Title 9

NRS 108.22112 “Commencement of construction” defined. “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 b…

NRS 108.22116 “Completion of the work of improvement” defined. “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 …

NRS 108.22118 “Construction control” defined. “Construction control” has the meaning ascribed to it in NRS 627.050. (Added to NRS by 2005, 1893)

NRS 108.2212 “Contract” defined. “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)

NRS 108.22124 “Equipment” defined. “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, 25…

NRS 108.22128 “Improvement” defined. “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,…

NRS 108.22132 “Lien” defined. “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 N…

NRS 108.22136 “Lienable amount” defined. “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)

NRS 108.2214 “Lien claimant” defined. “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…

NRS 108.22144 “Material” defined. “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. (…

NRS 108.22146 “Notice of lien” defined. “Notice of lien” means a notice recorded pursuant to NRS 108.226 to perfect a lien. (Added to NRS by 2003, 2589)—(Substituted in revision for NRS 108.22152)

NRS 108.22148 “Owner” defined. 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 the record owner or owners and is recorded in the office of the c…

NRS 108.22156 “Prevailing lien claimant” defined. “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)

NRS 108.2216 “Prime contract” defined. “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)

NRS 108.22164 “Prime contractor” defined. “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 imp…

NRS 108.22168 “Principal” defined. “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)

NRS 108.22172 “Property” defined. “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…

NRS 108.22176 “Surety” defined. “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 108.2218 “Surety bond” defined. “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)

NRS 108.22184 “Work” defined. “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 wor…

NRS 108.22188 “Work of improvement” defined. “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 i…

NRS 108.222 Lien on property, improvements and construction disbursement account; amount of lien; lien not available to unlicensed contractor or professional who must be licensed to perform work. 1. Except as otherwise provided in subsection 2, a lien claimant has a lien upon the…

NRS 108.225 Priority of liens. 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, mort…

NRS 108.226 Perfection of lien: Time for recording notice of lien; contents of notice of lien; verification; penalty for certain false statements; form for notice of lien; notice of intent to lien required under certain circumstances. 1. To perfect a lien, a lien claimant must re…

NRS 108.227 Service of copy of notice of lien. 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 deliveri…

NRS 108.2275 Frivolous or excessive notice of lien: Motion; hearing; consequences of failure to appear; effect on action to foreclose; order; appeal; recording of certified copy of order releasing or reducing notice of lien. 1. The debtor of the lien claimant or a party in intere…

NRS 108.228 Notice of completion: Recording; contents; verification; delivery of copy to each prime contractor and potential lien claimant; effect of failure to deliver copy to prime contractor or lien claimant. 1. The owner may record a notice of completion after the completion …

NRS 108.229 Recording and service of amended notice of lien; variances; errors or mistakes do not defeat lien; exceptions; amendments; substitution of defendants; sufficiency of notice of lien. 1. At any time before or during the trial of any action to foreclose a lien, a lien cl…

NRS 108.231 Notice of lien against two or more separate buildings or mining claims: Designation of amount due on each; effect of failure to designate amount due on each. 1. In every case in which a notice of lien is recorded against two or more separate buildings or mining claims…

NRS 108.232 Notice of lien to be recorded; fees of recorder. 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 the county recorder for that purpose, which record must be indexed as deeds and o…

NRS 108.233 Duration of lien. 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 c…

NRS 108.234 Recording of notice of nonresponsibility by disinterested owner; contents and validity of notice of nonresponsibility; service of notice of nonresponsibility upon lessee and prime contractor; prime contractor’s obligations upon receipt of notice of nonresponsibility; …

NRS 108.235 Amount recoverable by prime contractor; payment of all liens by prime contractor; defense of action on notice of lien; withholding or deduction of money by owner. 1. A prime contractor: (a) Upon a notice of lien, may recover the lienable amount as may be due, plus all…

NRS 108.236 Court must declare rank of lien claimants or class of lien claimants; application of proceeds. 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 claiman…

NRS 108.237 Award of lienable amount, cost of preparing and recording notice of lien, costs of proceedings and representation and other amounts to prevailing lien claimant; calculation of interest; award of costs and attorney’s fees when lien claim not upheld. 1. The court shall …

NRS 108.238 Right to maintain civil action or submit controversy to arbitration not impaired. 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 f…

NRS 108.239 Action to enforce notice of lien: Complaint; required notices; joinder of persons holding or claiming notice of lien; consolidation of actions; hearing and judgment; preferential trial setting; binding arbitration; sale of property. 1. A notice of lien may be enforced…

NRS 108.2403 Lessee to record notice of posted security and either establish construction disbursement account or record surety bond before beginning work of improvement; contents of notice of posted security and service thereof; effect of failure to comply with requirements; rig…

NRS 108.2405 Inapplicability of NRS 108.2403 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 700,000…

NRS 108.2407 Lien claimant has lien upon funds in construction disbursement account; disbursement of funds from construction disbursement account; lien claimant may notify construction control of claim of lien; construction control to pay legitimate claim of lien; interpleader; l…

NRS 108.2413 Release of lien rights or notice of lien by posting surety bond. 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…

NRS 108.2415 Form of surety bond posted to release lien; form of surety bond posted to release all prospective and existing lien rights; recording of surety bond; service; effect of failure of service; effect of recording and service of surety bond. 1. To obtain the release of a …

NRS 108.2421 Action against principal and surety on surety bond and debtor: Action before or after surety bond is recorded; time within which to commence action; preferential trial setting; expert witnesses; amount of award to prevailing lien claimant. 1. The lien claimant is ent…

NRS 108.2423 Enforcement of liability of principal and surety. 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 d…

NRS 108.2425 Exception to sufficiency of surety or surety bond; order to require additional security or change, substitute or add securities or for other relief; court may order principal to obtain additional security or to change or substitute securities if amount of surety bond…

NRS 108.243 Assignment of lien. 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 own…