Mechanics lien in Nevada is a legal tool that contractors, subcontractors, suppliers, and other construction professionals can use to secure payment for the work, materials, or services they provide on a construction project. Understanding who is eligible to file a mechanics lien is critical for anyone working in the construction industry in Nevada. This article will explore who can file a mechanics lien under Nevada law, and how these individuals and entities are protected.

What Types of Projects Are Covered Under Nevada Mechanics Lien Law?

The Nevada Mechanics Lien Law applies to a wide variety of construction projects, whether residential, commercial, or industrial in nature. This includes:

• Residential Projects: Homes, apartments, and any other residential construction or remodeling.
• Commercial Projects: Office buildings, retail stores, and other commercial structures.
• Industrial Projects: Factories, warehouses, and manufacturing facilities.

If a contractor, subcontractor, supplier, or other worker contributes labor, materials, or services to improve a property in Nevada, they may be eligible to file a mechanics lien, as long as they follow the proper legal procedures.

Can General Contractors File a Mechanics Lien in Nevada?

Yes, general contractors in Nevada are eligible to file a mechanics lien if they are not paid for the work they have done or the materials they have provided. General contractors are typically the main party responsible for overseeing the construction project, and they have a direct relationship with the property owner. If payment is not made for completed work, the general contractor can file a lien to secure their payment.

However, just like any other party filing a lien, general contractors must follow specific requirements, such as giving the property owner a preliminary notice and filing the lien within the required timeframe.

Can Subcontractors File a Mechanics Lien?

Yes, subcontractors can file a mechanics lien in Nevada. Subcontractors are hired by general contractors or other primary contractors to complete specific tasks within a larger project. If a subcontractor is not paid for their labor, materials, or services, they have the right to file a lien against the property they worked on.

However, subcontractors must take care to provide a Nevada Preliminary Notice within a specified time frame, typically within 20 days of starting work or providing materials. This is necessary to protect their right to file a lien if payment issues arise. Failure to provide the Preliminary Notice could result in the subcontractor being ineligible to file a lien.

Can Material Suppliers File a Mechanics Lien?

Yes, material suppliers are also eligible to file a mechanics lien in Nevada. Suppliers of building materials, equipment, or other goods used in the construction or renovation of a property have the right to file a lien if they are not paid. This includes suppliers of raw materials like concrete, lumber, or steel, as well as those providing finished products like windows, doors, or flooring.

Material suppliers are often essential to the construction process, and their ability to file a mechanics lien provides legal protection when payment issues arise. As with contractors and subcontractors, material suppliers must adhere to specific legal requirements, such as sending a Preliminary Notice and filing the lien within the appropriate time period.

Can Equipment Rental Companies File a Mechanics Lien?

Yes, equipment rental companies can file a mechanics lien in Nevada if they are not paid for the rental of equipment used in a construction project. This includes rental of cranes, bulldozers, scaffolding, and other construction machinery. If the equipment rental company is not paid for the use of their equipment, they can file a mechanics lien Nevada against the property involved in the project.

As with other parties involved in construction, equipment rental companies must follow the necessary steps, such as serving a Preliminary Notice and ensuring the lien is filed within the legal timeframe, to protect their ability to recover payment.

Can Architects and Engineers File a Mechanics Lien in Nevada?

Yes, architects and engineers in Nevada can file a mechanics lien, though their eligibility may depend on their role and the services they provide to the project. If an architect or engineer’s work was essential to the completion of the construction project and they are not paid, they can file a lien for their unpaid fees. However, the lien would typically apply to the portion of the project related to their work, such as architectural plans, engineering designs, or other consulting services.

It is important to note that architects and engineers must ensure they meet the necessary requirements for filing a mechanics lien, such as providing a Preliminary Notice and filing the lien within the legally established time frame.

Can Laborers File a Mechanics Lien?

Yes, laborers can file a mechanics lien in Nevada if they have not been paid for the work they performed on a construction project. Laborers are typically workers who perform manual tasks like digging, carpentry, plumbing, or electrical work. If a laborer is employed by a contractor or subcontractor and has not received payment, they have the right to file a lien for the wages owed to them.

As with subcontractors and suppliers, laborers must follow the proper legal procedures to ensure they are eligible to file a notice of right to lien Nevada, including serving a Preliminary Notice and meeting deadlines for filing the lien.

How Does a Mechanics Lien Protect Contractors and Suppliers?

A Nevada mechanics lien provides essential protection for contractors, subcontractors, suppliers, and laborers who contribute to a construction project. It essentially allows these parties to place a legal claim on the property for the unpaid amounts they are owed, giving them a right to seek payment through a property sale if necessary.

Here’s how a mechanics lien can protect contractors and suppliers:

• Leverage for Payment: The mechanics lien serves as leverage for contractors and suppliers to ensure that they get paid. Property owners are less likely to let a project proceed with an outstanding lien, as it can affect the property’s title and make it harder to sell or refinance.
• Legal Rights: Filing a mechanics lien gives contractors and suppliers legal standing to seek payment through the courts if the property owner refuses to pay. This can include forcing a sale of the property to satisfy the lien.
• Financial Security: A lien ensures that contractors, suppliers, and laborers can secure payment for their work and materials, making it a vital tool for maintaining their financial stability and business operations.
• Protection Against Non-Payment: In the event that a general contractor or property owner defaults on payment, the lien helps contractors and suppliers protect their financial interests, ensuring they can recover what they are owed.

Conclusion

The Nevada Mechanics Lien Law offers protection to a wide range of construction professionals, including general contractors, subcontractors, material suppliers, equipment rental companies, architects, engineers, and laborers. By filing a mechanics lien, these parties can secure payment for their services, materials, and labor on a construction project. However, it’s crucial to follow the proper steps, including serving a Preliminary Notice and filing the lien within the required timeframes, to ensure the lien is valid.

By understanding who can file a mechanics lien and how the process works, contractors and suppliers in Nevada can protect themselves from non-payment and maintain their financial security.

At CRM Lien Services, we have been serving customers nationwide with required reference documentation for lien claims since 1986. We assist property owners in navigating the mechanics’ lien process, informing them about their rights and responsibilities, including providing notices, securing payment, and releasing mechanic’s liens.

We have a wealth of expertise, are licensed and insured, and have a team of highly knowledgeable document processors. If you’re looking for a straightforward process for filing a mechanics lien, give us a call or shoot us an email.

We would love to work with you and help you lower your risk and get paid fast!