The state of Nevada has a very specific mechanic’s lien process compared to other states in the nation. What is a mechanic’s lien? Well, when you’re a contractor, subcontractor, or even a material supplier, then you’ll want to ensure that you get paid in the event that your job has to terminate early, or that the customer doesn’t want to pay. Therefore, there are laws in place to protect these individuals that allow them to file a lien to get their money when they want it. Sometimes they are able to do this themselves, but other contractors may want to use a qualified service that can ensure that things are done right.
Different Laws in Nevada
Since this state is so unique, according to the Lien Litigation law that was made in 2012 in the state, it’s important that users know what they need to follow and what special requirements are needed to be met for being able to not only file, but also enforce your mechanics lien. This claim is necessary for literally any supplier to get ensure that they get paid, or if they’re doing commercial or residential construction projects of any kind.
Licenses and Qualifications
First off, the state of Nevada requires that all parties involved in a construction project that are going to file a mechanics lien claim is qualified professionally for the job that they’re performing. This means that each and every one of them have to have the right contractor’s license, otherwise they will forfeit their right. If you’re an electrician (and not a plumber), but you are doing plumbing work and trying to file a lien claim under a plumber, but you’re not licensed to be one, then you can end up getting in a lot of trouble.
Filing a First Notice
You have to notify the customer with a “Notice of a Right to Lien”. Unless you’re the property owner, you have to provide this notice within the first 31 days of delivering the materials, or starting work. While there are some exceptions that don’t require this preliminary notice to notify that you’ll file a lien if you have to (that’s all a preliminary notice is typically for), you need to know what those exceptions are.
For example, a union benefit or someone trying to get unpaid wages if they simply worked on a project or did labor only (as compared to being a contractor themselves) don’t have to do this. They still need to be a licensed contractor. If there is a lien claim in which the client themselves are doing the work, then they may be exempt due to the actual notice clause. However, this can be potentially dangerous, because the timelines still have to be followed. And for residential products, the notice of lien needs to be served within 15 days before the mechanic’s lien can be filed, and the notice of lien has to be recorded within 90 days of the final date that the one who’s doing the claiming has finished working. See the confusion?
At BICA Net, there are true pros at handling all of the different laws and regulations in any state, and they’ve helped numerous customers and contractors secure their payment with lien services. If you need someone to handle everything, they’ll make sure that they get things done so you don’t have to worry about it, and all you have to worry about is your job.