Las Vegas Mechanic's Lien Attorney

Mechanics Lein

If you provide materials, labor or equipment on a construction project in Las Vegas or other locations in Nevada, you are permitted to file a lien against the property of the owner in the event you are not paid for your services. This is known as a “Mechanic’s Lien.”

The term “mechanic’s lien” is used by the courts to designate a materialman’s lien or a subcontractor’s lien. It is also used to mean a laborer’s lien. A mechanic’s lien or construction lien is a statutory lien on buildings and other improvements on realty, and on the realty itself, in favor of contractors, materialmen, and other classes of workers as a security device. Its purpose is to help ensure that those who improve real property receive payment, even in the absence of a contractual relationship between the lien claimant (you) and the owner of the property. It is premised upon the theory that the work and material for which the lien is sought have increased or enhanced the value of the property.

Not Available On Public Projects

State law liens may not be asserted against federally owned lands or buildings. Thus, laborers employed by, and those furnishing material to, a contractor with the United States for work on public buildings cannot acquire a lien. Likewise, a mechanic’s lien does not attach to and cannot be enforced against property owned by the state, county or municipalities. However, on public projects the Prime Contractor is required to provide a payment bond.

Similar to Mechanic’s Lien statutes, an action against a payment bond on a public project has its own pre-filing requirements particular to the jurisdiction which must be strictly adhered to. These are called “Miller Act” or “Little Miller Act” actions and are brought in the name of the government owner for the use and benefit of the lien claimant.

As with all mechanic’s lien cases, strict adherence and knowledge of the law is critical to the success of the claim. Therefore, it is very important that you hire the services of a knowledgeable attorney.

Required Notices And Timing

The Wright Law Group P.C. litigates private commercial contracts including but not limited to issues involving the UCC

The “Notice of Right to Lien” must be delivered in person or mailed by certified mail to the property owner.
A copy of the “Notice of Right to Lien” should be provided to the prime contractor. The failure to provide a copy to the prime contractor is grounds for disciplinary proceedings before the contractors’ board.

If you have provided the requisite “Notice of Right to Lien” and have

not been paid for your work, you have the right to record a “Notice of Lien” in the county in which the property improved is located. This “Notice of Lien” must be recorded within 90 days after the completion of the work or the last delivery of materials or labor performed. If the owner has recorded a “Notice of Completion” the time for filing a “Notice of Lien” is shortened to 40 days after the “Notice of Completion” is served.

The “Notice of Lien” must contain the following information:

A Statement of the lienable amount,
The name of the owner of the property,
The name of the person by whom you were employed,
A statement of the terms of payment of the contract, and
A description of the property sufficient for identification.

The “Notice of Lien” must be verified by you or your designated representative and be signed before a Notary Public. It is unlawful to knowingly make a false statement in or relating to the recording of a Notice of Claim.

Also, if the work performed requires a license, only licensed professionals are entitled to record a lien. Unlicensed contractors are not covered by Nevada’s lien statutes.

Filing Suit To Foreclose On Lien

A lien must not bind the property subject to the lien for a period longer than 6 months after the date on which the “Notice of Lien” was recorded, unless proceedings are commenced in a proper court within that time to enforce the same, or unless there is a written agreement between you and the property owner to extend the time to commence the proceeding. If there is an agreement between you and the property owner to extend the time, the agreement must be acknowledged by both you and the property owner and be recorded with the county recorder’s office in which the “Notice of Lien” was recorded within the initial 6 month period. The agreement cannot extend the time period beyond one year from the date that the initial “Notice of Claim” was recorded.

Unless there is an agreement otherwise, you must decide whether or not to bring a law suit to foreclose on the property of the owner within 6 months. This is a very short period of time and an attorney should be consulted to assist you.

If a proceeding to foreclose on the lien is commenced it must be filed in the court in the county in which the property is located. This is accomplished by filing a Complaint and the issuance of a Summons, which are both served on the property owner. In addition to the filing of the complaint, other documents must be prepared and filed and recorded, including:

IMPORTANT Read our latest update regarding: Nevada’s Mechanic And Materialman’s Liens Most Common Mistakes

Las Vegas Mechanic's Lien Attorney

The term “mechanic’s lien” is used by the courts to designate a material man’s lien

Mechanics Lein

Not Available On Public Projects

Required Notices And Timing

Filing Suit To Foreclose On Lien