Monthly Archives: February 2014

Filing a Claim of Lien in Nevada: What You Need to Know

Is your Nevada-based construction business needing to file a Claim of Lien? If so, it’s important to be aware of and understand the provisions included in the Nevada Lien Law. Many businesses often overlook small but critical components which are required by the Nevada State Statute for filing a Claim of Lien. As a result, they find their efforts compromised and their lien rights unenforceable.

Keeping current with Nevada’s Lien Law is important to the success of your Claim of Lien. A specialized Lien Service provider, such as CRM Lien Services, can help you navigate the processing details and take all of the steps required for the filing a valid Claim of Lien. We receive questions daily regarding the Nevada Lien Law and would like to present a few facts you may benefit from, prior to filing your Nevada Claim of Lien.

Under the Nevada Lien Law, Lien Rights are granted to all who participate in the improvement to real property.

When it comes to who has the right to file a Claim of Lien in Nevada, Nevada’s laws are more comprehensive than most states. According to the provisions detailed in the law, any party providing labor and/or materials valuing over $500 has the right to file a Claim of Lien. This includes contractors, subcontractors, suppliers, architects, surveyors, engineers, geologists, and even consultants.

Under the law, however, suppliers only have lien rights if the provided materials are actually used for the project. Additionally, if the claimant is required to be licensed in the state of Nevada for the work he or she performs, a Claim of Lien can only be filed if the claimant is properly licensed.

Notice of Right to Lien is Required

A Notice of Right to Lien must be properly served on the property owner AND general contractor within 31 days from the date that labor and/or materials are first provided. It’s important to note that all project participants must send this notice; the only parties exempt from this provision are those in direct contract with the property owner.

CONCERNING RESIDENTIAL PROJECTS IN NEVADA: Residential projects differ somewhat from commercial projects in Nevada. In addition to sending a Notice of Right to Lien within the first 31 days of providing labor and/or material, a Notice of Intent to Lien must be sent to the property owner 15 days prior to filing a Claim of Lien. This serves to extend the lien filing period by 15 days.

A Nevada Claim of Lien Must Be Filed in 90 Days

The Claim of Lien must be filed with the county recorder within 90 days of the project’s completion/termination or within 90 days of the date the claimant last provided labor and/or materials. It’s important to note, however, that if a Notice of Completion is filed, the claimant only has 40 days from the filing of the Notice of Completion to file a Claim of Lien (as opposed to the general 90-day rule).

A Copy of the Claim of Lien Must Be Provided to the Property Owner and General Contractor

The state of Nevada requires claimants to provide the property owner and general contractor with copies of the Claim of Lien in addition to recording it with the county recorder. Under the law, claimants are required to send a copy to both the property owner and general contractor via certified mail with a return receipt requested within 30 days from the date the Claim of Lien was filed.

Don’t risk your Lien Rights by trying to navigate the laws on your own – hire a Notice of Right to Lien and Claim of Lien Service to prepare and serve your Nevada Notices of Right to Lien and Claims of Lien. Here at CRM, we make it a point to familiarize ourselves with the Nevada Lien Law and seek legal counsel from Nevada attorneys as needed to ensure the proper upholding of the law.

CRM Lien Services will thoroughly research and verify all of the information included in your Notice of Right to Lien and Claim of Lien so your Lien Rights are fully protected. We stay current with the changes to the Nevada Lien Law so your notices are prepared according to the latest statutes.

If you’d like to request a proposal for our services, click here.

Uncovering the Oregon Lien Law

Do you need help filing a Claim of Lien in the state of Oregon? Are you unsure if a Notice of Right to Lien is required? If you have questions concerning Oregon’s Lien Law, you’ve come to the right place. As an Oregon Lien Service provider, we make it a point to be very familiar with Oregon’s Lien Law and follow them exactly as they are written. Oregon’s Lien Law is very explicit, and if your business plans to regain unpaid funds through a Claim of Lien, you will need to understand how to make best use of the Oregon’s Lien Law.

The Oregon Lien Laws have many conditions to consider before preparing and serving your Claim of Lien. Below are four critical concepts to keep in mind as you begin the Claim of Lien process:

Eligibility Requirements for Filing a Claim of Lien are Very Specific

Unlike other states that may be more liberal concerning who may file a Claim of Lien, Oregon’s Lien Law has specific eligibility requirements. According to § 87.010, those who may file a Claim of Lien include:

“1) Any person performing labor upon, transporting or furnishing any material to be used in, or renting equipment used in the construction of any improvement to real property;

2) Any person who engages in or rents equipment for the preparation of a lot or parcel of land, or improves or rents equipment for the improvement of a street or road adjoining a lot or parcel of land at the request of the owner of the lot or parcel;

3) Trustees of an employee benefit plan;

4) An architect, landscape architect, land surveyor or registered engineer who, at the request of the owner or an agent of the owner, prepares plans, drawings or specifications that are intended for use in or to facilitate the construction of an improvement or who supervises the construction.”

A Notice of Right to Lien Must be delivered within 8 Days of Furnishing Labor or Materials

Oregon allows a very limited period for serving your Notice of Right to Lien. According to the law, anyone furnishing labor and/or materials to the project who is not in direct contract with the property owner must prepare and deliver a Notice of Right to Lien within 8 days of first furnishing the labor and materials required for the project. The notice must be delivered via certified mail to both the property owner and the lender (if applicable); if not, Lien Rights may be lost. If you have complied with this condition and need to advance the lien process, then:

A formal Claim of Lien Must be Filed and Served, within 75 Days of the Project’s Completion or Last Furnishing Date

If the claimant has served a Notice of Right to Lien to the property owner and lender, he or she can file a Claim of Lien. The deadline to file a Claim of Lien in Oregon is the earlier of the two: 75 days of the last date materials and/or labor were furnished for the project OR 75 days after the completion of the project. Keep in mind that if your Claim of Lien is filed too early, your claim could be invalid. Wait until your project has either completed or all of the materials and/or labor have been furnished.

No lien created under ORS 87.010 shall bind any improvement for a longer period than 120 days.

From the day that you prepare, record, and serve your lien, you have 120 days to take action. On the 121st day the lien becomes invalid and must be removed with prejudice. Failure to begin a lawsuit within the 120-day window is a sure way to loose all of the security you have been granted by the recorded lien. Do not wait very long after filing your lien to get your attorney involved.

These are just a few key provisions included in the Oregon Lien Law. There are hundreds more that are just as important to the success of your Claim of Lien. Do not risk your Lien Rights by trying to navigate the laws on your own – hire a Notice of Right to Lien and Claim of Lien Service to prepare and serve your Oregon Notices of Right to Lien and Claims of Lien.

CRM Lien Services will thoroughly research and verify all of the information included in your Notice of Right to Lien and Claim of Lien so your Lien Rights are fully protected. We stay current with the changes to the Oregon Lien Law so your notices are prepared according to the latest statutes.

If you’d like to request a proposal for our services, click here.