USA Statutes : nevada
Title : Title 09 - SECURITY INSTRUMENTS OF PUBLIC UTILITIES; MORTGAGES; DEEDS OF TRUST; OTHER LIENS
Chapter : CHAPTER 108 - STATUTORY LIENS
As used in NRS 108.221 to 108.246 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 108.22104 to 108.22188
, inclusive, have the meanings
ascribed to them in those sections.
(Added to NRS by 1965, 1159; A 1993, 2055; 1995, 1506; 2003, 2595
; 2005, 1897 )
“Agent of the owner”
means every architect, builder, contractor, engineer, geologist, land
surveyor, lessee, miner, subcontractor or other person having charge or
control of the property, improvement or work of improvement of the owner,
or any part thereof.
(Added to NRS by 2003, 2587 )
“Building” means a primary
building or other superstructure, together with all garages, outbuildings
and other structures appurtenant thereto.
(Added to NRS by 2003, 2587 )
“Commencement of construction” means the date on which:
1. Work performed; or
2. Materials or equipment furnished in connection with a work of
improvement,
Ê is visible from a reasonable inspection of the site.
(Added to NRS by 2003, 2587 )
“Completion of the work of improvement” means:
1. The occupation or use by the owner, an agent of the owner or a
representative of the owner of the work of improvement, accompanied by
the cessation of all work on the work of improvement;
2. The acceptance by the owner, an agent of the owner or a
representative of the owner of the work of improvement, accompanied by
the cessation of all work on the work of improvement; or
3. The cessation of all work on a work of improvement for 30
consecutive days, provided a notice of completion is timely recorded and
served and the work is not resumed under the same contract.
(Added to NRS by 2003, 2587 )
“Construction
control” has the meaning ascribed to it in NRS 627.050 .
(Added to NRS by 2005, 1893 )
“Contract” means a written or
oral agreement, including all attachments and amendments thereto, for the
provision of work, materials or equipment for a work of improvement.
(Added to NRS by 2003, 2588 )
“Equipment” means tools,
machinery and 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 an agent of the owner.
(Added to NRS by 2003, 2588 )
“Improvement” means the
development, enhancement or addition to property, by the provision of
work, materials or equipment. The term includes, without limitation:
1. A building, railway, tramway, toll road, canal, water ditch,
flume, aqueduct, reservoir, bridge, fence, street, sidewalk, fixtures or
other structure or superstructure;
2. A mine or a shaft, tunnel, adit or other excavation, designed
or used to prospect, drain or work a mine;
3. A system for irrigation, plants, sod or other landscaping;
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 public utilities; and
8. Constructing a vault, cellar or room under sidewalks or making
improvements to the sidewalks in front of or adjoining the property.
(Added to NRS by 2003, 2588 )
“Lien” means the statutory rights
and security interest in a construction disbursement account established
pursuant to NRS 108.2403 , or property
or any improvements thereon provided to a lien claimant by NRS 108.221
to 108.246 , inclusive.
(Added to NRS by 2003, 2588 ; A 2005, 1897 )
“Lienable amount” means
the principal amount of a lien to which a lien claimant is entitled
pursuant to subsection 1 of NRS 108.222 .
(Added to NRS by 2003, 2588 )
“Lien claimant” means any
person who provides work, material or equipment with a value of $500 or
more to be used in or for the construction, alteration or repair of any
improvement, property or work of improvement. The term includes, without
limitation, every artisan, builder, contractor, laborer, lessor or renter
of equipment, materialman, miner, subcontractor or other person who
provides work, material or equipment, and any person who performs
services as an architect, engineer, land surveyor or geologist, in
relation to the improvement, property or work of improvement.
(Added to NRS by 2003, 2588 )
“Material” means appliances,
equipment, machinery and substances affixed, used or to be used, consumed
or incorporated in the improvement of property or the construction,
alteration or repair of any improvement, property or work of improvement.
(Added to NRS by 2003, 2588 ; A 2005, 1897 )
1. “Owner” includes:
(a) The record owner or owners of the property or an improvement to
the property as evidenced by a conveyance or other instrument which
transfers that interest to him and is recorded in the office of the
county recorder in which the improvement or the property is located;
(b) The reputed owner or owners of the property or an improvement
to the property;
(c) The owner or owners of the property or an improvement to the
property, as shown on the records of the county assessor for the county
where the property or improvement is located;
(d) The person or persons whose name appears as owner of the
property or an improvement to the property on the building permit;
(e) A person who claims an interest in or possesses less than a fee
simple estate in the property;
(f) This State or a political subdivision of this State, including,
without limitation, an incorporated city or town, that owns the property
or an improvement to the property if the property or improvement is 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 State or a
political subdivision of this State, including, without limitation, an
incorporated 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 property or an
improvement to the property; or
(d) Except as otherwise provided in paragraph (f) of subsection 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 )
“Notice of lien” means a
notice recorded pursuant to NRS 108.226
to perfect a lien.
(Added to NRS by 2003, 2589 )
“Prevailing
lien claimant” means a lien claimant to whom an amount is found due by a
trier of fact on a notice of lien or a claim against a surety bond.
(Added to NRS by 2003, 2589 )
“Prime contract” means a
contract between a prime contractor and the owner or lessee of property
about which the contract relates.
(Added to NRS by 2003, 2589 ; A 2005, 1897 )
“Prime contractor”
means:
1. A person who contracts with an owner or a lessee of property to
provide work, materials or equipment to be used for the improvement of
the property or in the construction, alteration or repair of a work of
improvement; or
2. A person who is an owner of the property, is licensed as a
general contractor pursuant to chapter 624 of NRS and provides work, materials or equipment to be used for the
improvement of the property or in the construction, alteration or repair
of a work of improvement.
(Added to NRS by 2003, 2589 ; A 2005, 1898 )
“Principal,” as pertaining to
a surety bond, means the debtor of the lien claimant or a party in
interest in the property subject to the lien whose name and signature
appear as principal on a surety bond.
(Added to NRS by 2003, 2589 )
“Property” means the land, real
property or mining claim of an owner for which a work of improvement was
provided, including all 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 use and occupation thereof.
(Added to NRS by 2003, 2589 )
“Surety” means a corporation
authorized to transact surety business in this state pursuant to NRS
679A.030 that:
1. Is included in the United States Department of the Treasury’s
Listing of Approved Sureties; and
2. Issues a surety bond pursuant to NRS 108.2413 to 108.2425 , inclusive, that does not exceed the
underwriting limitations established for that surety by the United States
Department of the Treasury.
(Added to NRS by 2003, 2589 )
“Surety bond” means a bond
issued by a surety for the release of a prospective or existing lien
pursuant to NRS 108.2413 to 108.2425
, inclusive.
(Added to NRS by 2003, 2589 ; A 2005, 1898 )
“Work” means the planning, design,
geotechnical and environmental investigations, surveying, labor and
services provided by a lien 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 )
“Work of
improvement” means the entire structure or scheme of improvement as a
whole, including, without limitation, all work, materials and equipment
to be used in or for the construction, alteration or repair of the
property or any improvement thereon, whether under multiple prime
contracts or a single prime contract except as follows:
1. If a scheme of improvement consists of the construction of two
or more separate buildings and each building is constructed upon a
separate legal parcel of land and pursuant to a separate prime contract
for only that building, then each building shall be deemed a separate
work of improvement; and
2. If the improvement of the site is provided for in a prime
contract that is separate from all prime contracts for the construction
of one or more buildings on the property, and if the improvement of the
site was contemplated by the contracts to be a separate work of
improvement to be completed before the commencement of construction of
the buildings, the improvement of the site shall be deemed a separate
work of improvement from the construction of the buildings and the
commencement of construction of the improvement of the site does not
constitute the commencement of construction of the buildings. As used in
this subsection, “improvement of the site” means the development or
enhancement of the property, preparatory to the commencement of
construction of a building, and includes:
(a) The demolition or removal of improvements, trees or other
vegetation;
(b) The drilling of test holes;
(c) Grading, grubbing, filling or excavating;
(d) Constructing or installing sewers or other public utilities; or
(e) Constructing a vault, cellar or room under sidewalks or making
improvements to the sidewalks in front of or adjoining the property.
(Added to NRS by 2003, 2590 )
1. Except as otherwise provided in subsection 2, a lien claimant
has a lien upon the property, any improvements for which the work,
materials and equipment were furnished or to be furnished, and any
construction disbursement account established pursuant to NRS 108.2403
, for:
(a) If the parties agreed, by contract or otherwise, upon a
specific price or method for determining a specific price for some or all
of the work, material and equipment furnished or to be furnished by or
through the lien claimant, the unpaid balance of the price agreed upon
for such work, material or equipment, as the case may be, whether
performed, furnished or to be performed or furnished at the instance of
the owner or his agent; and
(b) If the parties did not agree, by contract or otherwise, upon a
specific price or method for determining a specific price for some or all
of the work, material and equipment furnished or to be furnished by or
through the lien claimant, including, without limitation, any additional
or changed work, material or equipment, an amount equal to the fair
market value of such work, material or equipment, as the case may be,
including a reasonable allowance for overhead and a profit, whether
performed, furnished or to be performed or furnished at the instance of
the owner or at the instance of his agent.
2. If a contractor or professional is required to be licensed
pursuant to the provisions of NRS to perform his work, the contractor or
professional will only have a lien pursuant to subsection 1 if he is
licensed to perform the work.
(Added to NRS by 1965, 1159; A 1987, 98; 1993, 2055; 1997, 2691;
2003, 2595 ; 2005, 1898 )
1. The liens provided for in NRS 108.221 to 108.246 ,
inclusive, are preferred to:
(a) Any lien, mortgage or other encumbrance which may have attached
to the property after the commencement of construction of a work of
improvement.
(b) Any lien, mortgage or other encumbrance of which the lien
claimant had no notice and which was unrecorded against the property at
the commencement of construction of a work of improvement.
2. Every mortgage or encumbrance imposed upon, or conveyance made
of, property affected by the liens provided for in NRS 108.221 to 108.246 ,
inclusive, after the commencement of construction of a work of
improvement are subordinate and subject to the liens provided for in NRS
108.221 to 108.246 , inclusive, regardless of the date of
recording the notices of liens.
(Added to NRS by 1965, 1160; A 1993, 2056; 1995, 1506; 2003, 2596
)
1. To perfect his lien, a lien claimant must record his 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 he was employed or to whom he
furnished the material or equipment.
(d) A brief statement of the terms of payment of his 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 )
1. In addition to the requirements of NRS 108.226 , a copy of the notice of lien must be served
upon the owner of the property within 30 days after recording the notice
of lien, in one of the following ways:
(a) By personally delivering a copy of the notice of lien to the
owner or resident agent of the owner;
(b) By mailing a copy of the notice of lien by certified mail
return receipt requested to the owner at his place of residence or his
usual place of business or to the resident agent of the owner at the
address of the resident agent; or
(c) If the place of residence or business of the owner and the
address of the resident agent of the owner, if applicable, cannot be
determined, by:
(1) Fixing a copy of the notice of lien in a conspicuous
place on the property;
(2) Delivering a copy of the notice of lien to a person
there residing, if such a person can be found; and
(3) Mailing a copy of the notice of lien addressed to the
owner at:
(I) The place where the property is located;
(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 in which the property is located.
2. If there is more than one owner, failure to serve a copy of the
notice of lien upon a particular owner does not invalidate a notice of
lien if properly served upon another owner.
3. Each subcontractor who participates in the construction,
improvement, alteration or repair of a work of improvement shall deliver
a copy of each notice of lien required by NRS 108.226 to the prime contractor. The failure of a
subcontractor to deliver the notice to the prime contractor is a ground
for disciplinary proceedings pursuant to chapter 624 of NRS.
(Added to NRS by 1965, 1161; A 1969, 1099; 1987, 99; 2003, 2599
)
1. The debtor of the lien claimant or a party in interest in the
property subject to the notice of lien who believes the notice of lien is
frivolous and was made without reasonable cause, or that the amount of
the notice of lien is excessive, may apply by motion to the district
court for the county where the property or some part thereof is located
for an order directing the lien claimant to appear before the court to
show cause why the relief requested should not be granted.
2. The motion must:
(a) Set forth in detail the legal and factual grounds upon which
relief is requested; and
(b) Be supported by:
(1) A notarized affidavit signed by the applicant setting
forth a concise statement of the facts upon which the motion is based; and
(2) Documentary evidence in support of the affidavit, if any.
3. If the court issues an order for a hearing, the applicant shall
serve notice of the application and order of the court on the lien
claimant within 3 days after the court issues the order. The court shall
conduct the hearing within not less than 15 days or more than 30 days
after the court issues the order for a hearing.
4. The order for a hearing must include a statement that if the
lien claimant fails to appear at the time and place noted, the notice of
lien will be released with prejudice and the lien claimant will be
ordered to pay the reasonable costs the applicant incurs in bringing the
motion, including reasonable attorney’s fees.
5. If, at the time the application is filed, an action to
foreclose the notice of lien has not been filed, the clerk of the court
shall assign a number to the application and obtain from the applicant a
filing fee of $85. If an action has been filed to foreclose the notice of
lien before the application was filed pursuant to this section, the
application must be made a part of the action to foreclose the notice of
lien.
6. If, after a hearing on the matter, the court determines that:
(a) The notice of lien is frivolous and was made without reasonable
cause, the court shall make an order releasing the lien and awarding
costs and reasonable attorney’s fees to the applicant for bringing the
motion.
(b) The amount of the notice of lien is excessive, the court may
make an order reducing the notice of lien to an amount deemed appropriate
by the court and awarding costs and reasonable attorney’s fees to the
applicant for bringing the motion.
(c) The notice of lien is not frivolous and was made with
reasonable cause or that the amount of the notice of lien is not
excessive, the court shall make an order awarding costs and reasonable
attorney’s fees to the lien claimant for defending the motion.
7. Proceedings conducted pursuant to this section do not affect
any other rights and remedies otherwise available to the parties.
8. An appeal may be taken from an order made pursuant to
subsection 6. A stay may not be granted if the district court does not
release the lien pursuant to subsection 6.
9. If an order releasing or reducing a notice of lien is entered
by the court, and the order is not stayed, the applicant may, within 5
days after the order is entered, record a certified copy of the order in
the office of the county recorder of the county where the property or
some part thereof is located. The recording of a certified copy of the
order releasing or reducing a notice of lien is notice to any interested
party that the notice of lien has been released or reduced.
(Added to NRS by 1995, 1505; A 1997, 2693; 2003, 2600 ; 2005, 1900 )
1. The owner may record a notice of completion after the
completion of the work of improvement.
2. The notice of completion must be recorded in the office of the
county recorder of the county where the property is located and must set
forth:
(a) The date of completion of the work of improvement.
(b) The owner’s name or owners’ names, as the case may be, 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 for identification.
(d) The name of the prime contractor or names of the prime
contractors, if any.
3. The notice must be verified by the owner or by some other
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 of the
notice by certified mail, to:
(a) Each prime contractor with whom the owner contracted for all or
part of the work of improvement.
(b) Each potential lien claimant who, before the notice was
recorded pursuant to this section, either submitted a request to the
owner to receive the notice or delivered a preliminary notice of right to
lien pursuant to NRS 108.245 .
5. The failure of the owner to deliver a copy of the notice of
completion in the time and manner provided in this section renders the
notice of completion ineffective with respect to each prime contractor
and lien claimant to whom a copy was required to be delivered pursuant to
subsection 4.
(Added to NRS by 1965, 1161; A 1989, 900; 1993, 853; 1995, 1508;
2003, 2601 )
1. At any time before or during the trial of any action to
foreclose a lien, a lien claimant may 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 notice of lien in the same manner
as required for serving a notice of lien pursuant to NRS 108.227 and within 30 days after recording the amended
notice of lien. A variance between a notice of lien and an amended notice
of lien does not defeat the lien and shall not be deemed material unless
the variance:
(a) Results from fraud or is made intentionally; or
(b) Misleads an adverse party to his prejudice, but then only with
respect to the adverse party who was prejudiced.
2. Upon the trial of any action or suit to foreclose a lien, a
variance between the lien and the proof does not defeat the lien and
shall not be deemed material unless the variance:
(a) Results from fraud or is made intentionally; or
(b) Misleads the adverse party to his prejudice, but then only with
respect to the adverse party who was prejudiced.
Ê In all cases of immaterial variance the notice of lien may be amended,
by amendment duly recorded, to conform to the proof.
3. An error or mistake in the name of the owner contained in any
notice of lien does not defeat the lien, unless a correction of the
notice of lien in a particular instance would prejudice the rights of an
innocent bona fide purchaser or encumbrancer for value, but then only
with respect to the bona fide purchaser or encumbrancer for value who was
prejudiced.
4. Upon the trial, if it appears that an error or mistake has been
made in the name of the owner or that the wrong person has been named as
owner in any notice of lien, the court shall order an amended notice of
lien to be recorded with the county recorder where the original notice of
lien was recorded and shall issue to the person who is so made to appear
to be the original owner a notice directing the person or persons to be
and appear before the court within the same time as is provided by Nevada
Rules of Civil Procedure for the appearance in other actions after the
service of summons, which notice must be served in all respects as a
summons is required to be served, and to show cause why:
(a) He should not be substituted as the correct owner in the notice
of lien and in the suit, in lieu of the person so made defendant and
alleged to be owner by mistake.
(b) He should not be bound by the judgment or decree of the court.
Such proceedings must be had therein as though the party so cited to
appear had been an original party defendant in the action or suit, and
originally named in the notice of lien as owner, and the rights of all
parties must thereupon be fully adjudicated.
5. A notice of lien which contains therein the description of the
property supplied by and set forth in the notice of completion recorded
pursuant to NRS 108.228 must, for all
purposes, be sufficient as a description of the actual property upon
which the work was performed or materials or equipment were supplied, and
amendment of the notice of lien or amendment of the pleading filed by the
lien claimant in a foreclosure action, or both, may be made to state the
correct description, and the corrected description relates back to the
time of recording the notice of lien, unless a correction of the notice
of lien in a particular instance would prejudice the rights of an
innocent bona fide purchaser or encumbrancer for value, but then only
with respect to the bona fide purchaser or encumbrancer for value who was
prejudiced.
(Added to NRS by 1965, 1162; A 2003, 2602 )
1. In every case in which a notice of lien is recorded against two
or more separate buildings or mining claims that are owned by the same
person and that are located on separate legal parcels that existed at the
commencement of construction, the lien claimant must, at the time of
recording the notice of lien, designate the lienable amount due to him on
each building or mining claim.
2. The lien of a lien claimant only applies to the lienable amount
designated in the notice of lien, plus all amounts that may be awarded by
the court pursuant to NRS 108.237 , as
against other creditors having liens by judgment or otherwise, upon the
buildings or mining claims. However, the lienable amount chargeable to
the interest of the owner in each building must be the total amount of
the lien claimant’s notice of lien, without regard to the proportionate
amount designated to each separate building in the lien claimant’s notice
of lien, plus all amounts that may be awarded by the court pursuant to
NRS 108.237 , but upon 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 notice of lien the
amount due to him on each separate building as provided in subsection 1,
the lien claimant’s notice of lien must be postponed to the notices of
lien of other lien claimants and other encumbrancers for value who have
designated the amount due on each building or mining claim but must not
be inferior to any rights or interests of the owner. For purposes of this
subsection, a lien claimant’s lien must not be postponed to other liens
or encumbrances if the lien claimant’s designation among the parcels was
estimated by the lien claimant in good faith or was based upon a pro rata
division of the total lienable amount.
(Added to NRS by 1965, 1163; A 2003, 2603 )
The
county recorder of the county in which property that is subject to a lien
is located 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 law to be indexed, and for which he may receive the same fees
as are allowed by law for recording deeds and other instruments.
(Added to NRS by 1965, 1163; A 2003, 2604 )
1. A lien provided for in NRS 108.221 to 108.246 ,
inclusive, 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:
(a) Proceedings are commenced in a proper court within that time to
enforce the same; or
(b) The time to commence the action is extended by a written
instrument signed by the lien claimant and by a person or persons in
interest in the property subject to the lien, in which event, and as to
only that person or those persons in interest signing the agreement, the
time is extended, but no extension is valid unless in writing and
recorded in the county recorder’s office in which the notice of lien is
recorded and unless the extension agreement is recorded within the
6-month period. The extension agreement, to be recorded, must be
acknowledged as required by law for the acknowledgment of deeds. An
action may be commenced within the extended time only against the persons
signing the extension agreement and only as to their interests in the
property are affected, and upon the lapse of the time specified in the
extension agreement, an action may not thereafter be commenced, nor may a
second extension be given.
2. For all purposes, a notice of lien shall be deemed to have
expired as a lien against the property after the lapse of the 6-month
period provided in subsection 1, and the recording of a notice of lien
does not provide actual or constructive notice after the lapse of the
6-month period and as a lien on the property referred to in the notice of
lien, unless, before the lapse of the 6-month period an extension
agreement has been recorded, in which event, the lien will only continue
as a lien on the interests of those persons signing the extension for the
period specified in the extension. An extension must not be given for a
period in excess of 1 year beyond the date on which the notice of lien is
recorded.
3. If there are other notices of lien outstanding against the
property, an extension must not be given upon a notice of lien which will
tend to delay or postpone the collection of other liens evidenced by a
notice of lien or encumbrances against the property.
(Added to NRS by 1965, 1163; A 2003, 2604 )
1. Except as otherwise provided in subsection 2, every improvement
constructed, altered or repaired upon property shall be deemed to have
been constructed, altered or repaired at the instance of each owner
having or claiming any interest therein, and the interest owned or
claimed must be subject 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 any improvement and
the property upon which an improvement is constructed, altered or
repaired is not subject to a notice of lien if the disinterested owner,
within 3 days after he first obtains knowledge of the construction,
alteration or repair, or the intended construction, alteration or repair,
gives notice that he will not be responsible for the improvement by
recording a notice in writing to that effect with the county recorder of
the county where the property is located and, in the instance of a
disinterested owner who is:
(a) A lessor, the notice of nonresponsibility shall be deemed
timely recorded if the notice is recorded within 3 days immediately
following the effective date of the lease or by the time of the execution
of the lease by all parties, whichever occurs first; or
(b) An optionor, the notice of nonresponsibility shall be deemed
timely recorded if the notice is recorded within 3 days immediately
following the date on which the option is exercised in writing.
3. To be effective and valid, each notice of nonresponsibility
recorded pursuant to this section must identify:
(a) The names and addresses of the disinterested owner and the
person who is causing the work of improvement to be constructed, altered
or repaired;
(b) The location of the improvement and the address and legal
description of the property upon which the improvement is or will be
constructed, altered or repaired;
(c) The nature and extent of the disinterested owner’s interest in
the improvement and the property upon which the improvement is or will be
constructed, altered or repaired;
(d) The date on which the disinterested owner first learned of the
construction, alteration or repair of the improvement that is the subject
of the notice of nonresponsibility; and
(e) Whether the disinterested owner has notified the lessee in
writing that the lessee must comply with the requirements of NRS 108.2403
.
4. To be effective and valid, each notice of nonresponsibility
that is recorded by a lessor pursuant to this section must be served by
personal delivery or by certified mail, return receipt requested:
(a) Upon the lessee within 10 days after the date on which the
notice of nonresponsibility is recorded pursuant to subsection 2; and
(b) Upon the prime contractor for the work of improvement within 10
days after the date on which the lessee contracts with the prime
contractor for the construction, alteration or repair of the work of
improvement.
5. If the prime contractor for the work of improvement receives a
notice of nonresponsibility pursuant to paragraph (b) of subsection 4,
the prime contractor shall:
(a) Post a copy of the notice of nonresponsibility in an open and
conspicuous place on the property within 3 days after his receipt of the
notice of nonresponsibility; and
(b) Serve a copy of the notice of nonresponsibility by personal
delivery, facsimile or by certified mail, return receipt requested, upon
each lien claimant from whom he received a notice of right to lien,
within 10 days after his receipt of the notice of nonresponsibility or a
notice of right to lien, whichever occurs later.
6. An owner who does not comply with the provisions of this
section may not assert any claim that his interest in any improvement and
the property upon which an improvement is constructed, altered or
repaired is not 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 owner” means 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 or representative,
directly or indirectly, contract for or cause a work of improvement, or
any portion thereof, to be constructed, altered or repaired upon the
property or an improvement of the owner.
Ê The term does not include an owner who 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 )
1. A prime contractor:
(a) Upon a notice of lien, may recover the lienable amount as may
be due to him, plus all amounts 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 were furnished
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 paid for the
work, materials or equipment which are the subject of a notice of lien
recorded under NRS 108.221 to 108.246
, inclusive, the prime contractor shall
defend the owner in any action brought thereupon at his own expense.
3. Except as otherwise provided in this subsection, if a lien
claimant records a notice of lien for the work, equipment or materials
furnished or to be furnished to the prime contractor, the owner may
withhold from the prime contractor the amount of money for which the lien
claimant’s notice of lien is recorded. If the lien claimant’s notice of
lien resulted from the owner’s failure to pay the prime contractor for
the lien claimant’s work, materials or equipment, the owner shall not
withhold the amount set forth in the notice of lien from the prime
contractor if the prime contractor or lien claimant tenders a release of
the lien claimant’s lien to the owner. In case of judgment 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 prime
contractor, the amount paid by the owner to the lien claimant for which
the prime contractor was liable and recover back from the prime
contractor any amount so paid by the owner in excess of the amount the
court has found that the owner owes to the prime contractor.
(Added to NRS by 1965, 1164; A 2003, 2606 ; 2005, 1903 )
1. In every case in which different liens are asserted against any
property, the court, in the judgment, must declare the rank of each lien
claimant or class of lien claimants in the following order:
(a) First: All labor whether performed at the instance or direction
of the owner, the subcontractor or the prime contractor.
(b) Second: Material suppliers and lessors of equipment.
(c) Third: All other lien claimants who have performed their work,
in whole or in part, under contract with the prime contractor or any
subcontractor.
(d) Fourth: All other lien claimants.
2. The proceeds of the sale of the property must be applied to
each lien claimant or class of lien claimants in the order of its rank.
(Added to NRS by 1965, 1164; A 1993, 2056; 2003, 2607 )
1. The court shall award to a prevailing lien claimant, whether on
its lien or on a surety bond, the lienable amount found due to the lien
claimant by the court and the cost of preparing and recording the notice
of lien, including, without limitation, attorney’s fees, if any, and
interest. The court shall also award to the prevailing lien claimant,
whether on its lien or on a surety bond, the costs of the proceedings,
including, without limitation, reasonable attorney’s fees, the costs for
representation of the lien claimant in the proceedings, and any other
amounts as the court may find to be justly due and owing to the lien
claimant.
2. The court shall calculate interest for purposes of subsection 1
based upon:
(a) The rate of interest agreed upon in the lien claimant’s
contract; or
(b) If a rate of interest is not provided in the lien claimant’s
contract, interest at a rate equal to the prime rate at the largest bank
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 of judgment, plus 4 percent, on the amount of the lien found
payable. The rate of interest must be adjusted accordingly on each
January 1 and July 1 thereafter until the amount of the lien is paid.
Ê Interest is payable from the date on which the payment is found to have
been due, as determined by the court.
3. If the lien claim is not upheld, the court may award costs and
reasonable attorney’s fees to the owner or other person defending against
the lien claim if the court finds that the notice of lien was pursued 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 )
The provisions of NRS 108.221 to 108.246 ,
inclusive, must not be construed to impair or affect the right of a lien
claimant to whom any debt may be due for work, materials or equipment
furnished to maintain a civil action to recover that debt against the
person liable therefor or to submit any controversy arising under a
contract to arbitration to recover that amount.
(Added to NRS by 1965, 1165; A 2003, 2608 )
1. A notice of lien may be enforced by an action in any court of
competent jurisdiction that is located within the county where the
property upon which the work of improvement is located, on setting out in
the complaint the particulars of the demand, with a description of the
property to be charged with the lien.
2. At the time of filing the complaint and issuing the summons,
the lien claimant shall:
(a) File a notice of pendency of the action in the manner provided
in NRS 14.010 ; and
(b) Cause a notice of foreclosure to be published at least once a
week for 3 successive weeks, in one newspaper published in the county,
and if there is no newspaper published in the county, then in such mode
as the court may determine, notifying all persons holding or claiming a
notice of lien pursuant to the provisions of NRS 108.221 to 108.246 ,
inclusive, on the property to file with the clerk and serve on the lien
claimant and also on the defendant, if the defendant is within the State
or is represented by counsel, written statements of the facts
constituting their liens, together with the dates and amounts thereof.
3. All persons holding or claiming a notice of lien may join a
lien claimant’s action by filing a statement of facts within a reasonable
time after publication of the notice of foreclosure or receiving notice
of the foreclosure, whichever occurs later. Any number of persons
claiming liens may join in the same action if they timely file a
statement of facts in the lien claimant’s action. The lien claimant and
other parties adversely interested must be allowed 20 days to answer the
statements.
4. If it appears from the records of the county recorder that
there are other notices of lien recorded against the same property at the
time of the commencement of the action, the lien claimant shall, in
addition to and after the initial publication of the notice of
foreclosure as provided in paragraph (b) of subsection 2, mail to those
other lien claimants, by registered or certified mail, or deliver in
person a copy of the notice of foreclosure as published.
5. At the time of any change in the venue of the action, the lien
claimant shall file a notice of pendency of the action, in the manner
provided in NRS 14.010 , and include in
the notice the court and county to which the action is changed.
6. When separate actions are commenced by lien claimants to
foreclose on their respective notices of lien, the court may consolidate
all the actions. The consolidation does not affect or change the priority
of lien claims.
7. The court shall enter judgment according to the right of the
parties, and shall, by decree, proceed to hear and determine the claims
in a summary way, or may, if it be the district court, refer the claims
to a special master to ascertain and report upon the liens and the amount
justly due thereon. No consequential damages may be recovered in an
action pursuant to this section. All liens not so exhibited shall be
deemed to be waived in favor of those which are so exhibited.
8. Upon petition by a lien claimant for a preferential trial
setting:
(a) The court shall give preference in setting a date for the trial
of an action brought pursuant to this section; and
(b) If a lien action is designated as complex by the court, the
court may take into account the rights and claims of all lien claimants
in setting a date for the preferential trial.
9. If the lienable amount of a lien claimant’s lien is the subject
of binding arbitration:
(a) The court may, at the request of a party to the arbitration,
stay the lien claimant’s action to foreclose the lien pending the outcome
of the binding arbitration. If the foreclosure on the lien involves the
rights of other lien claimants or persons whose claims are not the
subject of the binding arbitration, the court may stay the lien
claimant’s foreclosure proceeding only upon terms which are just and
which afford the lien claimant a fair opportunity to protect his lien
rights and priorities with respect to other lien claimants and persons.
(b) Upon the granting of an award by the arbitrator, any party to
the arbitration may seek an order from the court in the action to
foreclose on the lien confirming or adopting the award and determining
the lienable amount of the lien claimant’s lien in accordance with the
order, if any. Upon determining the lienable amount, 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 pursuant to NRS 108.237
, and the court may include as part of
the lien all costs and attorney’s fees awarded to the lien claimant by
the arbitrator and all costs and attorney’s fees incurred by the lien
claimant pertaining to any application or motion to confirm, adopt,
modify or correct the award of the arbitrator. A judgment or decree
entered by the court pursuant to this subsection may be enforced against
the property as provided in subsections 10, 11 and 12.
10. On ascertaining the whole amount of the liens with which the
property is justly chargeable, as provided in NRS 108.221 to 108.246 ,
inclusive, the court shall cause the 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 favor judgment may be rendered may cause the
property to be sold within the time and in the manner provided for sales
on execution, issued out of any district court, for the sale of real
property.
11. If the proceeds of sale, after payment of the costs of sale,
are not sufficient to satisfy all liens to be included in the decree of
sale, including all amounts awarded to all lien claimants pursuant to NRS
108.237 , the proceeds must be
apportioned according to the right of the various lien claimants. If the
proceeds of the sale amount to more than the sum of all liens and the
cost of sale, the remainder must be paid over to the owner of the
property.
12. Each party whose claim is not satisfied in the manner provided
in this section is entitled to personal judgment for the residue against
the party legally liable for it if that person has been personally
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 )
1. Except as otherwise provided in NRS 108.2405 , before a lessee may cause a work of
improvement to be constructed, altered or repaired upon property that he
is leasing, the lessee shall:
(a) Record a notice of posted security with the county recorder of
the county where the property is located upon which the improvement is or
will be constructed, altered or repaired; and
(b) Either:
(1) Establish a construction disbursement account and:
(I) Fund the account in an amount equal to the total
cost of the work of improvement, but in no event less than the total
amount of the prime contract;
(II) Obtain the services of a construction control to
administer the construction disbursement account; and
(III) Notify each person who gives the lessee a notice
of right to lien of the establishment of the construction disbursement
account as provided in paragraph (f) of subsection 2; or
(2) Record a surety bond for the prime contract that meets
the requirements of subsection 2 of NRS 108.2415 and notify each person who gives the lessee a
notice of right to lien of the recording of the surety bond as provided
in paragraph (f) of subsection 2.
2. The notice of posted security required pursuant to subsection 1
must:
(a) Identify the name and address of the lessee;
(b) Identify the location of the improvement and the address, legal
description and assessor’s parcel number of the property upon which the
improvement is or will be constructed, altered or repaired;
(c) Describe the nature of the lessee’s interest in:
(1) The property upon which the improvement is or will be
constructed, altered or repaired; and
(2) The improvement on such property;
(d) If the lessee establishes a construction disbursement account
pursuant to subsection 1, include:
(1) The name and address of the construction control;
(2) The date that the lessee obtained the services of the
construction control and the total amount of funds in the construction
disbursement account; and
(3) The number of the construction disbursement account, if
any;
(e) If the lessee records a surety bond pursuant to subsection 1,
include:
(1) The name and address of the surety;
(2) The surety bond number;
(3) The date that the surety bond was recorded in the office
of the county recorder of the county where the property is located upon
which the improvement is or will be constructed, altered or repaired;
(4) The book and the instrument or document number of the
recorded surety bond; and
(5) A copy of the recorded surety bond with the notice of
posted security; and
(f) Be served upon each person who gives a notice of right to lien
within 10 days after receipt of the notice of right to lien, in one of
the following ways:
(1) By personally delivering a copy of the notice of posted
security to the person who gives a notice of right to lien at the address
identified in the notice of right to lien; or
(2) By mailing a copy of the notice of posted security by
certified mail, return receipt requested, to the person who gives a
notice of right to lien at the address identified in the notice of right
to lien.
3. If a lessee fails to satisfy the requirements of subsection 1
of this section or subsection 2 of NRS 108.2407 , the prime contractor who has furnished or
will furnish materials or equipment for the work of improvement may stop
work. If the lessee:
(a) Satisfies the requirements of subsection 1 of this section or
subsection 2 of NRS 108.2407 within 25
days after any work stoppage, the prime contractor who stopped work shall
resume work and the prime contractor and his lower-tiered subcontractors
and suppliers are entitled to compensation for any reasonable costs and
expenses that any of them have incurred because of the delay and
remobilization; or
(b) Does not satisfy the requirements of subsection 1 of this
section or subsection 2 of NRS 108.2407 within 25 days after the work stoppage, the
prime contractor who stopped work may terminate his contract relating to
the work of improvement and the prime contractor and his lower-tiered
subcontractors and suppliers are entitled to recover:
(1) The cost of all work, materials and equipment, including
any overhead the prime contractor and his lower-tiered subcontractors and
suppliers incurred and profit the prime contractor and his lower-tiered
subcontractors and suppliers earned through the date of termination;
(2) The balance of the profit the prime contractor and his
lower-tiered subcontractors and suppliers would have earned if the
contract had not been terminated;
(3) Any interest, costs and attorney’s fees that the prime
contractor and his lower-tiered subcontractors and suppliers are entitled
to pursuant to NRS 108.237 ; and
(4) Any other amount awarded by a court or other trier of
fact.
4. The rights and remedies provided pursuant to this section are
in addition to any other rights and remedies that may exist at law or in
equity, including, without limitation, the rights and remedies provided
pursuant to NRS 624.606 to 624.630 , inclusive.
(Added to NRS by 2005, 1893 )
2403 and 108.2407 under certain circumstances; service of
notice of waiver of owners’ rights upon prime contractor and lien
claimants.
1. The provisions of NRS 108.2403 and 108.2407 do not apply:
(a) In a county with a population of 400,000 or more with respect
to a ground lessee who enters into a ground lease for real property which
is designated for use or development by the county for commercial
purposes which are compatible with the operation of the international
airport for the county.
(b) If all owners of the property, individually or collectively,
record a written notice of waiver of the owners’ rights set forth in NRS
108.234 with the county recorder of the
county where the property is located before the commencement of
construction of the work of improvement.
2. Each owner who records a notice of waiver pursuant to paragraph
(b) of subsection 1 must serve such notice by certified mail, return
receipt requested, upon the prime contractor of the work of improvement
and all other lien claimants who may give the owner a notice of right to
lien pursuant to NRS 108.245 , within 10
days after the owner’s receipt of a notice of right to lien or 10 days
after the date on which the notice of waiver is recorded pursuant to this
subsection.
3. As used in this section:
(a) “Ground lease” means a written agreement:
(1) To lease real property which, on the date on which the
agreement is signed, does not include any existing buildings or
improvements that may be occupied on the land; and
(2) That is entered into for a period of not less than 10
years, excluding any options to renew that may be included in any such
lease.
(b) “Ground lessee” means a person who enters into a ground lease
as a lessee with the county as record owner of the real property as the
lessor.
(Added to NRS by 2005, 1895 )
1. If a construction disbursement account is established and
funded pursuant to subsection 2 of this section or subsection 1 of NRS
108.2403 , each lien claimant has a
lien upon the funds in the account for an amount equal to the lienable
amount owed to him.
2. Upon the disbursement of any funds from the construction
disbursement account for a given pay period:
(a) The lessee shall deposit into the account such additional funds
as may be necessary to pay for the completion of the work of improvement,
including, without limitation, the costs attributable to additional and
changed work, material or equipment;
(b) The construction control described in subsection 1 of NRS
108.2403 shall certify in writing the
amount necessary to pay for the completion of the work of improvement; and
(c) If the amount necessary to pay for the completion of the work
of improvement exceeds the amount remaining in the construction
disbursement account:
(1) The construction control shall give written notice of
the deficiency by certified mail, return receipt requested, to the prime
contractor and each person who has given the construction control a
notice 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 to lien claimants
from the construction disbursement account for the lienable amount owed
such lien claimants.
4. A lien claimant may notify the construction control of 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 the
construction control within 90 days after the completion of the work of
improvement.
5. Except as otherwise provided in subsection 6, the construction
control shall pay a legitimate claim of lien upon receipt of the written
notice described in subsection 4 from the funds available in the
construction disbursement account.
6. The construction control may bring an action for interpleader in
the district court for the county where the property or some part thereof
is located if:
(a) The construction control reasonably believes that all or a
portion of a claim of lien is not legitimate; or
(b) The construction disbursement account does not have sufficient
funds to pay all claims of liens for which the construction control has
received notice.
7. If the construction control brings an action for interpleader
pursuant to paragraph (a) of subsection 6, the construction control shall
pay to the lien claimant any portion of the claim of lien that the
construction control reasonably believes is legitimate.
8. If an action for interpleader is brought pursuant to subsection
6, the construction control shall:
(a) Deposit with the court an amount equal to 1.5 times the amount
of the lien claims to the extent that there are funds available in the
construction disbursement account;
(b) Provide notice of the action for interpleader by certified mail,
return receipt requested, to each person:
(1) Who gives the construction control a notice of right to
lien;
(2) Who serves the construction control with a claim of lien;
(3) Who has performed work or furnished materials or
equipment for the work of improvement; or
(4) Of whom the construction control is aware may perform
work or furnish materials or equipment for the work of improvement; and
(c) Publish a notice of the action for interpleader once each week,
for 3 successive weeks, in a newspaper of general circulation in the
county in which the work of improvement is located.
9. A construction control who brings an action for interpleader
pursuant to subsection 6 is entitled to be reimbursed from the
construction disbursement account for the reasonable costs that he
incurred in bringing such action.
10. If a construction control for a construction disbursement
account established by a lessee does not provide a proper certification
as required pursuant to paragraph (b) of subsection 2 or does not comply
with any other requirement of this section, the construction control and
its bond are liable for any resulting damages to any lien claimants.
(Added to NRS by 2005, 1895 )
A lien claimant’s lien rights or notice of lien may be
released 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
)
1. To obtain the release of a lien for which notice of lien has
been recorded against the property, the principal and a surety must
execute a surety bond in an amount equal to 1.5 times the lienable amount
in the notice of lien, which must be in the following form:
(Assessor’s 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 following described property owned by
......................................... (name of owners) from that
certain notice 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 do hereby obligate
themselves to the lien claimant named in the notice of lien,
................................, (name of lien claimant) under the
conditions prescribed 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 that amount as a court of competent jurisdiction may
adjudge to have been secured by his lien, including the total amount
awarded pursuant to NRS 108.237 , but
the liability of the surety may not exceed the penal sum of the surety
bond.
IN TESTIMONY WHEREOF, the principal and surety have executed this bond at
................................, Nevada, on the ....... day of the month
of ....... of the year .......
......……….....................
(Signature of Principal)
(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 the foregoing instrument as principal for the purposes therein
mentioned and also personally appeared ................................
known (or satisfactorily proved) to me 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 the surety therein
named, and he acknowledged to me that the surety executed the foregoing
instrument.
...............................................................
(Notary Public in and for
the County and State)
2. To obtain the release of all prospective and existing lien
rights of lien claimants related to a work of improvement, the principal
and a surety must execute and cause to be recorded a surety bond in an
amount equal to 1.5 times the amount of the prime contract, which must be
in the following form:
(Assessor’s 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 following described property owned by
......................................... (name of owners) from all
prospective and existing lien rights and notices of liens arising from
materials, equipment or work provided or to be provided under the prime
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 the subject of the surety bond is described
as follows:
(Legal Description)
NOW, THEREFORE, the undersigned principal and surety do hereby obligate
themselves in the sum of $................ (1 1/2 x amount of prime
contract) to all prospective and existing lien claimants who have
provided or hereafter provide materials, equipment or work under the
prime contract, from which sum the principal and surety will pay the lien
claimants the lienable amount that a court of competent jurisdiction may
determine is owed to each lien claimant, and such additional amounts as
may be awarded pursuant to NRS 108.237 ,
but the liability of the surety may not exceed the penal sum of the
surety bond.
IN TESTIMONY WHEREOF, the principal and surety have executed this bond at
................................, Nevada, on the ....... day of the month
of ....... of the year .......
......……….....................
(Signature of Principal)
(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 the foregoing instrument as principal for the purposes therein
mentioned and also personally appeared ................................
known (or satisfactorily proved) to me 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 the surety therein
named, and he acknowledged to me that the surety executed the foregoing
instrument.
...............................................................
(Notary Public in and for
the County and State)
3. The principal must record the surety bond in the office of the
county recorder in the county in which the property upon which the
improvement is located, either before or after the commencement of an
action to enforce the lien. A certified copy of the recorded surety bond
shall be deemed an original for purposes of this section.
4. Upon the recording of the surety bond, the principal must serve
a file-stamped copy of the recorded surety bond in the following manner:
(a) If a lien claimant has appeared in an action that is pending to
enforce the notice of lien, 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 lien claimant’s counsel of record
at his place of business;
(b) If a notice of lien is recorded at the time the surety bond is
recorded and no action is pending to enforce the notice of lien, personal
service must be made upon each lien claimant pursuant to Rule 4 of the
Nevada Rules of Civil Procedure; or
(c) If no notice of lien is recorded at the time the surety bond is
recorded, service must be made by personal service or certified mail,
return receipt requested, upon each lien claimant and prospective lien
claimant that has provided or thereafter provides the owner or lessee
with a notice of a right to lien. Such service must be within 10 days
after the recording of the surety bond, or the service of notice of the
right to lien upon the owner by a lien claimant, whichever is later.
5. Failure to serve the surety bond as provided in subsection 4
does not affect the validity of the surety bond, but the statute of
limitations on any action on the surety bond, including a motion
excepting to the sufficiency of the surety pursuant to NRS 108.2425
, is tolled until notice is given.
6. Subject to the provisions of NRS 108.2425 , the recording and service of the surety bond
pursuant to:
(a) Subsection 1 releases the property described in the surety bond
from the lien and the surety bond shall be deemed to replace the property
as security for the lien.
(b) Subsection 2 releases the property described in the surety bond
from any liens and prospective liens for work, materials or equipment
related to the prime contract and the surety bond shall be deemed to
replace the property as security for the lien.
(Added to NRS by 1981, 28; A 2001, 29 ; 2003, 2610 ; 2005, 1906 )
1. The lien claimant is entitled to bring an action against the
principal and surety on the surety bond and the lien claimant’s debtor in
any court of competent jurisdiction that is located within the county
where the property upon which the work of improvement is located.
2. If an action by a lien claimant to foreclose upon a lien has
been brought:
(a) Before the surety bond is recorded:
(1) The lien claimant may amend his complaint to state a
claim against the principal and the surety on the surety bond; or
(2) The liability of the principal and surety on the surety
bond may be enforced pursuant to NRS 108.2423 ; or
(b) After the surety bond is recorded:
(1) If the surety bond is recorded pursuant to subsection 1
of NRS 108.2415 , the lien claimant may
bring an action against the principal and the surety not later than 9
months after the date that the lien claimant was served with notice of
the recording of the surety bond.
(2) If the surety bond is recorded pursuant to subsection 2
of NRS 108.2415 , the lien claimant may
bring an action against the principal and the surety within the later of:
(I) Nine months after the date that the lien claimant
was served with notice of the recording of the surety bond; or
(II) Nine months after the date of the completion of
the work of improvement.
3. At any time after the filing of a joint case conference report
pursuant to Rule 16.1 of the Nevada Rules of Civil Procedure or, if the
case is designated by the court as complex litigation, after the approval
of the initial case management order by the court, each lien claimant in
the action may serve upon the adverse party a “demand for preferential
trial setting” and file the demand with the clerk of the court. Upon
filing, the clerk of the court shall, before the Friday after the demand
is filed, vacate a case or cases in a department of the court and set the
lien claimant’s case for hearing, on a day or days certain, to be heard
within 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 the hearing date is vacated without stipulation of counsel
for the lien claimant in writing. If the hearing date is vacated without
that stipulation, upon service and filing, a new preferential trial
setting must be given.
4. A lien claimant shall, at the time of making his demand for a
preferential trial setting, and each other party to the preferential
trial shall, within 20 days after the lien claimant’s service of the
demand, serve upon all parties to the preferential trial the following
documents and information:
(a) A copy of all documents that the party intends to rely upon at
the time of the trial;
(b) A list of witnesses whom the party intends to call at the time
of the trial, which must include for each witness:
(1) The name of the witness;
(2) The company for whom the witness works and title of the
witness; and
(3) A brief summary of the expected testimony of the witness;
(c) Any supplemental discovery responses as required by the Nevada
Rules of Civil Procedure;
(d) The identity of each person whom the party expects to call as
an expert witness at the trial, together with a statement of the
substance of the facts and opinions to which the expert witness is
expected to testify and a summary of the grounds for each opinion;
(e) Any expert reports not previously disclosed; and
(f) A detailed summary of all claims, offsets and defenses that the
party intends to rely upon at the trial.
5. Within 20 days after receipt of an opposing party’s
identification of an expert witness, a party who desires to call a
rebuttal expert witness at the trial must identify each person whom the
party expects to call as a rebuttal expert witness, and must provide a
statement of the substance of the facts and opinions to which the
rebuttal expert witness is expected to testify and a summary of the
grounds for each opinion.
6. A prevailing lien claimant on a claim against a surety bond
must be awarded the lienable amount plus the total amount that may be
awarded by the court pursuant to NRS 108.237 , so long as the liability of the surety is
limited to the penal sum of the surety bond. Such a judgment is
immediately enforceable and may be appealed regardless of whether any
other claims asserted or consolidated actions or suits have been resolved
by a final judgment.
(Added to NRS by 1981, 30; A 1995, 1508; 2003, 2612 ; 2005, 1909 )
1. By entering into a surety bond given pursuant to NRS 108.2415
, the principal and surety submit
themselves to the jurisdiction of the court in which an action or suit is
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
as their agent upon whom any papers affecting the liability on the surety
bond may be served. The liability of the principal may be established by
the court in the pending action. The liability of the surety may be
enforced on motion without necessity of an independent action. The motion
and such notice of motion as the court prescribes may be served on the
clerk of the court, who shall forthwith mail copies to the principal and
surety if their addresses are known.
2. The motion described in subsection 1 must not be instituted
until 30 days after:
(a) If a notice of appeal from the judgment is not filed, the
giving of notice of entry of judgment in the action against the lien
claimant’s debtor or the giving of notice of entry of judgment in an
action against the principal or the lien claimant’s debtor, as the case
may be; or
(b) If an appeal has been taken from the judgment, the filing of
the remittitur from the Supreme Court.
(Added to NRS by 1981, 31; A 2003, 2613 )
1. The lien claimant may, within 15 days after the service of a
copy of the surety bond pursuant to subsection 4 of NRS 108.2415 , file a motion with the clerk of the court in
a pending action, or if no action has been commenced, file a petition
with the court, excepting to the sufficiency of the surety or the surety
bond, and shall, at the same time and together with that motion or
petition, file an affidavit setting forth the grounds and basis of the
exceptions to the surety or the surety bond, and shall serve a copy of
the motion or petition and a copy of the affidavit upon the principal at
the address set forth in the surety bond within 5 business days after the
date of filing. A hearing must be had upon the justification of the
surety or the surety bond not less than 10 days and not more than 20 days
after the filing of the motion or petition. If the court determines that
the surety or surety bond is insufficient, the lien claimant’s lien will
remain against the property or the court may allow the substitution of a
sufficient surety and surety bond.
2. If, at any time after the recording of a surety bond pursuant
to NRS 108.2415 , the surety becomes
unauthorized to transact surety business in this State pursuant to NRS
679A.030 or is dropped from the United States Department of the
Treasury’s Listing of Approved Sureties or there exists any other good
cause, a lien claimant or other person having an interest in the surety
bond may apply to the district court in a pending action, or commence an
action if none is pending, for an order to require the principal to
provide additional security or to change, substitute or add securities,
or to enforce or change any other matter affecting the security provided
by the surety bond.
3. If a court finds that the amount of a surety bond recorded
pursuant to NRS 108.2415 is
insufficient to pay the total amount that may be awarded by the court
pursuant to NRS 108.237 , the court
shall order the principal to obtain additional security or to change or
substitute securities so that the amount of the security provided is 1.5
times the total amount that may be awarded.
4. Any surety that records or consents to the recording of a
surety bond pursuant to NRS 108.2415
will remain fully liable to any lien claimant for up to the penal sum of
the surety bond regardless of the payment or nonpayment of any surety
bond premium.
(Added to NRS by 1981, 31; A 2003, 2614 ; 2005, 1911 )
1. Any lien may be assigned in the same manner as any other chose
in action after it has been perfected by recording.
2. An assignment of a lien before recording will not be effective
until written notice of the assignment has been given to the owner by the
assignee. The notice will be sufficient if delivered in person or mailed
by certified mail to the owner. After such notice, the assignee may
perfect the lien in his own name.
3. One or more lien claimants of any class may assign their
notices of lien by written assignment, signed by each assignor, to any
other person or lien claimant of any class, and the assignee may commence
and prosecute the action upon all of the notices of lien in his own name
or in the name of the original lien claimant.
4. In the event that a claim for which a lien may be filed is
assigned before it is perfected, such assignment does not discharge or
defeat the right to perfect the lien, if the lien is reassigned to the
lien claimant, and thereafter the lien is timely perfected.
(Added to NRS by 1965, 1168; A 1969, 729; 2003, 2614 ; 2005, 1912 )
1. Except as otherwise provided in subsection 2, a notice of lien
upon the property provided for in NRS 108.221 to 108.246 ,
inclusive, may be discharged by an entry on the margin of the record
thereof, signed by the lien claimant or his personal representative or
assignee in the presence of the recorder or his deputy, acknowledging the
satisfaction of or value received for the notice of lien and the debt
secured thereby. The recorder or his deputy shall subscribe the entry as
witness. The entry has the same effect as a discharge or release of the
notice of lien acknowledged and recorded as provided by law. The recorder
shall properly index each marginal discharge.
2. If the notice of lien has been recorded by a microfilm or other
photographic process, a marginal release may not be used and an
acknowledged discharge or release of the notice of lien must be recorded.
3. If the recorder or his deputy is presented with a certificate
executed by the lien claimant or his personal representative or assignee,
specifying that the notice of lien has been paid or otherwise satisfied
or discharged, the recorder or his deputy shall discharge the notice of
lien upon the record.
(Added to NRS by 1991, 1104; A 2003, 2615 )
1. As soon as practicable, but not later than 10 days after a
notice of lien upon the property pursuant to NRS 108.221 to 108.246 ,
inclusive, is fully satisfied or discharged, the lien claimant shall
cause to be recorded a discharge or release of the notice of lien in
substantially the following form:
Assessor’s Parcel Numbers
DISCHARGE OR RELEASE OF NOTICE OF LIEN
NOTICE IS HEREBY GIVEN THAT:
The undersigned did, on the ....... day of the month of
....... of the year ......., record in Book ............, as Document No.
............, in the office of the county recorder of .............
County, Nevada, its Notice of Lien, or has otherwise given notice of his
intention to hold a lien upon the following described property or
improvements, owned or purportedly owned by ..............., located in
the County of ............, State of Nevada, to wit:
(Legal Description or Address of the Property or Improvements)
NOW, THEREFORE, for valuable consideration the undersigned
does release, satisfy and discharge his notice of lien on the property or
improvements described above by reason of this Notice of Lien.
(Signature of Lien Claimant)
2. If the lien claimant fails to comply with the provisions of
subsection 1, he is liable in a civil action to the owner of the
property, his heirs or assigns for any actual damages caused by his
failure to comply with those provisions or $100, whichever is greater,
and for a reasonable attorney’s fee and the costs of bringing the action.
(Added to NRS by 1991, 1104; A 1995, 1509; 2001, 30 ; 2003, 2615 )
A lien claimant or assignee of a lien claimant or
claimants may not file a complaint for foreclosure of his notice of lien
or the assigned notice of lien or notices of lien until 30 days have
expired immediately following the recording of his notice of lien or
following the recording of the assigned notice of lien or the last of the
assigned notices of liens. This provision does not apply to or prohibit
the filing of any statement of fact constituting a lien or statements of
fact constituting a lien:
1. In an action already filed for foreclosure of a notice 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 )
1. Except as otherwise provided in subsection 5, every lien
claimant, other than one who performs only labor, who claims the benefit
of NRS 108.221 to 108.246 , inclusive, shall, at any time after the first
delivery of material or performance of work or services under his
contract, deliver in person or by certified mail to the owner of the
property a notice of right to lien in substantially the following form:
NOTICE OF RIGHT TO LIEN
To: ..................................................
(Owner’s name and address)
The undersigned notifies you that he has supplied materials or
equipment or performed work or services as follows:
(General description of materials, equipment, work or services)
for improvement of property identified as (property description or street
address) under contract with (general contractor or subcontractor). This
is not a notice that the undersigned has not been or does not 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 the
property if the undersigned is not paid.
(Claimant)
A subcontractor or equipment or material supplier who gives such a notice
must also deliver in person or send by certified mail a copy of the
notice to the prime contractor for information only. The failure by a
subcontractor to deliver the notice to the prime contractor is a ground
for disciplinary proceedings against the subcontractor under chapter 624
of NRS but does not invalidate the notice to the owner.
2. Such a notice does not constitute a lien or give actual or
constructive notice of a lien for any purpose.
3. No lien for materials or equipment furnished or for work or
services performed, except labor, may be perfected or enforced pursuant
to NRS 108.221 to 108.246 , inclusive, unless the notice has been given.
4. The notice need not be verified, sworn to or acknowledged.
5. A prime contractor or other person who contracts directly with
an owner or sells materials directly to an owner is not required to give
notice pursuant to this section.
6. A lien claimant who is required by this section to give a
notice of right to lien to an owner and who gives such a notice has a
right to lien for materials or equipment furnished or for work or
services performed in the 31 days before the date the notice of right to
lien is given and for the materials or equipment furnished or for work or
services performed anytime 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 )
221 to
108.246 , inclusive, prohibited; certain
conditions, stipulations or provisions of contract for improvement of
property or construction, alteration or repair of work of improvement
void and unenforceable.
1. Except as otherwise provided in NRS 108.221 to 108.246 ,
inclusive, a person may not waive or 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 contract or 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 do any of the following is contrary to public policy and is void and
unenforceable:
(a) Require a lien claimant to waive rights provided by law to lien
claimants or to limit the rights provided to lien claimants, other than
as expressly provided in NRS 108.221 to
108.246 , inclusive;
(b) Relieve a person of an obligation or liability imposed by the
provisions of NRS 108.221 to 108.246
, inclusive;
(c) Make the contract or other agreement subject to the laws of a
state other than this State;
(d) Require any litigation, arbitration or other process for
dispute resolution on disputes arising out of the contract or other
agreement to occur in a state other than this State; or
(e) Require a prime contractor or subcontractor to waive, release
or extinguish a claim or right that the prime contractor or subcontractor
may otherwise possess or acquire for delay, acceleration, disruption or
impact damages or an extension of time for delays incurred, for any
delay, acceleration, disruption or impact event which was unreasonable
under the circumstances, not within the contemplation of the parties at
the time the contract was entered into, or for which the prime contractor
or subcontractor is not responsible.
(Added to NRS by 2003, 2590 ; A 2005, 1913 )
1. Any term of a contract that attempts to waive or impair the
lien rights of a contractor, subcontractor or supplier is void. An owner,
contractor or subcontractor by any term of a contract, or otherwise, may
not obtain the waiver of, or impair the lien rights of, a contractor,
subcontractor or supplier, except as provided in this section. Any
written consent given by a lien claimant that waives or limits his lien
rights is unenforceable unless the lien claimant:
(a) Executes and delivers a waiver and release that is signed by
the lien claimant or his authorized agent in the form set forth in this
section; and
(b) In the case of a conditional waiver and release, receives
payment of the amount identified in the conditional waiver and release.
2. An oral or written statement purporting to waive, release or
otherwise adversely affect the rights of a lien claimant is not
enforceable and does not create any estoppel or impairment of a lien
unless:
(a) There is a written waiver and release in the form set forth in
this section; and
(b) The lien claimant received payment for the lien and then only
to the extent of the payment received.
3. Payment in the form of a two-party joint check made payable to
a lien claimant and another joint payee who are in privity with each
other shall, upon endorsement by the lien claimant and the joint check
clearing the bank upon which it is drawn, be deemed to be payment to the
lien claimant for only:
(a) The amount of the joint check;
(b) The amount the payor intended to pay the lien claimant 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 of either an
accord and satisfaction regarding a bona fide dispute or any agreement
made in settlement of an action pending in any court or arbitration,
provided the accord and satisfaction or settlement makes specific
reference to the lien rights waived or impaired and is in a writing
signed by the lien claimant.
5. The waiver and release given by any lien claimant is
unenforceable unless it is in the following forms in the following
circumstances:
(a) Where the lien claimant is required to execute a waiver and
release in exchange for or to induce the payment of a progress billing
and the lien claimant is not in fact paid in exchange for the waiver and
release or a single payee check or joint payee check is given in exchange
for the waiver and release, the waiver and release must be in the
following form:
CONDITIONAL WAIVER AND RELEASE
UPON PROGRESS PAYMENT
Property
Name:......................................................................
......................................................
Property
Location:..................................................................
....................................................
Undersigned’s
Customer:..................................................................
........................................
Invoice/Payment Application
Number:....................................................................
...............
Payment
Amount:....................................................................
...................................................
Upon receipt by the undersigned of a check in the above-referenced
Payment Amount payable to the undersigned, and when the check has 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
deemed to waive any notice of lien, any private bond right, any claim for
payment and any rights under any similar ordinance, rule or statute
related to payment rights that the undersigned has on the above-described
Property to the following extent:
This release covers a progress payment for the work, materials or
equipment furnished by the undersigned to the Property or to the
Undersigned’s Customer which are the subject of the Invoice or Payment
Application, but only to the extent of the Payment Amount or such portion
of the Payment Amount as the undersigned is actually paid, and does not
cover any retention withheld, any items, modifications or changes pending
approval, disputed items and claims, or items furnished that are not
paid. Before any recipient of this document relies on it, he should
verify evidence of payment to the undersigned. The undersigned warrants
that he either has already paid or will use the money he receives from
this progress payment promptly to pay in full all his laborers,
subcontractors, materialmen and suppliers for all work, materials or
equipment that are the subject of this waiver and release.
Dated:...................................................
.......................................................
(Company Name)
By:.................................................
Its:.................................................
(b) Where the lien claimant has been paid in full or a part of the
amount provided for in the progress billing, the waiver and release of
the amount paid must be in the following form:
UNCONDITIONAL WAIVER AND RELEASE
UPON PROGRESS PAYMENT
Property
Name:......................................................................
......................................................
Property
Location:..................................................................
....................................................
Undersigned’s
Customer:..................................................................
........................................
Invoice/Payment Application
Number:....................................................................
...............
Payment
Amount:....................................................................
...................................................
The undersigned has been paid and has received a progress payment
in the above-referenced Payment Amount for all work, materials and
equipment the undersigned furnished to his Customer for the
above-described Property and does hereby waive and release any notice of
lien, any private bond right, any claim for payment and any rights under
any similar ordinance, rule or statute related to payment rights that the
undersigned has on the above-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 the
Undersigned’s Customer which are the subject of the Invoice or Payment
Application, but only to the extent of the Payment Amount or such portion
of the Payment Amount as the undersigned is actually paid, and does not
cover any retention withheld, any items, modifications or changes pending
approval, disputed items and claims, or items furnished that are not
paid. The undersigned warrants that he either has already paid or will
use the money he receives from this progress payment promptly to pay in
full all his laborers, subcontractors, materialmen and suppliers for all
work, materials or equipment that are the subject of this waiver and
release.
Dated:...................................................
.......................................................
(Company Name)
By:.................................................
Its:.................................................
(Each unconditional waiver and release must contain the following
language, in type at least as large as the largest type otherwise on the
document:)
Notice: This document waives rights unconditionally and states that you
have been paid for giving up those rights. This document is enforceable
against you if you sign it to the extent of the Payment Amount or the
amount received. If you have not been paid, use a conditional release
form.
(c) Where the lien claimant is required to execute a waiver and
release in exchange for or to induce payment of a final billing and the
lien claimant is not paid in exchange for the waiver and release or a
single payee check or joint payee check is given in exchange for the
waiver and release, the waiver and release must be in the following form:
CONDITIONAL WAIVER AND RELEASE
UPON FINAL PAYMENT
Property
Name:......................................................................
......................................................
Property
Location:..................................................................
....................................................
Undersigned’s
Customer:..................................................................
........................................
Invoice/Payment Application
Number:....................................................................
...............
Payment
Amount:....................................................................
...................................................
Payment
Period:....................................................................
......................................................
Amount of Disputed
Claims:....................................................................
.................................
Upon receipt by the undersigned of a check in the above-referenced
Payment Amount payable to the undersigned, and when the check has 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
deemed to waive any notice of lien, any private bond right, any claim for
payment and any rights under any similar ordinance, rule or statute
related to payment rights that the undersigned has on the above-described
Property to the following extent:
This release covers the final payment to the undersigned for all
work, materials or equipment furnished by the undersigned to the Property
or to the Undersigned’s Customer and does not cover payment for Disputed
Claims, if any. Before any recipient of this document relies on it, he
should verify evidence of payment to the undersigned. The undersigned
warrants that he either has already paid or will use the money he
receives from the final payment promptly to pay in full all his laborers,
subcontractors, materialmen and suppliers for all work, materials or
equipment that are the subject of this waiver and release.
Dated:...................................................
.......................................................
(Company Name)
By:.................................................
Its:.................................................
(d) Where the lien claimant has been paid the final billing, the
waiver and release must be in the following form:
UNCONDITIONAL WAIVER AND RELEASE
UPON FINAL PAYMENT
Property
Name:......................................................................
......................................................
Property
Location:..................................................................
....................................................
Undersigned’s
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-described Property and
does hereby waive and release any notice of lien, any private bond right,
any claim for payment and any rights under any similar ordinance, rule or
statute related to payment rights that the undersigned has on the
above-described Property, except for the payment of Disputed Claims, if
any, noted above. The undersigned warrants that he either has already
paid or will use the money he receives from this final payment promptly
to pay in full all his laborers, subcontractors, materialmen and
suppliers for all work, materials and equipment that are the subject of
this waiver and release.
Dated:...................................................
.......................................................
(Company Name)
By:.................................................
Its:.................................................
(Each unconditional waiver and release must contain the following
language, in type at least as large as the largest type otherwise on the
document:)
Notice: This document waives rights unconditionally and states that you
have been paid for giving up those rights. This document is enforceable
against you if you sign it, even if you have not been paid. If you have
not been paid, use a conditional release form.
(e) Notwithstanding any language in any waiver and release form set
forth in this section, if the payment given in exchange for any waiver
and release of lien is made by check, draft or other such negotiable
instrument, and the same fails to clear the bank on which it is drawn for
any reason, then the waiver and release shall be deemed null, void and of
no legal effect whatsoever and all liens, lien rights, bond rights,
contract rights or any other right to recover payment afforded to the
lien claimant in law or equity will not be affected by the lien
claimant’s execution of the waiver and release.
(Added to NRS by 2003, 2591 ; A 2005, 1914 )
245 ; copy to be provided to each
subcontractor; failure to comply with requirements constitutes ground for
disciplinary action against prime contractor.
1. Each prime contractor shall, before execution of a contract for
construction, inform the owner with whom he intends to contract of the
provisions of NRS 108.245 in
substantially the following form:
To:.................................................................
(Owner’s name and address)
The provisions of NRS 108.245 , a
part of the mechanics’ and materialmen’s lien law of the State of Nevada,
require, for your information and protection from hidden liens, that each
person or other legal entity who supplies materials to or performs work
on a construction project, other than one who performs only labor,
deliver to the owner a notice of the materials and equipment supplied or
the work performed. You may receive these notices in connection with the
construction project which you propose to undertake.
2. Each prime contractor shall deliver a copy of the information
required by subsection 1 to each subcontractor who participates in the
construction project.
3. The failure of a prime contractor to inform pursuant to this
section owners and subcontractors with whom he contracts is a ground for
disciplinary proceedings under chapter 624 of NRS.
(Added to NRS by 1971, 881; A 1997, 2696; 2003, 2617 )
LIENS OF FOUNDRYMEN, BOILERMAKERS AND OTHERS
1. All foundrymen, boilermakers and all persons performing labor,
or furnishing machinery, boilers, castings or other materials for the
construction, repairing or carrying on of any mill, manufactory or
hoisting works, shall have a lien on such mill, manufactory or hoisting
works for such work or labor done, or such machinery, boiler, castings or
other material furnished by each, respectively.
2. All the provisions of NRS 108.221 to 108.246 ,
inclusive, as determined by the date of performance, respecting the mode
of recording, securing and enforcing the liens of contractors,
subcontractors, journeymen, laborers and others shall be 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 to the
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 BY ATTACHMENT; EXPIRATION
OF NOTICE OF PENDENCY OF ACTION
The lien upon real property heretofore or hereafter
created by the levy of a writ of attachment shall, unless otherwise
released and discharged of record, at the expiration of 10 years from the
time of such levy terminate and be conclusively presumed to have been
regularly released and discharged.
[1:37:1917; 1919 RL p. 3352; NCL § 9409]
Notice of the pendency of any action shall not constitute notice or be
of any force or effect after the expiration of 10 years from the time of
the filing of the notice.
[3:37:1917; 1919 RL p. 3352; NCL § 9411]
LIENS FOR STORAGE, MAINTENANCE, KEEPING OR REPAIR OF VEHICLES, MOBILE
HOMES, MANUFACTURED HOMES, RECREATIONAL VEHICLES, TRAILERS OR AIRCRAFT
As used in NRS 108.265 to 108.360 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 108.266 to 108.2679
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1991, 1716; A 1993, 2037; 2005, 1246 )
“Landlord” means the owner or
lessor of:
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 home park, but which
is rented or held out for rent to accommodate a mobile home or a
manufactured home.
(Added to NRS by 1991, 1716; A 1993, 2037)
“Legal owner” means the person
in whom the ownership or title of the property is vested or who has a
legal right to possession of the property.
(Added to NRS by 1961, 483; A 1969, 1508; 1973, 449; 1983, 1037;
1985, 506; 1991, 1717)
“Manufactured home” has
the meaning ascribed to it in NRS 489.113 .
(Added to NRS by 1991, 1716)
“Mobile home” has the meaning
ascribed to it in NRS 489.120 .
(Added to NRS by 1991, 1716)
“Mobile home lot” has the
meaning ascribed to “manufactured home lot” in NRS 118B.016 .
(Added to NRS by 1991, 1716; A 2001, 1189 )
“Mobile home park” has
the meaning ascribed to “manufactured home park” in NRS 118B.017 .
(Added to NRS by 1991, 1716; A 2001, 1189 )
“Recreational
vehicle” has the meaning ascribed to it in NRS 482.101 .
(Added to NRS by 1993, 2037)
“Recreational
vehicle park” means a campground or other facility, any portion of which
is rented or held out for rent to accommodate recreational vehicles.
(Added to NRS by 1993, 2037)
“Registered owner” means:
1. A person whose name appears in the files of the Manufactured
Housing Division of the Department of Business and Industry as the person
to whom the mobile home or manufactured home is registered, but does not
include:
(a) A creditor who holds title to the mobile home or manufactured
home; or
(b) The owner or holder of a lien encumbering the mobile home or
manufactured home.
2. A person whose name appears in the files of the Department 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 )
“Trailer” means every vehicle
defined in NRS 482.110 , 482.125 , 482.127 and 482.134 .
(Added to NRS by 1993, 2037)
The Department of Motor Vehicles may adopt such regulations as it
deems necessary to ensure compliance with all applicable laws relating to
the processing of liens for storing, maintaining, keeping or repairing
vehicles required to be registered with the Department pursuant to
chapter 482 of NRS.
(Added to NRS by 2005, 1246 )
For the purposes of this
chapter, the person named in the federal aircraft registration
certificate shall be deemed a legal owner of any aircraft.
(Added to NRS by 1983, 1038)
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 a salvage
pool; or
(c) Keeping a mobile home park, mobile home lot or other land for
rental of spaces for trailers, mobile homes or manufactured homes,
Ê and who in connection therewith stores, maintains, keeps or repairs any
motor vehicle, motorcycle, motor equipment, trailer, mobile home or
manufactured home, or furnishes accessories, facilities, services or
supplies therefor, at the request or with the consent of the owner or his
representatives, or at the direction of any peace officer or other
authorized person who orders the towing or storage of any vehicle through
any action permitted by law, has a lien upon the motor vehicle,
motorcycle, motor equipment, trailer, mobile home or manufactured 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 labor
furnished thereon, or for furnishing accessories, facilities, services or
supplies therefor, and for all costs incurred in enforcing such a lien.
2. Subject to the provisions of NRS 108.315 , a person engaged in the business of keeping a
recreational vehicle park who, at the request or with the consent of the
owner of a recreational vehicle or his representative, furnishes
facilities or services in the recreational vehicle park for the
recreational vehicle, has a lien upon the recreational vehicle for the
amount of rent due for furnishing those facilities and services, and for
all costs incurred in enforcing such a lien.
3. A person who at the request of the legal owner performed labor
on, furnished materials or supplies or provided storage for any aircraft,
aircraft equipment or aircraft parts is entitled to a lien for such
services, materials or supplies and for the costs incurred in enforcing
the lien.
4. Any person who is entitled to a lien as provided in subsections
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
time it is lawfully in his possession until the sum due to him is paid.
[1:95:1943; A 1949, 358; 1943 NCL § 3779.01]—(NRS A 1961, 483;
1973, 1111; 1983, 1038; 1991, 1717; 1993, 2037; 1997, 2864)
1. Except as otherwise provided in subsection 2, the notice of a
lien must be given by delivery in person or by registered or certified
letter addressed to the last known place of business or abode of:
(a) The legal owner and registered owner of the property.
(b) Each person who holds a security interest in the property.
(c) If the lien is on a mobile home or manufactured home, each
person who is listed in the records of the Manufactured Housing Division
of the Department of Business and Industry as holding an ownership or
other interest in the home.
Ê If no address is known, the notice must be addressed to that person at
the place where the lien claimant has his place of business.
2. Any person who claims a lien on aircraft, aircraft equipment or
parts shall:
(a) Within 120 days after he furnishes supplies or services; or
(b) Within 7 days after he receives an order to release the
property,
Ê whichever time is less, serve the legal owner by mailing a copy of the
notice of the lien to his last known address, or if no address is known,
by leaving a copy with the 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 sum due 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, mobile home
or manufactured home against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice,
and of any further claim as may accrue, must be paid on or before a day
mentioned.
(d) A statement that unless the claim is paid within the time
specified the motor vehicle, aircraft, motorcycle, motor or aircraft
equipment, trailer, recreational vehicle, mobile home or manufactured
home will be advertised for sale, and sold by auction at a specified time
and place.
4. The lienholder shall determine a day for the purposes of the
demand in paragraph (c) of subsection 3. The day mentioned must be:
(a) Not less than 10 days after the delivery of the notice if it is
personally delivered; or
(b) Not less than 10 days after the time when the notice should
reach its destination, according to the due course of post, if the notice
is sent by mail.
(Added to NRS by 1983, 1037; A 1985, 237; 1991, 1718; 1993, 235,
2038, 2042; 1995, 669)
In addition to the requirements set
forth in NRS 108.272 , the notice of a
lien on a mobile home or manufactured home must include:
1. The amount necessary to satisfy the lien; and
2. A description of the legal proceeding available to contest the
lien pursuant to NRS 108.350 and
108.355 .
(Added to NRS by 1991, 1716)
1. The Manufactured Housing Division of the Department of Business
and Industry shall provide a notice of lien on a mobile home or
manufactured home and a notice of a sale by auction of a mobile home or
manufactured home that complies with the requirements of NRS 108.270
to 108.360 , inclusive.
2. A notice of lien on a mobile home or manufactured home or a
notice of a sale by auction of a mobile home or manufactured home must be
made on a form provided by the Manufactured Housing Division of the
Department of Business and Industry.
(Added to NRS by 1991, 1716; A 1993, 1506)
A lien asserted against a mobile home or manufactured home
expires 1 year after it is filed with the Manufactured Housing Division
of the Department of Business and Industry.
(Added to NRS by 1991, 1717; A 1993, 1506)
The lien claimant shall provide the legal owner, within 24 hours after
receipt of a written request, with a written statement of the amount of
the lien on any aircraft, 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)
1. The legal owner may, for the redelivery of any aircraft,
aircraft equipment or parts which are held by the lien claimant, file
with the court a bond for double the amount of the lien.
2. The court upon approval of such a bond shall issue its order
requiring the lien claimant to relinquish possession of the property to
the legal owner.
(Added to NRS by 1983, 1038)
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 request with a
statement of the amount of the lien,
Ê the legal owner may apply by affidavit to the court for an order to
show cause why the lien claimant should not relinquish possession of any
aircraft, aircraft equipment or parts, or for release of a bond given
pursuant to NRS 108.276 .
2. The court shall promptly examine the affidavit and shall issue
an order directed to the lien claimant to show cause why the property
should not be taken from the lien claimant and delivered to the legal
owner.
3. Except as provided in this subsection, the order shall fix the
date and time for the hearing, which must not be sooner than 10 days or
later than 21 days from the date of the issuance of the order. Upon a
showing of good cause by the legal owner, the court may fix the date and
time for a hearing which must be at least 1 day after the issuance of the
order.
(Added to NRS by 1983, 1038)
Any person who acquires a lien under the
provisions of NRS 108.270 does not lose
the lien by allowing the motor vehicle, aircraft, motorcycle, motor or
aircraft equipment, trailer, recreational vehicle, mobile home or
manufactured home, or parts thereof to be removed from control of the
person having the lien.
[2:95:1943; A 1945, 358; 1943 NCL § 3779.02]—(NRS A 1973, 1313;
1983, 1039; 1991, 1719; 1993, 2039)
1. If property that is the subject of a lien which is acquired as
provided in NRS 108.270 to 108.360
, inclusive, is the subject of a secured
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 on a motor vehicle for charges for
towing, storing and any related administrative fees:
(1) For the first 30 days of the lien:
(I) If the amount of the lien does not exceed $1,000,
is a first lien.
(II) If the amount of the lien exceeds $1,000, is a
second lien.
(2) After the first 30 days of the lien:
(I) If the amount 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 the total
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 )
1. The lien created in NRS 108.270 to 108.360 ,
inclusive, does not deprive the lien claimant of any remedy allowed by
law to a creditor against his debtor for the collection of all charges
and advances which he has made in connection with any work or services,
or supplies, facilities or accessories furnished for, on or about any
motor vehicle, aircraft, motorcycle, motor or aircraft equipment,
aircraft parts, trailer, recreational vehicle, mobile home or
manufactured home pursuant to an expressed or implied contract between
the lien claimant and the owner, or the representative of the owner, of
the motor vehicle, aircraft, motorcycle, motor or aircraft equipment,
aircraft parts, trailer, recreational vehicle, mobile home or
manufactured home.
2. Any insurance company, having outstanding and in effect
appropriate insurance coverage therefor, which has been given notice in
writing of a debt or obligation incurred for the towing or repair of any
motor vehicle damaged by an insured of the company for which the insured
is legally responsible becomes, subject to the conditions and provisions
of the insurance policy, indebted to the claimant for such towing or
repair services, for the reasonable expenses incurred for towing or
repair of the vehicle, if the claimant has given notice to the company or
its agent at least 3 days before the date of any settlement or award
effected by the company in connection therewith.
3. In determining the amount of the indebtedness for towing or
repairing a damaged vehicle identified in subsection 2, the insurance
company 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 coverage of the policy,
Ê whichever is less.
4. Any payment made by the company pursuant to this section
relieves the company from further liability in connection with towing or
repairing of the damaged vehicle.
[4:95:1943; A 1945, 358; 1943 NCL § 3779.04]—(NRS A 1961, 483;
1963, 1317; 1983, 1039; 1991, 1719; 1993, 2039)
Subject to the provisions of NRS 108.315 , the lien created in NRS 108.270 to 108.360 ,
inclusive, may be satisfied as follows:
1. The lien claimant shall give written notice to the person 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
motor vehicle, aircraft, motorcycle, motor or aircraft equipment,
aircraft parts, trailer, recreational vehicle, mobile home or
manufactured home, upon which the lien is asserted, and to the:
(a) Manufactured Housing Division of the Department of Business and
Industry with regard to mobile homes, manufactured homes and commercial
coaches as defined in chapter 489 of NRS; or
(b) Department of Motor Vehicles with regard to all other items
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 a lien on
the motor vehicle, aircraft, motorcycle, motor or aircraft equipment,
aircraft parts, trailer, recreational vehicle, mobile home or
manufactured home. The sale must be held in the place where the lien was
acquired, or, if that place is manifestly unsuitable for the purpose, at
the nearest suitable place.
3. After the time for the payment of the claim specified in the
notice has elapsed, an advertisement of the sale, describing the motor
vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft
parts, 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, and the time and place of the sale, must be published once a
week for 3 consecutive weeks in a newspaper published in the place where
the sale is to be held, but if no newspaper is published in that place,
then in a newspaper published in this State that has a general
circulation in that place. The sale must not be held less than 22 days
after the time of the first publication.
4. From the proceeds of the sale the lien claimant who furnished
the services, labor, fuel, accessories, facilities or supplies shall
satisfy his lien, including the reasonable charges of notice,
advertisement and sale. The balance, if any, of the proceeds must be
delivered, on demand, to the person to whom he would have been bound to
deliver, or justified in delivering, the motor vehicle, aircraft,
motorcycle, motor or aircraft equipment, aircraft parts, 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 )
1. Any landlord who desires to enforce a lien for unpaid rent or
rent and utilities under the provisions of NRS 108.270 to 108.360 ,
inclusive, must within 15 days after the rent is 30 days past due, make a
demand in writing upon the registered 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 every holder of a security interest
and every person who is listed in the records of the Manufactured Housing
Division of the Department of Business and Industry as holding 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 of Business and
Industry, with regard to mobile homes and manufactured homes; or
(b) Department of Motor Vehicles, with regard to recreational
vehicles,
Ê by registered or certified mail.
2. To obtain the name and address of a holder of a security
interest or a person who is listed in the records of the manufactured
housing division of the department of business and industry as holding an
ownership or other interest in the recreational vehicle, mobile home or
manufactured home, the landlord shall, before making the demand for
payment, request that information from the:
(a) Manufactured Housing Division of the Department of Business and
Industry, with regard to mobile homes, manufactured homes and commercial
coaches as defined in chapter 489 of NRS; or
(b) Department of Motor Vehicles, with regard to all other vehicles,
Ê and the state agency shall supply that information from its records. If
the recreational vehicle, 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 or country.
3. A landlord who enforces a lien for unpaid rent may recover an
amount equal to:
(a) The amount of the unpaid rent;
(b) The cost of any advertising and notices required pursuant to
NRS 108.270 to 108.360 , inclusive;
(c) The cost and fees ordered by a court in any action contesting
the validity of a lien; and
(d) The cost of a sale, if a sale by auction is made pursuant to
the provisions of NRS 108.310 .
4. No recreational vehicle, mobile home or manufactured home may
be sold for delinquent rent or rent and utilities until 4 months have
elapsed after the first default in payment, and a notice of lien has been
served pursuant to subsection 1. At least 10 days but not more than 30
days before a sale, a written notice of sale by auction must be sent to
the registered owner and tenant or subtenant and to every holder of a
security interest and every person who is listed in the records of the
Manufactured Housing Division of the Department of Business and Industry
as holding an ownership or other interest in the recreational vehicle,
mobile home or manufactured home by registered or certified mail stating
that a sale by auction of the recreational vehicle, mobile home or
manufactured home is to be made pursuant to the provisions of NRS 108.310
. The written notice of sale by auction
must include the time and location of the sale, the amount necessary to
satisfy the lien and a description of the legal proceeding available to
contest the lien pursuant to NRS 108.350 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 )
At any time before the motor vehicle, aircraft, motorcycle,
motor or aircraft equipment, aircraft parts, trailer, recreational
vehicle, mobile home or manufactured home is so sold, any person claiming
a right of property or possession therein may pay the lien claimant the
amount necessary to satisfy his lien and to pay the reasonable expenses
and liabilities incurred in serving notices and advertising and preparing
for the sale up to the time of such payment. The lien claimant shall
deliver the motor vehicle, aircraft, motorcycle, motor or aircraft
equipment, aircraft parts, trailer, recreational vehicle, mobile home or
manufactured home to the person making the payment if he is a person
entitled to the possession of the property on payment of the charges
thereon.
[Part 5:95:1943; A 1945, 358; 1953, 377]—(NRS A 1983, 1041; 1991,
1721; 1993, 2041)
The remedy for enforcing the lien provided in NRS 108.270
to 108.360 , inclusive, does not preclude any other
remedies allowed by law for the enforcement of a lien against personal
property nor bar the right to recover so much of the lienholder’s 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 A 1991, 1721)
After
goods have been lawfully sold to satisfy the lien created in NRS 108.270
to 108.360 , inclusive, the lien claimant is not 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 A 1983, 1042;
1991, 1722; 1993, 2042)
Nothing contained in NRS 108.270 to 108.360 ,
inclusive, precludes:
1. The owner of any motor vehicle, aircraft, motorcycle, motor or
aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile
home or manufactured home; or
2. Any other person having an interest or equity in the property,
Ê from contesting the validity of the lien. All legal rights and remedies
otherwise available to the person are reserved to and retained by him,
except that, after a sale has been made to an innocent third party, the
lien claimant is solely responsible for loss or damage occasioned the
owner, or any other person having an 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 provided in those sections.
[8:95:1943; A 1945, 358; 1943 NCL § 3779.08]—(NRS A 1983, 1042;
1991, 1722; 1993, 2042)
1. A person contesting the validity of a lien on a mobile home or
manufactured home may file a notice of opposition to the lien in the
Justice Court in whose jurisdiction the mobile home or manufactured home
is located. The notice of opposition must be filed within 5 days after
the person filing the notice receives the notice of sale by auction, must
be made on a form provided by the clerk of the Justice Court and must
include the facts supporting the notice. The person filing the notice
shall serve certified copies of it upon the lien claimant and the
Manufactured Housing Division of the Department of Business and Industry.
2. Upon the filing of the notice of opposition to the lien, the
justice of the peace shall schedule a hearing on the notice, which must
be held as soon as practicable but not sooner than 5 days after service
of the notice. The justice of the peace shall affix the date of the
hearing to the notice and order that a copy be served upon the lien
claimant within 5 days after the date of the order.
3. The justice of the peace shall either dismiss the objections to
the lien claim, declare the lien invalid or declare the amount of the
lien if it is different from that described by the lien claimant.
4. After receipt of a notice of opposition to a lien or other
notice pursuant to any proceeding to contest the validity of a lien, the
Manufactured Housing Division of the Department of Business and Industry
shall not transfer the title to the mobile home or manufactured home that
is the subject of the lien until the matter has been adjudicated.
(Added to NRS by 1991, 1717; A 1993, 1508)
265
to 108.360 , inclusive, or related regulation; deposit of
fines; enforcement proceedings.
1. The Department of Motor Vehicles may impose an administrative
fine, not to exceed $2,500, for a violation of any provision of NRS
108.265 to 108.360 , inclusive, relating to vehicles required to
be registered with the Department pursuant to chapter 482 of NRS, or any regulation adopted by the Department pursuant
thereto. The Department shall afford to any person so fined an
opportunity for a hearing pursuant to the provisions of NRS 233B.121
.
2. All administrative fines collected by the Department of Motor
Vehicles pursuant to subsection 1 must be deposited with the State
Treasurer to the credit of the State Highway Fund.
3. In addition to any other remedy provided by this chapter, the
Department of Motor Vehicles may compel compliance with this section and
any provision of NRS 108.265 to 108.360
, inclusive, relating to vehicles
required to be registered with the Department pursuant to chapter 482
of NRS, and any regulation adopted by the Department pursuant
thereto, by injunction or other appropriate remedy and the Department may
institute and maintain in the name of the State of Nevada any such
enforcement proceedings.
(Added to NRS by 2005, 1246 )
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 authority of 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 A 1967, 529;
1983, 1042; 1991, 1722; 1993, 2042)
JEWELERS’ AND WATCHMAKERS’ LIENS
1. Every person, firm or corporation engaged in performing work
upon any watch, clock or jewelry, for a price, shall have a lien upon the
watch, clock or jewelry for the amount of any account that may be due for
the work done thereon. The lien shall also include the value or agreed
price, if any, of all materials furnished by the lienholder in connection
with the work.
2. If any account for work done or materials furnished shall
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
and informing him that the payment of the amount due within 30 days will
entitle him to redeem the property, sell any such article or articles at
public or bona fide private sale to satisfy the account.
3. The notice may be served by registered or certified mail with
return receipt demanded, directed to the owner’s last known address, or,
if the owner or his address be unknown, it may be posted in two public
places in the town or city where the property is located.
4. The proceeds of the sale, after paying the expenses thereof,
shall first be applied to liquidate the indebtedness secured by the lien,
and the balance, if any, shall be paid over to the owner.
5. Nothing contained in this section shall be construed as
preventing the lienholder from waiving the lien herein provided for, 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
When any goods, merchandise or other property has been
received by any railroad or express company, or other common carrier,
commission merchant, forwarding merchant, or warehouseman, for
transportation or safekeeping, and is not delivered to the owner,
consignee or other authorized person, the carrier, commission merchant,
forwarding merchant or warehouseman may hold or store the same with some
responsible person until the freight and all just and reasonable charges
on same are paid.
[1:42:1875; BH § 4964; C § 5030; RL § 537; NCL § 637]
If a consignee does not accept
and remove freight within 24 hours after notice has been served on him by
the carrier, the carrier is released from further liability, by placing
the freight in a suitable warehouse on storage, or the carrier may hold
the same upon his responsibility as a warehouseman.
[2:42:1875; BH § 4965; C § 5031; RL § 538; NCL § 638]
If the consignee’s place of
residence or business be unknown, notice may be served on him through the
post office, and the carrier may place the freight in a suitable
warehouse on storage and give notice thereof to the consignor.
[3:42:1875; BH § 4966; C § 5032; RL § 539; NCL § 639]
If from
any cause, other than want of ordinary care and diligence on his part, a
common carrier is unable to deliver perishable property transported by
him and collect his charges thereon, he may cause the property to be sold
in open market to satisfy his lien of freightage.
[4:42:1875; BH § 4967; C § 5033; RL § 540; NCL § 640]
1. If no person calls for the freight or other property received
by the railroad, express company or other common carrier, commission
merchant, forwarding merchant or warehouseman within 60 days from the
receipt thereof, the carrier, forwarding merchant, commission merchant or
warehouseman may sell the property, or so much thereof, at auction to the
highest 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 common carrier,
commission merchant, forwarding merchant or warehouseman shall, before
the sale provided for in subsection 1, give notice of the time and place
of sale to the owner, consignee or consignor, when known, and by
advertisement in a daily newspaper 10 days, or if a weekly newspaper, 4
weeks, published where the sale is to take place. If there is no
newspaper published at the place where the sale is to take place, notice
shall be given by posting a notice of the 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 be paid over to
the owner of the property at any time thereafter, on demand being made
therefor within 6 months after the sale.
4. Any trunk or valise, with its contents, shall be held 6 months
before being advertised for sale.
[5:42:1875; BH § 4968; C § 5034; RL § 541; NCL § 641]
If the owner, or
his agent, 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 the sale is made, to be held by him for a period of 12
months, subject to the order of the owner, after which time, if the same
is not paid to the owner, or his authorized agent, or some person legally
entitled to receive the same, it shall be paid over to the treasurer of
the county where the sale is made, who shall pay the same over to the
state treasurer for the benefit of the state permanent school fund.
[6:42:1875; BH § 4969; C § 5035; RL § 542; NCL § 642]
BAILEES FOR HIRE OF PROPERTY IN STORAGE
1. When any property to be placed in storage has been received by
any person, firm or corporation acting as bailee for hire of the property
to be placed in storage in any room, building or other structure
belonging to or leased by the bailee, the bailee may, in accordance with
the provisions of NRS 108.450 , sell the
property at public auction to the highest bidder if the bailor has failed
to pay the storage charges on the property.
2. The sale must not be made in any manner which is contrary to
any agreement between the bailor and the bailee.
[Part 1:173:1909; RL § 534; NCL § 634]—(NRS A 1981, 1038)
1. The bailee shall notify the bailor of the intended sale as
follows:
(a) The notice must be delivered in person or sent by mail to the
last known address of the bailor.
(b) The notice must include a statement of the claim, a description
of the goods, a demand for full payment and a statement that the goods
will be advertised for sale and sold at public auction unless payment is
made in full before the time and date of the sale specified in the notice.
2. An advertisement of the sale must be published once a week for
2 weeks consecutively in a newspaper of general circulation in the town
or township where the bailee resides. The advertisement must include a
description of the goods, the name of the person on whose account they
are being held, and the time and place of the sale. The first publication
of the advertisement must take place at least 15 days after the date on
which the notice was delivered or mailed, and the sale must take place at
least 15 days after the first publication. If there is no newspaper of
general circulation in the town or township where the bailee resides, the
notice may be given by posting notices in three or more public places in
the town or township for at least 10 days before the sale.
3. The bailor may redeem his property at any time before the
public auction by paying to the bailee the amount of storage charges,
charges for late payment, costs of advertising and storage charges
incurred by the bailee on account of the property. A bailor has no right
to redeem his property if it has been sold at an auction held at the time
and place specified in the notice.
[Part 1:173:1909; RL § 534; NCL § 634]—(NRS A 1981, 1038)
Out of the proceeds
of the sale the bailee may pay all just claims against the property sold,
including the bailee’s charges for storage. If there be any surplus after
all just claims are satisfied, the bailee shall pay the same to the
bailor, if his address be known; if not, then the bailee shall deposit
the same with the county treasurer of the county wherein the sale was
made, who shall hold the same for 1 year for the benefit of the owner,
and if no owner appear to claim the surplus it shall be paid over to the
State Treasurer for the benefit of the state permanent school fund.
[2:173:1909; RL § 535; NCL § 635]
The provisions of NRS 108.440 to 108.460 ,
inclusive, shall in no case be construed to affect any person, persons,
firm or corporation doing a pawnbroking or moneylending business in this
state, and not acting as bailee for hire within the intendment of NRS
108.440 to 108.460 , inclusive.
[3:173:1909; RL § 536; NCL § 636]
LIENS OF OWNERS OF FACILITIES FOR STORAGE
As used in NRS 108.473 to 108.4783 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 108.4733 to 108.4745 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1983, 1665)
“Facility” means real property
divided into individual spaces for storing personal property which are
rented or leased to individual occupants and to which the individual
occupant has access. The term does not include a garage or storage area
in a private residence.
(Added to NRS by 1983, 1665)
“Occupant” includes a person,
his sublessee, successor or assignee who is entitled to the exclusive use
of a space for storage at a facility pursuant to a rental agreement.
(Added to NRS by 1983, 1666)
“Owner” includes a lessor, operator
or other person authorized by the owner to manage a facility, enter into
rental agreements with occupants and collect rent from occupants.
(Added to NRS by 1983, 1666)
“Personal property”
means any property not affixed to land and includes goods, merchandise,
furniture and household items.
(Added to NRS by 1983, 1666)
“Rental agreement” means
any written agreement or lease establishing or modifying the terms,
conditions or rules concerning the use and occupancy of an individual
space in a facility.
(Added to NRS by 1983, 1666)
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 a
residence in the manner provided for in NRS 40.760 .
2. A facility shall not be deemed to be a warehouse or a public
utility.
3. If an owner of a facility issues a warehouse receipt, bill of
lading or other document of title for the personal property stored in the
facility, the owner and occupant are subject to the provisions of NRS
104.7101 to 104.7603 , inclusive, and the provisions of NRS 108.473
to 108.4783 , inclusive, do not apply.
(Added to NRS by 1983, 1666; A 1989, 212; 2005, 885 )
1. The owner of a facility and his heirs, assignees or successors
have a lien on all personal property located at the facility for the
rent, labor or other charges incurred by the owner pursuant to a rental
agreement 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 motor vehicle or
boat has priority over a lien attaching to that motor vehicle or boat
pursuant to NRS 108.473 to 108.4783
, inclusive.
(Added to NRS by 1983, 1666)
1. Each rental agreement must be in writing and must contain:
(a) A provision printed in a size equal to at least 10-point type
that states, “IT IS UNLAWFUL TO USE THIS STORAGE FACILITY AS A RESIDENCE.”
(b) A statement that the occupant’s personal property will be
subject to a claim for a lien and may be sold to satisfy that lien if the
rent or other charges described in the rental agreement remain unpaid for
14 consecutive days.
2. If any provision of the rental agreement provides that an
owner, lessor, operator, manager or employee of the facility, or any
combination thereof, is not liable, jointly or severally, for any loss or
theft of personal property stored in the facility, the provision is
unenforceable unless:
(a) The rental agreement contains a statement advising the occupant
to purchase insurance for his personal property stored in the facility
and informing him that such insurance is available through most insurers;
(b) The provision and the statement are:
(1) Printed in all capital letters or, if the rental
agreement is printed in all capital letters, printed in all capital
letters and boldface type, italic type or underlined type; and
(2) Printed in a size equal to at least 10-point type or, if
the rental agreement is printed in 10-point type or larger, printed in
type that is at least 2 points larger than the size of type used for
other provisions of the rental agreement; and
(c) The provision is otherwise enforceable pursuant to the laws of
this state.
3. NRS 108.473 to 108.4783
, inclusive, do not apply and the lien
for charges for storage does not attach unless the rental agreement
contains a space for the occupant to provide the name and address of an
alternative person to whom the notices under those sections may be sent.
The occupant’s failure to provide an alternative address does not affect
the owner’s remedies under those sections.
4. The parties may agree in the rental agreement to additional
rights, obligations or remedies other than those provided by NRS 108.473
to 108.4783 , inclusive. The rights provided in those
sections are in addition to any other rights of a creditor against his
debtor.
(Added to NRS by 1983, 1666; A 1989, 213; 1997, 921)
1. If any charges for rent or other items owed by the occupant
remain unpaid for 14 days or more, the owner may terminate the occupant’s
right to use his individual space for storage at the facility not less
than 14 days after sending a notice by certified mail to the occupant, at
his last address and to the alternative address provided by the occupant
in the rental agreement. The notice must contain:
(a) An itemized statement of the amount owed by the occupant at the
time of the notice and the date when the amount became due;
(b) The name, address and telephone number of the owner or his
agent;
(c) A statement that the occupant’s right to use the space for
storage will terminate on a specific date unless the occupant pays the
amount owed to the owner; and
(d) A statement that upon the termination of the occupant’s right
to occupy the space and after the date specified in the notice, an
owner’s lien pursuant to NRS 108.4753 ,
will be imposed.
2. For the purposes of this section, “last known address” means
the address provided by the occupant in the most recent rental agreement
between the owner and occupant, or the address provided by the occupant
in a written notice sent to the owner with a change of the occupant’s
address after the execution of the rental agreement.
(Added to NRS by 1983, 1666; A 1985, 238)
1. After the notice of the lien is mailed by the owner, if the
occupant fails to pay the total amount due by the date specified in the
notice, the owner may:
(a) Deny the occupant access to his space for storage; and
(b) Enter the space and remove the personal property within it to a
safe place.
2. The owner shall send the occupant a notice of a sale to satisfy
the lien by certified mail to the occupant at his last known address and
to the alternative address provided by the occupant in the rental
agreement at least 14 days before the sale. The notice must contain:
(a) A statement that the occupant may no longer use the space for
storage and no longer has access to his personal property stored therein;
(b) A statement that the personal property of the occupant is
subject to a lien and the amount of the lien;
(c) A statement that the personal property will be sold to satisfy
the lien on a date specified in the notice, unless the total amount of
the lien is paid or the occupant executes and returns by certified mail,
the declaration 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 lien and the costs
of the sale must be retained by the owner and may be reclaimed by the
occupant or his authorized representative at any time up to 1 year from
the date of the sale.
4. The notice of the sale must also contain a blank copy of a
declaration of opposition to the sale to be executed by the occupant if
he wishes to do so.
(Added to NRS by 1983, 1667; A 1985, 239)
The
occupant may prevent a sale of the personal property to satisfy the lien
if he executes a declaration of opposition to the sale under penalty of
perjury and returns the declaration to the owner by certified mail. The
declaration must contain the following:
1. The name, address and signature of the occupant;
2. The location of the personal property which is to be sold to
satisfy a lien;
3. The date the declaration was executed by the occupant; and
4. A statement that:
(a) The occupant has received the notice of the sale to satisfy the
lien;
(b) He opposes the sale of the property; and
(c) He understands that the owner may commence an action for the
amount of the lien and the costs of the action.
(Added to NRS by 1983, 1667)
1. If the declaration in opposition to the lien sale executed by
the occupant is not received by the date of the sale specified in the
notice mailed to the occupant, the owner may sell the property.
2. The owner shall advertise the sale once a week for 2
consecutive weeks immediately preceding the date of the sale in a
newspaper of general circulation in the judicial district where the sale
is to be held. The advertisement must contain:
(a) A general description of the personal property to be sold;
(b) The name of the occupant;
(c) The number of the individual space for storage at the 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 in the judicial
district where the sale is to be held, the advertisement must be posted
10 days before the sale in at least six conspicuous places near the place
of the sale.
4. The sale must be conducted in a commercially reasonable manner.
After deducting the amount of the lien and the costs of the sale, the
owner shall retain any excess proceeds from the sale on the behalf of the
occupant.
5. The occupant or any person authorized by the occupant or by an
order of the court, may claim the excess proceeds or the portion of the
proceeds necessary to satisfy the person’s claim at any time within 1
year after the date of the sale. After 1 year, the owner shall pay any
proceeds remaining from the sale to the treasurer of the county where the
sale was held for deposit in the general fund of the county.
(Added to NRS by 1983, 1668; A 1985, 1163)
1. Any person who has a security interest in the personal property
perfected pursuant to NRS 104.9101 to
104.9709 , inclusive, may claim the
personal property which is subject to the security interest and to the
lien for storage charges by paying the amount due, as specified in the
preliminary notice of the lien, for the storage of the property, if no
declaration in opposition to the sale to satisfy the lien has been
executed and returned by the occupant to the owner.
2. Upon payment of the total amount due pursuant to this section,
the owner shall deliver the personal property subject to the security
interest to the person paying the amount of the owner’s lien. The owner
is not liable to any person for any action taken pursuant to this section
if the owner complied with the provisions of NRS 108.473 to 108.4783 , inclusive.
(Added to NRS by 1983, 1668; A 1999, 387 )
Before the sale to satisfy the lien, any person claiming an
interest in the personal property may pay the amount necessary to satisfy
the lien and the reasonable expenses incurred by the owner to protect his
lien. If this is done, the personal property must not be sold, but the
owner shall retain the property pending an order by a court which directs
the disposition of the property.
(Added to NRS by 1983, 1669)
1. If the occupant signs, and returns to the owner, the
declaration in opposition to the sale, the owner may commence an action
in any court of competent jurisdiction to enforce his lien.
2. If, after the action to enforce the lien, the owner obtains a
judgment against the occupant for the amount of the lien, the owner may
enforce the judgment by a sale of the property conducted in a
commercially reasonable manner more than 10 days after the notice of the
entry of judgment has been filed with the court, unless within that time
the occupant pays the amount of the judgment.
3. The occupant may stay the enforcement of the judgment pending
an appeal by posting with the court which entered the judgment, a bond in
an amount equal to 1.5 times the amount of the judgment. If the occupant
posts such a bond, the court may order the owner to return the personal
property to the occupant.
(Added to NRS by 1983, 1669)
Any person who
purchases the personal property in good faith at a sale to satisfy the
lien or a sale to enforce a judgment on a lien takes the property free of
any interests of the occupant, even though the owner who conducted the
sale may have failed to comply with the provisions of NRS 108.473 to 108.4783 , inclusive.
(Added to NRS by 1983, 1669)
LIEN OF PROPRIETOR OF HOTEL, MOTEL, LODGINGHOUSE OR BOARDINGHOUSE
1. Except as provided in subsection 2, every hotel, inn, motel,
motor court, boardinghouse or lodginghouse proprietor or proprietors, or
person who lets rooms to lodgers for hire, shall have a lien upon all
property belonging to his patron, guest, boarder or tenant brought within
the hotel, inn, motel, motor court, boardinghouse, lodginghouse or rooms
for the amount that may be due from any such person for boarding,
lodging, rent or for money paid or advanced to him, and for such other
extras as are furnished at his request, and is authorized to retain
possession of such property until the innkeeper’s lien and the cost of
enforcing it are satisfied.
2. Tools or implements necessary to carry on the trade or
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 the payment of
a debt secured by a lien upon personal property as in this section
provided, such lien may be foreclosed by sale of the property or some
part thereof as provided in NRS 108.500 .
[1:35:1867; A 1953, 361]—(NRS A 1957, 122; 1967, 406)
All baggage or property of whatever
description left at a hotel, inn, motel, motor court, boardinghouse or
lodginghouse for the period of 60 days may be sold at public auction by
the proprietor or proprietors thereof as provided in NRS 108.500 .
[2:35:1867; A 1953, 361]—(NRS A 1957, 122)
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 is published
at least once a week for 2 successive weeks prior to the sale, in some
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
days prior to the sale in at least three public places in the county, two
of which shall 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, motor court,
boardinghouse or lodginghouse at which the property or baggage was left.
(d) Give the name of the owner of the property when known.
(e) Be signed by the person conducting the sale.
4. If the name and residence of the owner of the property upon
which the lien is to be foreclosed is known, a copy of the notice shall,
at the time of the posting or publication, be delivered to him, if he
resides in the county; otherwise, it shall be mailed to him at his last
known place of residence.
5. After paying all costs of keeping the property until the time
of sale, the reasonable costs of the sale and the amount due the lien
claimant, the remainder, if any, shall be paid to the county treasurer of
the county in which the lien is foreclosed with a statement of the
innkeeper’s claim, the costs of enforcing it, a copy of the published or
posted notice, and the amount received for the property sold at the sale.
The residue shall be paid into the county school district fund, subject
to a right of the guest or boarder, or his representative, to reclaim it
within 6 months from the date of the deposit.
[3:35:1867; A 1953, 361]—(NRS A 1957, 122; 1959, 23; 1971, 513)
LIEN OF PROPRIETOR OF CHILD CARE ESTABLISHMENT
1. If a person removes a child from a child care establishment or
abandons a child in that establishment for 3 months, the keeper or
proprietor of that establishment may sell or cause to be sold at public
auction any baggage or property left at that establishment. The sale must
be made in the manner provided in NRS 108.480 , 108.490 and
108.500 .
2. The proceeds of the sale, after payment of any indebtedness due
for the care of the child and the costs of the sale, must be paid to the
county treasurer to be held by him for 6 months for the benefit of the
owner of the property sold.
3. If the proceeds are not paid to the owner or any other person
entitled to receive them within that period, the proceeds must be
deposited 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 clothing and
necessary medical, nursing or hospital service for which a child care
establishment is liable.
(b) “Child care establishment” includes any children’s home, day
nursery, kindergarten, nursery school or other similar establishment
however designated, maintained or operated for the care of children for
compensation or hire.
(Added to NRS by 1987, 1299)
LIEN OF AGISTOR, FEEDER OR BREEDER
1. Any person furnishing feed, pasture or otherwise boarding any
animal or animals, at the request or with the consent of the owner or his
representative, has a lien upon the animal or animals, and may retain
possession thereof until the sum due for the feed, pasture or board has
been paid. Such a lien is subordinate only to such other liens of third
persons as have 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 person furnishing the
feed, pasture or board shall mail a registered or certified letter to the
owner, or purported owner, of the animal or animals, at the owner’s, or
purported owner’s, last known address. The letter must demand payment of
all money due for the feed, pasture or board, and must inform the owner
that if payment is not made the lien will be foreclosed by sale. If
payment is not made within 30 days from the date of mailing the
registered or certified letter, the lien may be foreclosed by sale, in
the manner provided by NRS 108.550 .
3. Any person who takes and drives away any such animal or
animals, while in the possession of the person feeding, pasturing or
boarding them, without the consent of the person feeding, pasturing or
boarding them, and without first having paid all reasonable charges due
thereon, is guilty of a misdemeanor. Nothing contained in this subsection
releases the owner of the animal or animals from the amount of any lien
which may be due thereon, 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)
1. The lien provided for in NRS 108.540 may be foreclosed in the following manner:
(a) A notice must be posted for a period of 10 days in three public
and conspicuous places in the county where the animals are being fed,
pastured or boarded, which notice must also be published in one issue of
a newspaper 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 the lienholder to
foreclose the animal or animals by sale.
(3) Specify a description of the animal or animals.
(4) Specify the name and last known address of the owner or
purported owner of the animal or animals.
(5) State that unless the amount of the lien is paid on or
before a specified date, the animal or animals, or so many thereof as may
be necessary, will be sold at public auction at the place and on the day
and hour specified in the notice.
(6) Be signed and dated by the lienholder.
(c) The lienholder shall specify a day for the purposes of the
demand in subparagraph (5) of paragraph (b). The day specified must not
be less than 10 nor more than 15 days after the date of the publication
of the notice.
(d) A true copy of the demand and notice must be mailed by
registered or certified letter and at the time of publication to the last
known address of the holder of every lien appearing of record in the
county.
2. The sale provided for in this section may be conducted by the
person furnishing the feed, pasture or board, or by any other person who
may be designated by the lienholder. Only such number of animals will be
sold as may be necessary to discharge the lien and pay the cost of the
publication of notice, plus the sum of $5 to be allowed to the person
making the sale. No sale may be made except when the animals to be sold
are corralled and have been viewed by the bidders. Any expense incidental
to rounding up or bringing the animal or animals to the place of sale is
also a proper and an additional charge against the owner. The lienholder
may be a bidder at the sale. From the proceeds of the sale, the
lienholder shall satisfy his lien, including the additional charges
mentioned in this subsection, delivering over the balance, if any, to the
owner. If the owner is out of the state or cannot be found, the balance
must be deposited with the county treasurer of the county in which the
sale was conducted.
3. If the balance is not called for by the owner within 6 months
after the date of sale, the balance must be paid into the county school
district fund.
4. The highest bidder at the sale shall immediately pay the amount
bid in cash and receive title to the animals sold, subject only to any
prior lien appearing of record in the county, but before title vests in
the successful bidder there must be recorded with the recorder of the
county in which the sale was held a certificate executed by the person
conducting the sale, to which must be attached the publisher’s proof of
publication of the notice 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, and earmarks, if
any, of the animal or animals sold.
5. No person requesting or consenting to the furnishing of feed,
pasture or board is entitled to assert a lien prior to that provided for
in this section.
6. This section is intended to supplement existing law and the
remedy provided in this section is not exclusive. This section does not
deprive 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]—(NRS
A 1959, 158; 1969, 95; 1971, 513; 1985, 240; 2001, 1752 )
1. If the bill or claim for pasturage or feed for livestock in the
judgment of the person furnishing the pasturage or feed equals the value
of the livestock pastured or fed, and the owner of the livestock has
failed or neglected to pay for the pasturage or feed, the person
furnishing the pasturage or feed may have the livestock appraised by
three competent and disinterested freeholders. If the appraisement does
not exceed by 10 percent the amount of the unpaid pasturage or feed bill,
upon the recording of the appraisement with the county recorder of the
county in which the livestock is situated, the title to the livestock
vests in the person furnishing the pasturage or feed and he may sell the
livestock, subject to the right of redemption mentioned in subsection 2.
2. At any time within 1 year after the recording of the
appraisement, the original owner of the livestock may redeem the
livestock from the possessor thereof by paying or tendering as payment to
the possessor the amount of the appraisement together with 25 percent of
the appraisement additional as damages. If payment or tender is not made
by the original owner within 1 year after the recording of the
appraisement, the title of the possessor 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 )
1. The owner or keeper of any stallion may advertise the terms
upon which he will let such stallion to service, by publication thereof
in some newspaper of the county where the stallion is kept, for 60 days
during the season of each year, or by printed handbills conspicuously
posted during such period in four or more public places in the county,
including the place where the stallion is kept. The publication or
posting, as aforesaid, of the terms of such service shall impart notice
thereof to the owner of any mare served by such stallion during the
season. In all actions and controversies in respect to the foal, the
owner of the mare so served shall be deemed to have accepted and assented
to the terms when so advertised and published or posted as provided
herein.
2. When the terms of such service by any stallion, published or
posted as provided in subsection 1, shall provide that the mare and foal
will be held for the money due for the service of the stallion, then the
owner or keeper of the stallion shall have a lien for such sum on the
mare from the time of service and on the offspring of the mare served for
the period of 1 year after the birth of such foal, which lien shall be
preferred to any prior lien, encumbrance or mortgage whatever. The
publication or posting, as aforesaid, of the terms of such service shall
be deemed notice to any third person of the existence of such lien.
3. Any person who shall sell, convey or dispose of any animal upon
which there exists a lien, as created in subsection 2, without the
written consent of the person holding such lien, and without informing
the person to whom the same is sold or conveyed that the lien exists, or
who shall injure or destroy such animal, or aid or abet the same, for the
purpose of defrauding the lienor, or who shall remove or conceal or aid
or abet in removing or concealing such animal, with intent to hinder,
delay or defraud such 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
Where ore is delivered to a custom mill or reduction works, and
either sold to the mill or reduction works or worked at a percentage, the
person or persons so furnishing ore to the mill or reduction works shall
have a preferred lien upon the bullion product, and upon the ore not
reduced as against attachment and other creditors.
[1911 CPA § 550; RL § 5492; NCL § 9039]
LIENS OF HOSPITALS
Lien on Judgment or Settlement
1. Whenever any person receives hospitalization on account of any
injury, and he, or his personal representative after his death, claims
damages from the person responsible for causing the injury, the hospital
has a lien upon any sum awarded the injured person or his personal
representative by judgment or obtained by a settlement or compromise to
the extent of the amount due the hospital for the reasonable value of the
hospitalization 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 provisions of
chapters 616A to 616D , inclusive, or chapter 617 of NRS.
(b) In addition to the lien provided by NRS 108.662 .
[1:421:1955]—(NRS A 1985, 1646; 1999, 230 )
1. No rights or claims for liens under NRS 108.590 to 108.660 ,
inclusive, shall be allowed for hospitalization rendered an injured
person after a settlement has been effected by or on behalf of the party
causing the injury.
2. No lien shall apply or be allowed against any sum incurred by
the injured party for necessary attorney fees, costs and expenses
incurred by the injured party in securing a settlement, compromise or
recovering damages by an action at law.
[3:421:1955]
In
order to perfect the lien, the hospital or the owner or operator thereof
shall:
1. Before the payment of any money to the injured person 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 itemized statement of
the amount claimed. The notice of lien must be filed with:
(a) The county recorder of the county wherein the hospital is
located; and
(b) The county recorder of the county wherein the injury was
suffered, if the injury was suffered in a county other than that wherein
the hospital is located.
2. Before the date of judgment, settlement or compromise, serve a
certified copy of the notice of lien by registered or certified mail upon
the person alleged to be responsible for causing the injury and liable
for damages on account thereof and from which damages are claimed.
3. Before the date of judgment, settlement or compromise, serve a
certified copy of the notice of lien by registered or certified mail upon
the insurance carrier, if known, which has insured against liability of
the person alleged to be responsible for causing the injury and liable
for damages on account thereof and from which damages are claimed.
[2:421:1955]—(NRS A 1969, 95; 2001, 1754 )
The form of the notice required by
NRS 108.610 must be substantially as
follows:
Notice is hereby given that ................................ has
rendered services in hospitalization for
................................, a person who was injured on the .......
day of the month of ....... of the year ....... in the city of
................, county of ................................, on or about
the ....... day of the month of ....... of the year .......; and that
................................ (name of claimant) hereby claims a lien
upon any money due or owing or any claim for compensation, damages,
contribution, settlement or judgment from
................................, alleged to have caused the injuries, or
any other person, corporation or association liable for the injury. The
hospitalization was rendered to the injured person between the .......
day of the 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 of hospitalization;
that the claimant’s demands for such care or service is in the sum of
$................ and that no part thereof has been paid except
$................; and that there is now due and owing and remaining
unpaid of such 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 duly sworn, on
oath say:
That I am ................................, named in the foregoing claim
of lien; that I have read the same and know the contents thereof 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 )
Any party
legally liable or against whom a claim shall be asserted for compensation
or damages for injuries shall have a right to examine and make copies of
all records of any hospital in reference to and connected with the
hospitalization of such injured person.
[4:421:1955]
1. Any person or his insurer who, after the receipt of a certified
copy of the notice of lien pursuant to NRS 108.610 , makes any payment to the injured person, his
heirs, personal representatives or the attorney for any of them, as
compensation for the injury suffered, without paying the hospital the
reasonable value of hospitalization rendered to the injured person and
claimed in its notice of lien or so much thereof as can be satisfied out
of the money due under any final judgment, settlement or compromise,
after paying the attorney’s fees, costs and expenses incurred in
connection therewith and any prior liens, is, for a period of 180 days
after the date of that payment, liable to the hospital for the amount or
part thereof which the hospital was entitled to receive. The hospital
has, within that period, a cause of action or other claim for relief
against the person or insurer making the payment, which may be prosecuted
and maintained in any county wherein the notice of lien was filed.
2. If the hospital is publicly owned or not for profit, the person
or his insurer shall make the payment to the hospital by issuing to the
hospital a separate check or other negotiable instrument.
[7:421:1955]—(NRS A 1987, 1676)
1. The lien described in NRS 108.590 may be foreclosed by a suit in the district
court.
2. In any suit brought pursuant to the provisions of NRS 108.590
to 108.660 , inclusive, upon entering a decree for the
plaintiff the court shall allow as part of the costs and disbursements
all moneys paid for the filing and recording of the notice of lien and
reasonable attorney’s fees.
[8:421:1955]
Liens on Real Property
1. Except as otherwise provided in subsection 4, a county or
district hospital has a lien upon the real property of a person for
charges incurred and unpaid for the care of the owner of the property or
a person for whose support the owner is legally responsible.
2. The notice of the lien must be served upon the owner by
certified or registered mail and filed in the office of the county
recorder of the county where the real property is located not sooner than
90 days nor later than:
(a) Three years after the patient’s discharge; or
(b) One year after the patient defaults on payments made pursuant
to a written contract,
Ê whichever is later, except that the notice may be served and filed
within 6 months after any default 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 for identification.
4. If the amount due as stated in the notice of lien is reduced by
payments and any person listed in subsection 2 of NRS 108.665 gives written notice of that reduction to the
county or district hospital which recorded the lien, the county or
district hospital shall amend the notice of lien stating the amount then
due, within 10 days after it receives the written notice.
(Added to NRS by 1985, 1645)
1. A lien for charges owed to a hospital may be foreclosed by a
suit in the district court in the same manner as an action for
foreclosure 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
a joint tenant if he was a joint tenant at the time of the patient’s
discharge; or
(b) Minority of any child of the owner,
Ê if the owner or joint tenant resides on the property, or his spouse,
dependent or minor child resides on the property and has acquired title
thereto.
3. If the hospital does not file a suit to foreclose the lien
within 2 years after the date the notice of lien is recorded by the
hospital, the lien is extinguished.
(Added to NRS by 1985, 1645; A 1995, 1524)
1. A county or district hospital shall release its lien upon
payment of the charges.
2. If the amount or the validity of the charges owed or the
validity of the lien is disputed by the owner of the property, the owner
may give the county or district hospital written notice of the dispute
and demand that the hospital file a suit to foreclose the lien within 90
days. If the county or district hospital does not file suit within the
90-day period, the lien is extinguished. The county or district hospital
shall release its lien upon the expiration of the 90-day period.
3. Any county or district hospital that fails to release a lien
pursuant to subsection 1 or 2 when required is liable in a civil action
for treble damages, if the plaintiff in the action gives the county or
district hospital at least 15 days’ written notice of its failure to
release the lien and the release has not been recorded.
(Added to NRS by 1985, 1646)
LIENS ON VESSELS
1. A vessel in this state is subject to a lien for wages due to
persons employed, for work done or services rendered on board the vessel.
2. A person engaged in the business of buying or selling or
keeping a shop or place for the storage, maintenance, keeping or repair
of vessels or rental of spaces for vessels and who in connection
therewith stores, maintains, keeps or repairs a vessel or furnishes
accessories, facilities, services or supplies therefor, at the request or
with the consent of the owner or his representative, or at the direction
of any peace officer or other authorized person who orders the towing or
storage of a vessel through any action permitted by law, has a lien upon
the vessel or any part or parts thereof for the sum due for towing,
storing, maintaining, keeping or repairing the vessel or for labor
furnished thereon, or for furnishing accessories, facilities, services or
supplies therefor, and for all costs incurred in enforcing the lien.
3. Any person, firm or corporation entitled to a lien as provided
in subsection 1 or 2 may, without process of law, detain the vessel at
any time it is lawfully in his possession until the sum due to him is
paid.
4. The liens described in subsection 1 have priority over the
liens described in subsection 2.
(Added to NRS by 1957, 215; A 1981, 168; 1993, 223)
1. A holder of a lien under the provisions of NRS 108.670 does not lose his lien by reason 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 found within
this state.
(Added to NRS by 1957, 215; A 1993, 224)
To the extent that a lien or the aggregate
of several liens acquired as provided in NRS 108.670 to 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)
A
lien created in NRS 108.670 to 108.760
, inclusive, does not deprive the holder
of any other remedy allowed by law for the collection of charges and
advances which he has made in connection with work or services, or
supplies, facilities or accessories furnished for, on or about a vessel
pursuant to an express or implied contract between the lienholder and the
owner, or a representative of the owner, of the vessel.
(Added to NRS by 1957, 215; A 1993, 224)
A lien created in NRS 108.670 to 108.760 ,
inclusive, may be satisfied as follows:
1. The lienholder shall give written notice to the person on whose
account the charges secured by the lien were incurred and to any other
person known to have or claim an interest in the vessel upon which the
lien is asserted.
2. The notice must be given by delivery in person or by registered
or certified letter addressed to the last known place of business or
abode of the person or persons to be notified, and if no address is known
then addressed to the person or persons at the place where the lienholder
has his place of business.
3. The notice must contain:
(a) A statement of the claim, showing the sum due at the time of
the notice and the date or dates when it became due.
(b) A description of the vessel against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice,
and of such further claim as may accrue, must be paid on or before a day
mentioned.
(d) A statement that unless the claim is paid within the time
specified the vessel will be advertised for sale, and sold by auction at
a specified time and place.
4. The lienholder shall determine a day for the purposes of the
demand in paragraph (c) of subsection 3. The day mentioned must be:
(a) Not less than 10 days after the delivery of the notice if it is
personally delivered; or
(b) Not less than 10 days after the time when the notice should
reach its destination, according to the due course of post, if the 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 a lien on
the vessel. The sale must be held in the place where the lien was
acquired, or, if the place is manifestly unsuitable for the purpose, at
the nearest suitable place.
6. After the time for the payment of the claim specified in the
notice has elapsed, an advertisement of the sale, describing the boat or
vessel to be sold, and stating the name of the owner or person on whose
account the sale is held, and the time and place of the sale, must be
published once a week for 3 consecutive weeks in a newspaper published in
the place where the sale is to be held, but if no newspaper is published
in that place then in a newspaper having a general circulation in that
place. The sale must not be held less than 22 days from the time of the
first publication.
7. From the proceeds of the sale the lienholder shall satisfy his
lien, including the reasonable charges of notice, advertisement and sale.
The balance, if any, of the proceeds must be delivered, on demand, to the
person 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)
At any time
before a vessel is so sold, any person claiming a right of property or
possession therein may pay the lienholder the amount necessary to satisfy
his lien and to pay the reasonable expenses and liabilities incurred in
serving notices 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 is a person entitled to the possession of the vessel, on
payment of the charges thereon.
(Added to NRS by 1957, 216; A 1993, 225)
The remedy for enforcing the lien provided in NRS 108.670
to 108.760 , inclusive, does not preclude any other
remedies allowed by law for the enforcement of a lien against personal
property nor bar the right to recover so much of the lienholder’s claim
as is not paid by the proceeds of the sale of the property.
(Added to NRS by 1957, 216; A 1993, 225)
After a vessel has
been lawfully sold to satisfy a lien created in NRS 108.670 to 108.760 ,
inclusive, the lienholder is not liable for failure to deliver the vessel
to a previous owner or claimant.
(Added to NRS by 1957, 217; A 1993, 225)
NRS 108.670 to 108.760 ,
inclusive, do not preclude the owner of a vessel, or preclude any other
person having an interest or equity in the vessel, from contesting the
validity of a lien, and for this purpose all legal rights and remedies
that such a person would otherwise have are reserved to and retained by
him; but after a sale has been made to an innocent third party the
lienholder is solely responsible for loss or damage occasioned the owner,
or any other person having an interest or equity in the property, by
reason of the invalidity of the lien, or by reason of failure of the
lienholder to proceed in the manner provided in those sections.
(Added to NRS by 1957, 217; A 1993, 225)
A person who incurs a bill upon a vessel without the
authority of the owner thereof, or by misrepresentation, is guilty of a
misdemeanor.
(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
Every person, firm or corporation
engaged in cleaning, pressing, glazing or washing garments, clothing,
wearing apparel or household goods for a price shall have a lien upon the
garments, clothing, wearing apparel or household goods for the amount of
any account that may be due for the work done thereon, where such account
is not paid for 90 days or more after completion 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 the work.
(Added to NRS by 1963, 170)
Every person, firm or corporation engaged in
cleaning, pressing, glazing or washing garments, clothing, wearing
apparel or household goods which are placed in storage by agreement shall
have a lien upon the garments, clothing, wearing apparel or household
goods for the amount of any account that may be due for the work done
thereon, and for storage, where the account is not paid for 12 months or
more after completion 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 the work. Persons, firms or corporations operating as
warehouses or warehousemen shall not be affected by this section.
(Added to NRS by 1963, 170)
If any account for
work done or materials furnished remains unpaid for 90 days or more after
completion of the work, or if the articles are placed in storage, and the
charges for storage and for work done and materials furnished remain
unpaid for 12 months or more, the lienholder may, upon 30 days’ notice in
writing to the owner specifying the amount due and informing him that the
payment of the amount due within 30 days will entitle him to redeem the
property, sell any such article or articles at public or bona fide
private sale to satisfy the account.
(Added to NRS by 1963, 171)
The notice may be served by registered or certified mail, with
return receipt requested, directed to the owner’s last known address, or,
if the owner or his address is unknown, it may be posted in a prominent
place in the receiving office of the person, firm or corporation who is
the lienholder. The proceeds of the sale, after paying the expenses
thereof, shall first be applied to 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)
Nothing contained
in NRS 108.770 to 108.820 , inclusive, shall be construed as preventing
the lienholder from waiving the lien herein provided for, and suing upon
the amount if he elects to do so.
(Added to NRS by 1963, 171)
The
following notices shall be posted in the business establishments of each
person, firm or corporation engaged in cleaning, pressing, glazing or
washing garments, clothing, wearing apparel or household goods, and
wishing to take advantage of NRS 108.770 to 108.820 ,
inclusive, in a prominent place in its 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 be sold
to pay charges.”
2. “All articles stored by agreement, where charges have 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 to 108.837 ,
inclusive, may be cited as the Uniform Federal Lien Registration Act.
(Added to NRS by 1967, 362; A 1979, 653)
The Uniform Federal Lien Registration
Act applies only to federal tax liens and other federal liens, notices of
which are required or permitted to be filed in the same manner as notices
of federal tax liens.
(Added to NRS by 1979, 653)
1. Notices of liens, certificates and other notices affecting
federal tax liens or other federal liens must be filed in accordance with
NRS 108.825 to 108.837 , inclusive.
2. Notices of liens upon real property for obligations payable to
the United States and certificates and notices affecting the liens must
be filed in the office of the county recorder of the county in which the
real 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 States and
certificates and notices affecting the liens must be filed as follows:
(a) If the person against whose interest the lien applies is a
corporation or a partnership whose principal executive office is in this
state, as these entities are defined in the internal revenue laws of the
United States, in the office of the Secretary of State.
(b) If the person against whose interest the lien applies is a
trust that is not covered by paragraph (a), in the office of the
Secretary of State.
(c) If the person against whose interest the lien applies is the
estate of a decedent, in the office of the Secretary of State.
(d) In all other cases in the office of the county recorder of the
county where the person against whose interest the lien applies resides
at the time of filing of the notice of lien.
(Added to NRS by 1967, 362; A 1979, 653; 1993, 198)
Certification
of notices of liens, certificates or other notices affecting federal
liens by the Secretary of the Treasury of the United States or his
delegate, or by any official or entity of the United States responsible
for filing or certifying of notice 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)
1. If a notice of federal lien, a refiling of a notice of federal
lien or a notice of revocation of any certificate described in subsection
2 is presented to the filing officer who is:
(a) The Secretary of State, he shall cause the notice to be marked,
held and indexed in accordance with the provisions of NRS 104.9519 as if the notice were a financing statement
within the meaning of the Uniform Commercial Code.
(b) Any other officer described in NRS 108.827 , he shall endorse thereon his identification
and the date and time of receipt and forthwith file it alphabetically or
enter it in an alphabetical index showing the name of the person 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 of State
for filing he shall:
(a) Cause a certificate of release or nonattachment to be marked,
held and indexed as if the certificate were a termination statement
within the meaning of the Uniform Commercial Code, except that the notice
of lien to which the certificate relates must not be removed from the
files; and
(b) Cause a certificate of discharge or subordination to be held,
marked and indexed as if the certificate were a release of collateral
within the meaning of the Uniform Commercial Code.
3. If a refiled notice of federal lien referred to in subsection 1
or any of the certificates or notices referred to in subsection 2 is
presented for filing with any other filing officer specified in NRS
108.827 , he shall enter the refiled
notice or the certificate with the date of filing in any alphabetical
index of liens.
4. Upon request of any person, the filing officer shall issue his
certificate showing whether there is on file, on the date and hour stated
therein, any active notice of lien or certificate or notice affecting any
lien filed under NRS 108.825 to 108.837
, inclusive, naming a particular person
and, if a notice or certificate is on file, giving the date and hour of
filing of each notice or certificate. The certificate must state that it
reveals active liens only. The fee for a certificate is:
(a) Twenty dollars if the request is communicated in writing; and
(b) Fifteen dollars if the request is communicated by another
medium authorized by filing-office rule.
5. Upon request, the filing officer shall furnish a copy of any
notice of federal lien or notice or certificate affecting a federal lien
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 )
1. The county recorder shall charge the standard fee for filing
and indexing each notice of lien, certificate or notice affecting the
lien. No fee may be charged for recording the release of any federal tax
lien which was filed before March 24, 1967.
2. The Secretary of State shall:
(a) Charge for filing and indexing each notice of federal lien,
certificate or notice affecting the lien, or a search or copy relating to
the lien, any one or a combination of the fees provided in NRS 104.9525
with respect to a financing statement.
This fee includes the subsequent recording of a certificate of discharge,
nonattachment, release or subordination of the lien. No fee may be
charged for recording the release of any federal tax lien which was filed
before March 24, 1967.
(b) Accept, file and index all notices of federal tax liens filed
on behalf of the Federal Government without requiring payment of the fee
at the time of filing. He shall then submit an invoice each month to the
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 108.825 to 108.837 ,
inclusive, must be interpreted and construed to effectuate their general
purpose to make uniform the law of those states which enact such sections.
(Added to NRS by 1967, 363; A 1979, 655)
LIENS TO RECOVER BENEFITS PAID FOR MEDICAID
1. A petition to the district court for the imposition of a lien
as described and limited in NRS 422.29306 to recover money owed to the Department of Health and Human
Services 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 receiving or 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 all persons who
are claiming an interest in the property or who are listed as having any
interest in the property, so far as known to the petitioner; and
(e) An itemized list of the amount owed to the Department of Health
and Human Services as a result of payment of benefits for Medicaid.
2. No defect of form or in the statement of facts actually
existing voids the petition for the lien.
(Added to NRS by 1995, 2570; A 1997, 1247)
1. A petition for the imposition of a lien must be signed by or on
behalf of the Director of the Department of Health and Human Services or
the Attorney General and filed with the clerk of the court, who shall set
the petition for hearing.
2. Notice of a petition for the imposition of a lien must be given
by registered or certified mail, postage prepaid, at least 10 days before
the date set for hearing or other action by the court. Each such notice
must be addressed to the intended recipient at his last address known to
the Director, receipt for delivery requested. The Director shall cause
the notice to be published, at least once a week for 3 successive weeks,
in one newspaper published in the county, and if there is no newspaper
published in the county, then in such mode as the court may determine,
notifying all persons claiming any interest in the property of the filing
of the petition, the object and the location, date and time of the
hearing.
3. Notice of a petition for the imposition of a lien must be given
to:
(a) Each person who has requested notice;
(b) The person who is receiving or has received benefits for
Medicaid;
(c) The legal guardian or representative of a person who is
receiving or has received benefits for Medicaid, if any;
(d) Each executor, administrator or trustee of the estate 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 the property or who
is listed as having any interest in the subject property,
Ê and must state the filing of the petition, the object, and the time set
for hearing.
4. At the time appointed, or at any other time to which the
hearing may be continued, upon proof being made by affidavit or otherwise
to the satisfaction of the court that notice has been given as required
by this chapter, the court shall proceed to hear the testimony in support
of the petition. Each witness who appears and is sworn shall testify
orally.
5. The court shall make findings as to the appropriateness of the
lien and the amount of the lien.
6. At the time of the filing of the petition for imposition of a
lien, the Director shall file a notice of pendency of the action in the
manner provided in NRS 14.010 .
7. Upon imposition of the lien by the court, the Director shall
serve the notice of lien upon the owner by certified or registered mail
and file it with the office of the county recorder of each county 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 for identification.
9. If the amount due as stated in the notice of lien is reduced by
a payment, the Director shall amend the notice of lien, stating the
amount then due, within 20 days after receiving the payment.
(Added to NRS by 1995, 2570; A 1997, 1247; 2003, 877 )
The Director of the Department
of Health 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 and Human Services as a result of the payment of benefits for
Medicaid by action in the 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
As used in NRS 108.880 to 108.896 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 108.881 to 108.885
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2001, 1228 )
“Cash” means coin or currency of the
United States. The term does not include a check or money order.
(Added to NRS by 2001, 1228 )
“Farm product” includes every
agricultural, horticultural, viticultural or vegetable product grown and
harvested in this state. The term does not include timber or a timber
product.
(Added to NRS by 2001, 1228 )
“Processed farm
product” includes, without limitation, a farm product in a preserved,
manufactured or processed form.
(Added to NRS by 2001, 1228 )
1. “Processor” means a person who:
(a) Is engaged in the business of processing or manufacturing farm
products; and
(b) Solicits, buys, contracts to buy or otherwise takes title to,
or possession or control of, farm products from the producer for the
purposes of processing, manufacturing, selling, reselling or redelivering
the farm product.
2. The term does not include a retail merchant who:
(a) Has a fixed or established place of business in this state; and
(b) Does not sell at wholesale a farm product that is processed or
manufactured by him.
(Added to NRS by 2001, 1228 )
“Producer” means a person who is
engaged in the business of growing or producing a farm product in this
state.
(Added to NRS by 2001, 1228 )
1. In addition to all other rights and remedies which are provided
by law, a producer that delivers or sells a farm product which is grown
by him to a processor pursuant to a contract, express or implied, has a
lien for the labor, care and expense in growing and harvesting the farm
product upon:
(a) The farm product;
(b) The processed farm product derived from the farm product; and
(c) The proceeds of a sale of the farm product or the processed
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 extends to an
amount of the farm product, processed farm product or proceeds equal in
value to the agreed price or an agreed method for determining the price
for the farm product. For purposes of determining the extent of the lien,
the value of the farm product is the market value of the farm product on
the date of delivery of the farm product to the processor.
3. Any portion of the farm product, processed farm product or
proceeds in excess of the amount necessary to satisfy the total amount
owed to a producer pursuant to a contract is free of the lien provided by
this section.
(Added to NRS by 2001, 1228 )
1. Unless released by payment or by security which is given for
payment before attachment of a lien, the lien of a producer pursuant to
NRS 108.887 :
(a) Attaches on the date of delivery of the farm product by a
producer to a processor; and
(b) Is a preferred lien and superior to all other liens, claims or
encumbrances, except:
(1) Claims for wages and salaries for personal services and
labor which are rendered by a person to a processor in connection with
the processing of the farm product after the delivery of the farm product
to 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 deliveries of a farm
product attaches on the date of the last delivery.
(Added to NRS by 2001, 1229 )
1. To perfect the lien provided for in NRS 108.887 , a producer must, not later than 45 days after
the date on which the lien attaches pursuant to NRS 108.888 , file a notice of the lien in the Office of
the Secretary of State in the manner set forth in NRS 104.9516 and on a form prescribed and made available
by the Secretary of State.
2. A notice of lien that is filed pursuant to subsection 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 the contract between
the producer and the processor; and
(d) The total amount owed to the producer by the processor under
the terms of the contract, after deducting any applicable credits or
offsets.
3. Not later than 24 hours after filing a notice of lien pursuant
to this section, a producer shall send a copy of the notice of lien to
the processor by certified mail.
(Added to NRS by 2001, 1229 ; A 2003, 844 )
1. The lien provided for in NRS 108.887 applies to any farm product and any processed
farm product in the possession of the processor.
2. For the purposes of this section, a farm product or a processed
farm product deposited by a processor with a warehouse, whether or not
warehouse receipts are given as security to a lender, shall be deemed to
be in 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 value to a
processor.
(b) “New value” includes a new advance or loan, whether in money or
property, that is made by a lender to a processor. The term does not
include an:
(1) Extension or renewal of an existing obligation of the
processor; or
(2) Obligation that is substituted for an existing
obligation of the processor.
(Added to NRS by 2001, 1229 )
1. A lien on a farm product or processed farm product may be
released to the extent that the value of the claim upon the farm product
or processed farm product is secured by:
(a) A surety bond;
(b) A cash deposit; or
(c) Other security given and approved by a producer who holds a
lien.
2. A producer holding a lien may release a lien upon:
(a) Payment for the agreed amount or for the reasonable value of
the farm product that is sold or delivered; or
(b) Arrangements being made for payment of the agreed amount or for
the reasonable value of the farm product that is sold or delivered that
are satisfactory to the producer.
(Added to NRS by 2001, 1230 )
1. Subject to the approval of a producer holding a lien, a
processor may obtain a release of the lien by:
(a) Paying the agreed or actual value of any farm product that is
delivered to or purchased by the processor within 20 days after the date
of delivery of the farm product, unless the date of payment is otherwise
agreed upon in writing or payment is secured by an instrument or
arrangement other than the lien.
(b) Obtaining a surety bond which is executed by the processor as
the principal and by a surety company which is authorized to do business
in this state as a surety in an amount equal to the current market value
of the farm product or processed farm product that the processor intends
to dispose of or sell. The bond must be conditioned that if the processor
fails to make payments to producers for the lawful claims of all
producers whose liens have been released by the bond in an amount equal
to or greater than the amount of the bond within 35 days after the date
of the bond, the surety will be liable to and shall pay the claimants all
lawful claims that may be covered by the amount of the bond and the costs
of suit if an action is filed on the bond.
(c) Depositing cash with a financial institution in this state in
an amount that is set apart by an instrument in writing which is signed
by the processor for the purpose of guaranteeing, to the extent of the
amount deposited, the payment of all existing claims of producers whose
liens are released by the deposit within 35 days after the date of the
deposit. The financial institution where a deposit is made pursuant to
this paragraph must be named as the trustee in the instrument to carry
out the provisions of the instrument.
(d) Designating, setting apart and depositing a quantity of a
nonproprietary processed farm product in a public warehouse, and
endorsing over and delivering the warehouse receipt to the producer for a
quantity of nonproprietary processed farm products in an amount that is
satisfactory to the producer for the purpose of guaranteeing, to the
extent of the value of the deposit, payment of the existing claims of
producers and labor claimants whose liens are released by the deposit
within 35 days after the date of the deposit.
(e) Securing a release after payment in full for the farm products.
2. If a processor has paid all lawful claims of the producers in
compliance with this section, a processor may sell, transport or
otherwise dispose of any farm product for which the lien has been
released.
3. If a bond, cash deposit, warehouse deposit or other security is
given by a processor pursuant to this section, the processor may sell,
transport or otherwise dispose of an amount of the farm product or
processed farm product not exceeding the current market value represented
by the bond, cash deposit, warehouse deposit or other security given by
the processor.
4. For the purposes of this section, the current market value of a
farm product or processed farm product may be based upon quotations from
the Federal-State Market News Service or a similar source agreed to in
writing by the parties to be determined, as appropriate, on the date:
(a) Of the bond;
(b) Of the deposit; or
(c) Other security is given.
(Added to NRS by 2001, 1230 )
1. In an action commenced by a lien claimant, a defendant
processor may file a surety bond with the court in which the action is
pending in an amount that is sufficient to cover the demand of the
complaint of the plaintiff producer, including attorneys’ fees and costs.
2. Upon the filing of the bond described in subsection 1, the
court, in its discretion, may order the release of a portion of the farm
product or processed farm product upon which the lien of the plaintiff
producer has attached.
3. A processor may move the court for a hearing to introduce
evidence to the court to demonstrate that he has sufficient security or
money on deposit to protect the lien or other rights of the plaintiff
producer.
4. Upon proof of sufficient security, the court may order the
release of a portion or the whole of a farm product upon which the lien
of the plaintiff producer is attached and deny the plaintiff any recovery
in 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 to
subsection 4.
(Added to NRS by 2001, 1231 )
1. The judgment, if any, obtained by a plaintiff in a personal
action against a processor to obtain payment for farm products does not
impair or merge the lien rights or claims that are held by a plaintiff.
2. Any money collected from a personal judgment must be credited
against the amount of the lien or claim in an action that is brought to
enforce the lien or claim.
(Added to NRS by 2001, 1231 )
1. The plaintiff in an action that is commenced to foreclose a
lien provided for in NRS 108.887 may
obtain a preliminary injunction against the processor to restrain the
processor from removing a processed farm product in his possession or
under his control and upon which valid liens exist beyond the
jurisdiction of the court to the injury of the plaintiff.
2. A presumption of irreparable harm to a plaintiff producer
arises when a processor removes or prepares to remove a farm product or
processed farm product in his possession or under his control and upon
which valid liens exist beyond the jurisdiction of the court.
(Added to NRS by 2001, 1231 )
1. All actions commenced by a producer or producers against a
processor for the foreclosure of liens or other security provided for in
NRS 108.880 to 108.896 , inclusive, may be consolidated by the court
and all persons that are necessary to a determination of the action may
be made parties to the action.
2. All claims in an action in relation to an obligation 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 to foreclose a lien
must state the exact amount due on the judgment from the defendant
processor.
4. If in a court proceeding to foreclose a lien, the court finds
that there is no cash, bond, deposit or other security for the payment of
the claims of producers, the judgment of foreclosure must be against a
sufficient quantity in value of farm products or processed farm products
in the possession or under the control of the defendant processor as may
be necessary to satisfy the claim or judgment.
(Added to NRS by 2001, 1232 )
