Las Vegas Mechanics Liens Attorney
The Nevada Mechanic’s Lien
A mechanic’s lien operates as a security interest in real estate for a contractor or material supplier in the event that one or both of them are not paid for their materials or services. Nevada’s mechanic’s lien statute requires contractors and material suppliers to protect their right to payment by delivering a Preliminary Right to Lien Notice within 31 days of first providing labor, services, or material on a job site. A construction law attorney in Las Vegas from the Dobberstein Law Group can help to draft and deliver this notice for you. Should you not get paid, the right arises to record a mechanic’s lien against the subject real estate.
The deadline
The actual mechanic’s lien must be recorded with the county recorder where the subject real estate is situated within 90 days of the latest of either:
- The completion of any work or improvement
- The last furnishing of labor or materials by the mechanic’s lien claimant
The above period might be shortened to 40 days if the appropriate Notice of Completion is filed. On a residential project, the Preliminary Right to Lien Notice must be delivered to the property owner a minimum of 15 days before recording the actual mechanic’s lien; that can operate to extend the time for filing the actual lien by another 15 days.
Payment
If the mechanic’s lien claimant is paid in full, the owner of the property that the services or materials were provided for is entitled to a release of that lien. That release should also be recorded for purposes of clearing the title to the property.
The general rule is that a mechanic’s lien cannot tie a property up for more than six months unless a lawsuit is filed to enforce it, or an agreement was otherwise made. Mechanic’s liens are creatures of statute, and they often involve strict deadlines.
Talk to a Henderson Construction Law Attorneys from the Dobberstein Law Group before you get started on a project of any significance. We’ll protect your rights beyond completion.