If a notice of federal lien, a refiling of a noticeof federal lien or a notice of revocation of any certificate described insubsection 2 is presented to the filing officer who is:

(a) The Secretary of State, he shall cause the noticeto be marked, held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were afinancing statement within the meaning of the Uniform Commercial Code.

(b) Any other officer described in NRS 108.827, he shall endorse thereon hisidentification and the date and time of receipt and forthwith file italphabetically or enter it in an alphabetical index showing the name of theperson named in the notice and the date of receipt.

2. If a certificate of release, nonattachment,discharge or subordination of any federal lien is presented to the Secretary ofState for filing he shall:

(a) Cause a certificate of release or nonattachment tobe marked, held and indexed as if the certificate were a termination statementwithin the meaning of the Uniform Commercial Code, except that the notice oflien to which the certificate relates must not be removed from the files; and

(b) Cause a certificate of discharge or subordinationto be held, marked and indexed as if the certificate were a release ofcollateral within the meaning of the Uniform Commercial Code.

3. If a refiled notice of federal lien referred to insubsection 1 or any of the certificates or notices referred to in subsection 2is presented for filing with any other filing officer specified in NRS 108.827, he shall enter the refilednotice or the certificate with the date of filing in any alphabetical index ofliens.

4. Upon request of any person, the filing officershall issue his certificate showing whether there is on file, on the date andhour stated therein, any active notice of lien or certificate or noticeaffecting any lien filed under NRS 108.825to 108.837, inclusive, naming aparticular person and, if a notice or certificate is on file, giving the dateand hour of filing of each notice or certificate. The certificate must statethat it reveals active liens only. The fee for a certificate is:

(a) Twentydollars if the request is communicated in writing; and

(b) Fifteen dollars if the request is communicated byanother medium authorized by filing-office rule.

5. Upon request, the filing officer shall furnish acopy of any notice of federal lien or notice or certificate affecting a federallien for the statutory fee for copies.

(Added to NRS by 1967, 362; A 1975, 189; 1979, 654;1983, 597; 1985, 1688; 1993, 199, 284; 1999, 388; 2003, 843)

NRS 108.833 Fees.

1. The county recorder shall charge the standard feefor filing and indexing each notice of lien, certificate or notice affectingthe lien. No fee may be charged for recording the release of any federal taxlien which was filed before March 24, 1967.

2. The Secretary of State shall:

(a) Charge for filing and indexing each notice offederal lien, certificate or notice affecting the lien, or a search or copyrelating to the lien, any one or a combination of the fees provided in NRS 104.9525 with respect to a financingstatement. This fee includes the subsequent recording of a certificate ofdischarge, nonattachment, release or subordination of the lien. No fee may be chargedfor recording the release of any federal tax lien which was filed before March24, 1967.

(b) Accept, file and index all notices of federal taxliens filed on behalf of the Federal Government without requiring payment ofthe fee at the time of filing. He shall then submit an invoice each month tothe Internal Revenue Service for all fees accrued during the billing period.

(Added to NRS by 1967, 363; A 1969, 38; 1979, 76,655; 1981, 270; 1993, 285; 1999, 388)

NRS 108.837 Uniformityof interpretation. NRS 108.825 to 108.837, inclusive, must be interpreted andconstrued to effectuate their general purpose to make uniform the law of thosestates which enact such sections.

(Added to NRS by 1967, 363; A 1979, 655)

LIENS TO RECOVER BENEFITS PAID FOR MEDICAID

NRS 108.850 Petitionfor lien.

1. A petition to the district court for the impositionof a lien as described and limited in NRS422.29306 to recover money owed to the Department of Health and HumanServices as a result of payment of benefits for Medicaid must set forth:

(a) The facts concerning the giving of assistance;

(b) The name and address of the person who is receivingor who received the benefits for Medicaid;

(c) A description of the property, sufficient for identification,and its estimated value;

(d) The names, ages, residences and relationship of allpersons who are claiming an interest in the property or who are listed ashaving any interest in the property, so far as known to the petitioner; and

(e) An itemized list of the amount owed to theDepartment of Health and Human Services as a result of payment of benefits forMedicaid.

2. No defect of form or in the statement of factsactually existing voids the petition for the lien.

(Added to NRS by 1995, 2570; A 1997, 1247)

NRS 108.860 Signingand filing petition; notice; hearing; duty of Director of Department of Healthand Human Services to file notice of pendency of action and to serve notice oflien; contents of notice of lien; amendment of notice of lien.

1. A petition for the imposition of a lien must besigned by or on behalf of the Director of the Department of Health and HumanServices or the Attorney General and filed with the clerk of the court, whoshall set the petition for hearing.

2. Notice of a petition for the imposition of a lienmust be given by registered or certified mail, postage prepaid, at least 10days before the date set for hearing or other action by the court. Each suchnotice must be addressed to the intended recipient at his last address known tothe Director, receipt for delivery requested. The Director shall cause thenotice to be published, at least once a week for 3 successive weeks, in onenewspaper published in the county, and if there is no newspaper published inthe county, then in such mode as the court may determine, notifying all personsclaiming any interest in the property of the filing of the petition, the objectand the location, date and time of the hearing.

3. Notice of a petition for the imposition of a lienmust be given to:

(a) Each person who has requested notice;

(b) The person who is receiving or has receivedbenefits for Medicaid;

(c) The legal guardian or representative of a personwho is receiving or has received benefits for Medicaid, if any;

(d) Each executor, administrator or trustee of theestate of a decedent who received benefits for Medicaid, if any;

(e) The heirs of such a decedent known to the Director;and

(f) Each person who is claiming any interest in theproperty or who is listed as having any interest in the subject property,

and muststate the filing of the petition, the object, and the time set for hearing.

4. At the time appointed, or at any other time towhich the hearing may be continued, upon proof being made by affidavit orotherwise to the satisfaction of the court that notice has been given asrequired by this chapter, the court shall proceed to hear the testimony insupport of the petition. Each witness who appears and is sworn shall testifyorally.

5. The court shall make findings as to theappropriateness of the lien and the amount of the lien.

6. At the time of the filing of the petition forimposition of a lien, the Director shall file a notice of pendency of theaction in the manner provided in NRS 14.010.

7. Upon imposition of the lien by the court, theDirector shall serve the notice of lien upon the owner by certified orregistered mail and file it with the office of the county recorder of eachcounty where real property subject to the lien is located.

8. The notice of lien must contain:

(a) The amount due;

(b) The name of the owner of record of the property;and

(c) A description of the property sufficient foridentification.

9. If the amount due as stated in the notice of lienis reduced by a payment, the Director shall amend the notice of lien, statingthe amount then due, within 20 days after receiving the payment.

(Added to NRS by 1995, 2570; A 1997, 1247; 2003, 877)

NRS 108.870 Foreclosureof lien. The Director of the Department ofHealth and Human Services may, to the extent not prohibited by 42 U.S.C. 1396p(b), foreclose upon a lien for money owed to the Department of Health andHuman Services as a result of the payment of benefits for Medicaid by action inthe district court in the same manner as for foreclosure of any other lien.

(Added to NRS by 1995, 2571; A 1997, 1248; 2003, 878)

LIEN ON FARM PRODUCTS

NRS 108.880 Definitions. As used in NRS 108.880to 108.896, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 108.881 to 108.885, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2001, 1228)

NRS 108.881 Cashdefined. Cash means coin or currency of the UnitedStates. The term does not include a check or money order.

(Added to NRS by 2001, 1228)

NRS 108.882 Farmproduct defined. Farm product includesevery agricultural, horticultural, viticultural or vegetable product grown andharvested in this state. The term does not include timber or a timber product.

(Added to NRS by 2001, 1228)

NRS 108.883 Processedfarm product defined. Processed farm productincludes, without limitation, a farm product in a preserved, manufactured orprocessed form.

(Added to NRS by 2001, 1228)

NRS 108.884 Processordefined.

1. Processor means a person who:

(a) Is engaged in the business of processing ormanufacturing farm products; and

(b) Solicits, buys, contracts to buy or otherwise takestitle to, or possession or control of, farm products from the producer for thepurposes of processing, manufacturing, selling, reselling or redelivering thefarm product.

2. The term does not include a retail merchant who:

(a) Has a fixed or established place of business in thisstate; and

(b) Does not sell at wholesale a farm product that isprocessed or manufactured by him.

(Added to NRS by 2001, 1228)

NRS 108.885 Producerdefined. Producer means a person who is engagedin the business of growing or producing a farm product in this state.

(Added to NRS by 2001, 1228)

NRS 108.887 Lienof producer.

1. In addition to all other rights and remedies whichare provided by law, a producer that delivers or sells a farm product which isgrown by him to a processor pursuant to a contract, express or implied, has alien for the labor, care and expense in growing and harvesting the farm productupon:

(a) The farm product;

(b) The processed farm product derived from the farmproduct; and

(c) The proceeds of a sale of the farm product or theprocessed farm product.

2. A lien on a farm product, processed farm product,or proceeds from the sale of a farm product or processed farm product extendsto an amount of the farm product, processed farm product or proceeds equal invalue to the agreed price or an agreed method for determining the price for thefarm product. For purposes of determining the extent of the lien, the value ofthe farm product is the market value of the farm product on the date ofdelivery of the farm product to the processor.

3. Any portion of the farm product, processed farmproduct or proceeds in excess of the amount necessary to satisfy the totalamount owed to a producer pursuant to a contract is free of the lien providedby this section.

(Added to NRS by 2001, 1228)

NRS 108.888 Attachmentof lien; priority of lien.

1. Unless released by payment or by security which isgiven for payment before attachment of a lien, the lien of a producer pursuantto NRS 108.887:

(a) Attaches on the date of delivery of the farmproduct by a producer to a processor; and

(b) Is a preferred lien and superior to all otherliens, claims or encumbrances, except:

(1) Claims for wages and salaries for personalservices and labor which are rendered by a person to a processor in connectionwith the processing of the farm product after the delivery of the farm productto the processor; or

(2) The lien of a warehouseman pursuant to chapter 104 of NRS.

2. The lien of a producer for a series of deliveriesof a farm product attaches on the date of the last delivery.

(Added to NRS by 2001, 1229)

NRS 108.889 Noticeof lien.

1. To perfect the lien provided for in NRS 108.887, a producer must, not laterthan 45 days after the date on which the lien attaches pursuant to NRS 108.888, file a notice of the lien inthe Office of the Secretary of State in the manner set forth in NRS 104.9516 and on a form prescribed andmade available by the Secretary of State.

2. A notice of lien that is filed pursuant tosubsection 1 must be verified by the oath of the producer and must contain:

(a) The name of the producer;

(b) The name of the processor;

(c) A statement of the terms and conditions of thecontract between the producer and the processor; and

(d) The total amount owed to the producer by theprocessor under the terms of the contract, after deducting any applicablecredits or offsets.

3. Not later than 24 hours after filing a notice oflien pursuant to this section, a producer shall send a copy of the notice oflien to the processor by certified mail.

(Added to NRS by 2001, 1229; A 2003, 844)

NRS 108.890 Extentof lien.

1. The lien provided for in NRS 108.887 applies to any farm product andany processed farm product in the possession of the processor.

2. For the purposes of this section, a farm product ora processed farm product deposited by a processor with a warehouse, whether ornot warehouse receipts are given as security to a lender, shall be deemed to bein the possession of the processor and subject to the lien of the producer.

3. As used in this section:

(a) Lender includes any person who advances new valueto a processor.

(b) New value includes a new advance or loan, whetherin money or property, that is made by a lender to a processor. The term doesnot include an:

(1) Extension or renewal of an existingobligation of the processor; or

(2) Obligation that is substituted for anexisting obligation of the processor.

(Added to NRS by 2001, 1229)

NRS 108.891 Releaseof lien: Provision of security; payment or arrangement for payment.

1. A lien on a farm product or processed farm productmay be released to the extent that the value of the claim upon the farm productor processed farm product is secured by:

(a) A surety bond;

(b) A cash deposit; or

(c) Other security given and approved by a producer whoholds a lien.

2. A producer holding a lien may release a lien upon:

(a) Payment for the agreed amount or for the reasonablevalue of the farm product that is sold or delivered; or

(b) Arrangements being made for payment of the agreedamount or for the reasonable value of the farm product that is sold ordelivered that are satisfactory to the producer.

(Added to NRS by 2001, 1230)

NRS 108.892 Releaseof lien: Additional methods; disposition of farm product.

1. Subject to the approval of a producer holding alien, a processor may obtain a release of the lien by:

(a) Paying the agreed or actual value of any farmproduct that is delivered to or purchased by the processor within 20 days afterthe date of delivery of the farm product, unless the date of payment isotherwise agreed upon in writing or payment is secured by an instrument orarrangement other than the lien.

(b) Obtaining a surety bond which is executed by theprocessor as the principal and by a surety company which is authorized to dobusiness in this state as a surety in an amount equal to the current marketvalue of the farm product or processed farm product that the processor intendsto dispose of or sell. The bond must be conditioned that if the processor failsto make payments to producers for the lawful claims of all producers whoseliens have been released by the bond in an amount equal to or greater than theamount of the bond within 35 days after the date of the bond, the surety willbe liable to and shall pay the claimants all lawful claims that may be coveredby the amount of the bond and the costs of suit if an action is filed on thebond.

(c) Depositing cash with a financial institution inthis state in an amount that is set apart by an instrument in writing which issigned by the processor for the purpose of guaranteeing, to the extent of theamount deposited, the payment of all existing claims of producers whose liensare released by the deposit within 35 days after the date of the deposit. Thefinancial institution where a deposit is made pursuant to this paragraph mustbe named as the trustee in the instrument to carry out the provisions of theinstrument.

(d) Designating, setting apart and depositing a quantityof a nonproprietary processed farm product in a public warehouse, and endorsingover and delivering the warehouse receipt to the producer for a quantity ofnonproprietary processed farm products in an amount that is satisfactory to theproducer for the purpose of guaranteeing, to the extent of the value of thedeposit, payment of the existing claims of producers and labor claimants whoseliens are released by the deposit within 35 days after the date of the deposit.

(e) Securing a release after payment in full for thefarm products.

2. If a processor has paid all lawful claims of theproducers in compliance with this section, a processor may sell, transport orotherwise dispose of any farm product for which the lien has been released.

3. If a bond, cash deposit, warehouse deposit or othersecurity is given by a processor pursuant to this section, the processor maysell, transport or otherwise dispose of an amount of the farm product orprocessed farm product not exceeding the current market value represented bythe bond, cash deposit, warehouse deposit or other security given by theprocessor.

4. For the purposes of this section, the currentmarket value of a farm product or processed farm product may be based uponquotations from the Federal-State Market News Service or a similar sourceagreed to in writing by the parties to be determined, as appropriate, on thedate:

(a) Of the bond;

(b) Of the deposit; or

(c) Other security is given.

(Added to NRS by 2001, 1230)

NRS 108.893 Releaseof farm product or processed farm product by court.

1. In an action commenced by a lien claimant, adefendant processor may file a surety bond with the court in which the actionis pending in an amount that is sufficient to cover the demand of the complaintof the plaintiff producer, including attorneys fees and costs.

2. Upon the filing of the bond described in subsection1, the court, in its discretion, may order the release of a portion of the farmproduct or processed farm product upon which the lien of the plaintiff producerhas attached.

3. A processor may move the court for a hearing tointroduce evidence to the court to demonstrate that he has sufficient securityor money on deposit to protect the lien or other rights of the plaintiffproducer.

4. Upon proof of sufficient security, the court mayorder the release of a portion or the whole of a farm product upon which thelien of the plaintiff producer is attached and deny the plaintiff any recoveryin the action.

5. The other rights and remedies of a lien claimant,if any, are not prejudiced by an order of the court for dismissal pursuant tosubsection 4.

(Added to NRS by 2001, 1231)

NRS 108.894 Effectof judgment on lien.

1. The judgment, if any, obtained by a plaintiff in apersonal action against a processor to obtain payment for farm products doesnot impair or merge the lien rights or claims that are held by a plaintiff.

2. Any money collected from a personal judgment mustbe credited against the amount of the lien or claim in an action that isbrought to enforce the lien or claim.

(Added to NRS by 2001, 1231)

NRS 108.895 Actionsto foreclose lien: Preliminary injunction.

1. The plaintiff in an action that is commenced toforeclose a lien provided for in NRS 108.887may obtain a preliminary injunction against the processor to restrain theprocessor from removing a processed farm product in his possession or under hiscontrol and upon which valid liens exist beyond the jurisdiction of the courtto the injury of the plaintiff.

2. A presumption of irreparable harm to a plaintiffproducer arises when a processor removes or prepares to remove a farm productor processed farm product in his possession or under his control and upon whichvalid liens exist beyond the jurisdiction of the court.

(Added to NRS by 2001, 1231)

NRS 108.896 Actionsto foreclose lien: Consolidation; equal standing of claims; judgment to stateexact amount due; judgments against sufficient quantity in value of farmproducts.

1. All actions commenced by a producer or producersagainst a processor for the foreclosure of liens or other security provided forin NRS 108.880 to 108.896, inclusive, may be consolidated bythe court and all persons that are necessary to a determination of the actionmay be made parties to the action.

2. All claims in an action in relation to anobligation of a processor for payment secured by a lien pursuant to NRS 108.887 must have equal standing and,if applicable, be paid proportionately to the claim of each claimant.

3. A judgment in favor of a plaintiff producer toforeclose a lien must state the exact amount due on the judgment from thedefendant processor.

4. If in a court proceeding to foreclose a lien, thecourt finds that there is no cash, bond, deposit or other security for thepayment of the claims of producers, the judgment of foreclosure must be againsta sufficient quantity in value of farm products or processed farm products inthe possession or under the control of the defendant processor as may benecessary to satisfy the claim or judgment.

(Added to NRS by 2001, 1232)

 

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