2019 Nevada Revised Statutes
Chapter 108 - Statutory Liens
NRS 108.226 - Perfection of 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 a lien, a lien claimant must record a notice of lien in the office of the county recorder of the county where the property or some part thereof is located in the form provided in subsection 5:
(a) Within 90 days after the date on which the latest of the following occurs:
(1) The completion of the work of improvement;
(2) The last delivery of material or furnishing of equipment by the lien claimant for the work of improvement; or
(3) The last performance of work by the lien claimant for the work of improvement; or
(b) Within 40 days after the recording of a valid notice of completion, if the notice of completion is recorded and served in the manner required pursuant to NRS 108.228.
2. The notice of lien must contain:
(a) A statement of the lienable amount after deducting all just credits and offsets.
(b) The name of the owner if known.
(c) The name of the person by whom the lien claimant was employed or to whom the lien claimant furnished the material or equipment.
(d) A brief statement of the terms of payment of the contract.
(e) A description of the property to be charged with the notice of lien sufficient for identification.
3. The notice of lien must be verified by the oath of the lien claimant or some other person. The notice of lien need not be acknowledged to be recorded.
4. It is unlawful for a person knowingly to make a false statement in or relating to the recording of a notice of lien pursuant to the provisions of this section. A person who violates this subsection is guilty of a gross misdemeanor and shall be punished by a fine of not less than $5,000 nor more than $10,000.
5. A notice of lien must be substantially in the following form:
Assessor’s Parcel Numbers
NOTICE OF LIEN
The undersigned claims a lien upon the property described in this notice for work, materials or equipment furnished or to be furnished for the 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 credits and 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 was employed 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 lien claimant’s contract is:
..........................................................................................................................................
8. A description of the property to be charged with the lien is: .........................
.............................................................
(Print Name of Lien Claimant)
By:.......................................................
(Authorized Signature)
State of Nevada )
) ss.
County of ................................... )
.................................. (print name), being first duly sworn on oath according to law, deposes and says:
I have read the foregoing Notice of Lien, know the contents thereof and state that the same is true of my own personal knowledge, except those matters stated upon information and belief, and, as to those matters, I believe them to be true.
...............................................................................
(Authorized Signature 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 a work of improvement involves the construction, alteration or repair of multifamily or single-family residences, including, without limitation, apartment houses, a lien claimant, except laborers, must serve a 15-day notice of intent to lien incorporating substantially the same information required in a notice of lien upon both the owner and the reputed prime contractor before recording a notice of lien. Service of the notice of intent to lien must be by personal delivery or certified mail and will extend the time for recording the notice of lien described in subsection 1 by 15 days. A notice of lien for materials or equipment furnished or to be furnished for work or services performed or to be performed, except labor, for a work of improvement involving the construction, alteration or repair of multifamily or single-family residences may not be perfected or enforced pursuant to NRS 108.221 to 108.246, inclusive, unless the 15-day notice of intent to lien has been given to the owner.
7. The provisions of subsection 6 do not apply to the construction of any nonresidential construction project.
(Added to NRS by 1965, 1160; A 1971, 367; 1995, 1507; 1997, 2692; 2003, 2597; 2005, 1898)
