Nrs Chapter 108 - Statutory Liens

NRS: CHAPTER 108 - STATUTORY LIENS
[Rev. 12/21/2019 10:27:57

AM--2019]
CHAPTER 108 - STATUTORY LIENS
MECHANICS’ AND MATERIALMEN’S LIENS

NRS 108.221 Definitions.
NRS 108.22104 “Agent
of the owner” defined.
NRS 108.22108 “Building”
defined.
NRS 108.22112 “Commencement
of construction” defined.
NRS 108.22116 “Completion
of the work of improvement” defined.
NRS 108.22118 “Construction
control” defined.
NRS 108.2212 “Contract”
defined.
NRS 108.22124 “Equipment”
defined.
NRS 108.22128 “Improvement”
defined.
NRS 108.22132 “Lien”
defined.
NRS 108.22136 “Lienable
amount” defined.
NRS 108.2214 “Lien
claimant” defined.
NRS 108.22144 “Material”
defined.
NRS 108.22146 “Notice
of lien” defined.
NRS 108.22148 “Owner”
defined.
NRS 108.22156 “Prevailing
lien claimant” defined.
NRS 108.2216 “Prime
contract” defined.
NRS 108.22164 “Prime
contractor” defined.
NRS 108.22168 “Principal”
defined.
NRS 108.22172 “Property”
defined.
NRS 108.22176 “Surety”
defined.
NRS 108.2218 “Surety
bond” defined.
NRS 108.22184 “Work”
defined.
NRS 108.22188 “Work
of improvement” defined.
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.
NRS 108.225 Priority
of liens.
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.
NRS 108.227 Service
of copy of notice of lien.
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.
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.
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.
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.
NRS 108.232 Notice
of lien to be recorded; fees of recorder.
NRS 108.233 Duration
of lien.
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; effect of owner’s failure to comply with provisions of this
section.
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.
NRS 108.236 Court
must declare rank of lien claimants or class of lien claimants; application of
proceeds.
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.
NRS 108.238 Right
to maintain civil action or submit controversy to arbitration not impaired.
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.
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; rights and remedies additional.
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.
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; liability of construction control.
NRS 108.2413 Release
of lien rights or notice of lien by posting surety bond.
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.
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.
NRS 108.2423 Enforcement
of liability of principal and surety.
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 insufficient; surety to remain liable on surety bond
regardless of payment of premium.
https://www.leg.state.nv.us/NRS/NRS-108.html[1/20/2020 5:38:16 PM]

NRS 108.243 Assignment
of lien.
NRS 108.2433 Discharge
of notice of lien: Marginal entries; discharge or release must be recorded if
notice of lien recorded by photographic
process; presentation by lien claimant
or lien claimant’s personal representative or assignee.
NRS 108.2437 Discharge
of notice of lien: Recording by lien claimant; form; liability for failure to
record.
NRS 108.244 Limitation
on filing complaint for foreclosure of notice of lien.
NRS 108.245 Notice
of right to lien: Form; service; effect.
NRS 108.2453 Waiver
or modification of right, obligation or liability set forth in NRS 108.221 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.
NRS 108.2457 Term
of contract that attempts to waive or impair lien rights of contractor,
subcontractor or supplier void; requirements for
enforceability of waiver or
release of rights of lien claimant; effect of payment in form of two-party
joint check; forms.
NRS 108.246 Prime
contractor to advise owner of content of NRS 108.245;
copy to be provided to each subcontractor; failure to comply with
requirements
constitutes ground for disciplinary action against prime contractor.
LIENS OF FOUNDRYMEN, BOILERMAKERS AND OTHERS

NRS 108.249 Lien
on mill, manufactory or hoisting works.
EXTINGUISHMENT OF LIEN ON REAL PROPERTY CREATED BY ATTACHMENT;

EXPIRATION OF NOTICE OF PENDENCY
OF ACTION
NRS 108.250 Extinguishment
of lien on real property created by levy of attachment.
NRS 108.260 Expiration
of effective notice of pendency of action.
LIENS FOR STORAGE, MAINTENANCE, KEEPING OR REPAIR OF VEHICLES,

MOBILE HOMES, MANUFACTURED HOMES,
RECREATIONAL VEHICLES, TRAILERS OR AIRCRAFT
NRS 108.266 “Landlord”
defined.
NRS 108.267 “Legal
owner” defined.
NRS 108.2671 “Manufactured
home” defined.
NRS 108.2673 “Mobile
home” defined.
home lot” defined.
home park” defined.
NRS 108.26775 “Recreational
vehicle” defined.
NRS 108.2678 “Recreational
vehicle park” defined.
NRS 108.2679 “Registered
owner” defined.
NRS 108.26795 “Trailer”
defined.
NRS 108.26797 Department
of Motor Vehicles: Adoption of regulations to ensure compliance with laws
relating to processing of liens.
NRS 108.268 Legal
owner of aircraft.
NRS 108.270 Lien
for labor, materials, storage or services; detention of vehicle, trailer,
recreational vehicle, mobile home, manufactured home,
aircraft, equipment or
parts.
NRS 108.272 Notice.
NRS 108.2723 Liens
on abandoned recreational vehicles: Notice.
NRS 108.2725 Liens
on mobile homes and manufactured homes: Additional requirements for notice.
NRS 108.273 Liens
on mobile homes and manufactured homes: Forms of notices to be provided by
Housing Division; use of forms.
NRS 108.2735 Liens
on mobile homes and manufactured homes: Expiration.
NRS 108.274 Liens
on aircraft: Statement of amount by claimant.
NRS 108.276 Liens
on aircraft: Redelivery of property upon posting of bond.
NRS 108.278 Liens
on aircraft: Application for redelivery of property or release of bond;
hearing.
NRS 108.280 Lienholder’s
right not lost when vehicle, aircraft, trailer, recreational vehicle, mobile or
manufactured home or equipment
removed from lienholder’s control.
NRS 108.290 Priority
of lien; limitation on lien of landlord.
NRS 108.300 Lien
does not deprive claimant of other legal remedies; liability of insurance
company for cost of repair and towing of vehicle upon
notice.
NRS 108.310 Satisfaction
of lien; sale by auction; disposition of proceeds.
NRS 108.315 Enforcement
of lien for unpaid rent or utilities by landlord.
NRS 108.320 Payment
of lien and expenses before sale or certificate of title is issued; delivery of
property.
NRS 108.330 Remedy
for enforcing lien does not preclude other remedies.
NRS 108.340 Liability
of claimant for failure to redeliver.
NRS 108.350 Validity
of lien may be contested; liability of claimant after sale.
NRS 108.355 Contesting
validity of lien on mobile home or manufactured home.
NRS 108.357 Administrative
fine for violation of NRS 108.265 to 108.367, inclusive, or related regulation; deposit of
fines; enforcement
proceedings.
NRS 108.360 Penalty
for incurring bill without authority or by misrepresentation.
NRS 108.365 Penalty
for committing certain acts involving motor vehicle.
NRS 108.367 Penalty
for violation of NRS 108.265 to 108.367, inclusive.
JEWELERS’ AND WATCHMAKERS’ LIENS

NRS 108.370 Lien
for work and material furnished: Notice; sale; application of proceeds;
lienholder may waive lien and sue for amount due.
COMMON CARRIERS AND DISPOSITION OF UNCLAIMED PROPERTY

NRS 108.380 Storage
of unclaimed freight by carriers and warehousemen.
NRS 108.390 Failure
of consignee to accept freight after notice releases carrier from further
liability.
NRS 108.400 Service
of notice.
NRS 108.410 Sale
of perishable freight to satisfy lien.
NRS 108.420 Sale
of unclaimed freight to pay charges: Notice; disposition of surplus; sales of
baggage.
NRS 108.430 Disposition
of unclaimed surplus.
BAILEES FOR HIRE OF PROPERTY IN

STORAGE
NRS 108.440 Right
of bailee to sell property on bailor’s failure to pay storage charges.
NRS 108.450 Notice
and advertisement of sale; redemption of property.
of proceeds of sale.
NRS 108.470 Provisions
not applicable to pawnbrokers or moneylenders.
LIENS OF OWNERS OF FACILITIES FOR STORAGE

NRS 108.4731 “Electronic
mail” defined.
NRS 108.4733 “Facility”
defined.
NRS 108.4734 “Last
known address” defined.
NRS 108.4735 “Occupant”
defined.
NRS 108.474 “Owner”
defined.
NRS 108.4743 “Personal
property” defined.
NRS 108.4744 “Protected
property” defined.
NRS 108.4745 “Rental
agreement” defined.
NRS 108.4746 “Storage
space” defined.
NRS 108.4748 “Verified
mail” defined.
NRS 108.475 Use
of storage space for residence prohibited; nature of facility; effect of
issuance of document of title for property.
NRS 108.4753 Lien
of owner of facility; priority of lien created by document of title.
NRS 108.4755 Contents
of rental agreement.
NRS 108.4757 Presumption
regarding maximum value of property stored.
NRS 108.4758 Late
fees.
NRS 108.476 Unpaid
charges: Denial of occupant’s access to storage space; termination of
occupant’s right to use storage space; notice;
imposition of lien.
NRS 108.4763 Owner’s
remedies upon nonpayment of charges; notice of sale; limit on earliest time for
sale; disposal of protected property.
NRS 108.4765 Occupant’s
declaration in opposition to sale.
NRS 108.477 Sale
of occupant’s property by owner: Advertisement; manner; distribution of
proceeds.
NRS 108.4773 Claim
of property subject to security interest.
of lien by person claiming interest in property.
NRS 108.478 Effect
of occupant’s execution of declaration in opposition to sale; effect of
occupant’s commencement of action; stay of
enforcement of a judgment pending
appeal.
NRS 108.4783 Purchaser
of property at sale to satisfy lien or enforce judgment takes free of any
party’s interest; exception for protected property
found in storage space.
LIEN OF PROPRIETOR OF HOTEL, MOTEL, LODGING HOUSE OR

BOARDINGHOUSE
NRS 108.480 Lien
on personal property; sale after 30 days after default.
NRS 108.490 Sale
of baggage or property left at hotel, motel, lodging house or boardinghouse.
NRS 108.500 Sales
at public auction: Notice; disposition of proceeds.
LIEN OF PROPRIETOR OF CHILD CARE ESTABLISHMENT

NRS 108.515 Lien
on baggage or property left at establishment; sale of baggage or property;
disposition of proceeds.
LIEN OF AGISTOR, FEEDER OR BREEDER

NRS 108.540 Lien
upon animals; priority; demand for payment; foreclosure; penalty for taking or
driving away animal.
NRS 108.550 Foreclosure
of lien; sale; disposition of proceeds.
of livestock in settlement of pasturage or feed bills: Appraisement; sale;
right of redemption.
NRS 108.570 Service
of stallion: Lien on mare and offspring; penalties.
LIENS ON ORE DELIVERED TO CUSTOM MILLS OR REDUCTION WORKS

NRS 108.580 Persons
selling ore to reduction works have preferred liens.
LIENS OF HOSPITALS
Lien on Judgment or Settlement

NRS 108.590 Extent
of lien; exception; lien in addition to lien on property.

NRS 108.600 Limitations
on extent of lien.
NRS 108.605 Notice
of intent to file lien required if hospital provides care to injured person
covered by contracted third-party insurer and
wishes to perfect lien;
collection efforts; actions required if judgment or settlement; failure to
comply; applicability.
NRS 108.610 Notice
of lien required: Recording and service.
NRS 108.620 Form
of notice.
NRS 108.640 Hospital
records: Examination; copying.
NRS 108.650 Payment
to injured person after notice of lien; liability and payment to hospital.
NRS 108.655 Limitation
on receipt of money under lien if injured person eligible for Medicaid,
Medicare, Children’s Health Insurance Program
or other public program.
of lien.

Liens on Real Property
NRS 108.662 Extent
of lien; notice of lien; amendment of notice; limitations.
NRS 108.665 Foreclosure:
Manner; limitations.
NRS 108.668 Release
of lien upon payment; demand by owner that hospital file suit to foreclose;
penalty for failure to release lien.
LIENS ON VESSELS
NRS 108.670 Extent
of lien; detention of vessel; priority of claims.
NRS 108.680 Right
of lienholder not lost when vessel removed from control; seizure without
process of law.
NRS 108.690 Amount
by which lien exceeds $1,000 is secondary to perfected security interest.
NRS 108.700 Lien
does not deprive lienholder of other remedy.
of lien: Notice; sale by auction; disposition of proceeds.
NRS 108.720 Payment
of lien and expenses before sale.
NRS 108.730 Remedy
for enforcing lien does not preclude other remedies.
NRS 108.740 Lawful
sale releases lienholder.
NRS 108.750 Validity
of lien may be contested; responsibility of lienholder to owner after sale to
third person.
NRS 108.760 Penalty
for incurring bill without authority or by misrepresentation.
LIENS FOR CLEANING, PRESSING,

GLAZING OR WASHING GARMENTS, CLOTHING, WEARING APPAREL OR
HOUSEHOLD GOODS
NRS 108.770 Lien
upon garments, clothing, wearing apparel or household goods for amount of
account due; lien to include value or agreed price
of materials furnished.
NRS 108.780 Liens
for work done and for storage by agreement; exemption of warehousemen.
NRS 108.790 Sales
by lienholders after notice.
NRS 108.800 Service
or posting of notice; disposition of proceeds of sale.
NRS 108.810 Waiver
of lien; action upon amount.
NRS 108.820 Notices
to be posted in business establishments.
FEDERAL LIEN REGISTRATION (UNIFORM ACT)

NRS 108.825 Short
title.
NRS 108.826 Applicability.
NRS 108.827 Federal
liens: Place of filing.
NRS 108.829 Execution
of notices and certificates.
NRS 108.831 Duties
of filing officer.
NRS 108.833 Fees.
NRS 108.837 Uniformity
of interpretation.
LIENS TO RECOVER BENEFITS PAID FOR MEDICAID

NRS 108.850 Petition
for lien.
NRS 108.860 Signing
and filing petition; notice; hearing; duty of Director of Department of Health
and Human Services to file notice of
pendency of action and to serve notice of
lien; contents of notice of lien; amendment of notice of lien.
of lien.
LIEN ON FARM PRODUCTS

NRS 108.881 “Cash”
defined.
NRS 108.882 “Farm
product” defined.
NRS 108.883 “Processed
farm product” defined.
NRS 108.884 “Processor”
defined.
NRS 108.885 “Producer”
defined.
NRS 108.887 Lien
of producer.
NRS 108.888 Attachment
of lien; priority of lien.
NRS 108.889 Notice
of lien.
NRS 108.890 Extent
of lien.
NRS 108.891 Release
of lien: Provision of security; payment or arrangement for payment.
NRS 108.892 Release
of lien: Additional methods; disposition of farm product.
NRS 108.893 Release
of farm product or processed farm product by court.
NRS 108.894 Effect
of judgment on lien.

NRS 108.895 Actions
to foreclose lien: Preliminary injunction.
NRS 108.896 Actions
to foreclose lien: Consolidation; equal standing of claims; judgment to state
exact amount due; judgments against
sufficient quantity in value of farm
products.
_________
MECHANICS’ AND MATERIALMEN’S LIENS
NRS 108.221 Definitions. 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)
NRS 108.22104 “Agent of the owner” defined. “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)
NRS 108.22108 “Building” defined. “Building”

means a primary building or other superstructure, together with all garages,
outbuildings
and other structures appurtenant thereto.
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.
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 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.
NRS 108.22118 “Construction control” defined. “Construction

control” has the meaning ascribed to it in NRS 627.050.
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.
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.
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, 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.
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 NRS by 2003, 2588; A 2005, 1897)
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.
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
limitation, every artisan, builder, potential claimant under NRS 608.150, 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; A 2007, 660; 2015, 1932;
2017, 1210)

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.
(Added to NRS by 2003, 2588; A 2005, 1897)
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 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)
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.
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 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)
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.
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 be required for the convenient use and occupation thereof.
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 108.2413 to 108.2425,
inclusive, that does not exceed the underwriting limitations established for
that
surety by the United States Department of the Treasury.
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
work is completed or partially completed.
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
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.
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 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 the owner’s
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 the
owner’s agent.
2. If a contractor or professional is
required to be licensed pursuant to the provisions of NRS to perform the work,
the contractor or
professional will only have a lien pursuant to subsection 1
if the contractor or professional is licensed to perform the work.
(Added to NRS by 1965, 1159; A 1987, 98; 1993, 2055; 1997, 2691; 2003, 2595; 2005, 1898)
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, 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)
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
record a 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 the lien
claimant was employed or to whom the lien claimant furnished the material or
equipment.
(d) A brief statement of the terms of payment of
the 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

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)
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 delivering a copy of the notice
of lien to the owner or registered agent of the owner;
(b) By mailing a copy of the notice of lien by
certified mail, return receipt requested, to the owner at the owner’s place of
residence or the
owner’s usual place of business or to the registered agent of
the owner at the address of the registered agent; or
(c) If the place of residence or business of the
owner and the address of the registered 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; 2007, 2716)
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 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)
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 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 the owner’s 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)
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 claimant may record an amended notice
of lien to correct or
clarify the lien claimant’s 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 the party’s
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 the party’s
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) That person or persons 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) That person or persons 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)
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 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 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 the notice of lien the amount due 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)
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 other
conveyances are required by law to be indexed, and
for which the county recorder 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)
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 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)
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; effect of owner’s
failure to comply with provisions of this section.
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 or she first obtains knowledge of the
construction, alteration or repair,
or the intended construction, alteration or
repair, gives notice that he or she 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 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 a notice of right to lien
was received, within 10 days after 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 the owner’s 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 an 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)
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 amounts that may be awarded 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 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 the prime contractor’s
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 the owner’s property which
is the
subject of the lien, the owner may deduct, from any amount due or to
become due 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)
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 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)
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 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)

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 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)
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 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 or her 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)
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; rights and remedies additional.
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 the
lessee 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 the prime contractor’s
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 the contract relating to the work of improvement and
the prime contractor and the prime
contractor’s 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 the lower-tiered
subcontractors and
suppliers incurred and profit the prime contractor and the
lower-tiered subcontractors and suppliers earned through the date of
termination;
(2) The balance of the profit the prime
contractor and the 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 the 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.
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 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. Such a
written notice of waiver may be
with respect to one or more works of improvement as described in the written
notice of waiver.
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 any prime contractor of the work
of improvement and all other lien claimants who 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; A 2011, 1141;
2019, 1371)
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; liability of construction
control.
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.

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.
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 the
construction control 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.
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; 1981, 31; 2003, 2610)
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 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 the 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 or she 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 or she
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 or she 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 or she
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 or her 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 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)
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 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 the
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 a 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)
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 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 appellate court of competent
jurisdiction pursuant to the
rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution.
(Added to NRS by 1981, 31; A 2003, 2613; 2013, 1746)

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 insufficient; surety
to remain liable on surety bond regardless of payment of premium.
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)
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 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 the assignee’s 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 the assignee’s
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)
NRS 108.2433 Discharge of notice of lien: Marginal entries; discharge or

release must be recorded if notice of lien recorded by
photographic process;
presentation by lien claimant or lien claimant’s personal representative or
assignee.
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 the lien claimant’s personal representative or
assignee in
the presence of the recorder or the recorder’s deputy,
acknowledging the satisfaction of or value received for the notice of lien and
the debt secured
thereby. The recorder or the 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 the recorder’s
deputy is presented with a certificate executed by the lien claimant or the
lien claimant’s personal
representative or assignee, specifying that the notice
of lien has been paid or otherwise satisfied or discharged, the recorder or the
deputy shall
discharge the notice of lien upon the record.
(Added to NRS by 1991, 1104; A 2003, 2615)
NRS 108.2437 Discharge of notice of lien: Recording by lien claimant; form;

liability for failure to record.
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 or her 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
this 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, the lien claimant is liable in a civil
action to the owner of the
property, his or her heirs or assigns for any actual
damages caused by the lien claimant’s 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)
NRS 108.244 Limitation on filing complaint for foreclosure of notice of

lien. A lien claimant or assignee
of a lien claimant or claimants
may not file a complaint for foreclosure of a
notice of lien or the assigned notice of lien or notices of lien until 30 days
have expired immediately
following the recording of a 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)
NRS 108.245 Notice of right to lien: Form; service; effect.

subsection 5, every lien claimant, other than one who performs only labor or is
a potential claimant under
NRS
608.150, 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 a 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 or she 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; 2015, 1932;
2017, 1210)
NRS 108.2453 Waiver or modification of right, obligation or liability set

forth in NRS 108.221 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)
NRS 108.2457 Term of contract that attempts to waive or impair lien rights of

contractor, subcontractor or supplier void;
requirements for enforceability of
waiver or release of rights of lien claimant; effect of payment in form of
two-party joint check; forms.
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 any lien rights
is
unenforceable unless the lien claimant:
(a) Executes and delivers a waiver and release
that is signed by the lien claimant or the lien claimant’s 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,
the recipient should verify evidence of payment to the undersigned. The
undersigned warrants that he or she either has already paid or will
use the
money received from this progress payment promptly to pay in full all 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:...............................................................................................................
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 the 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 or she either has
already paid or will use the money received from this progress payment promptly
to pay in full all 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:...............................................................................................................
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, the recipient should verify evidence of payment to the
undersigned. The undersigned warrants that he or she either has already
paid or
will use the money received from the final payment promptly to pay in full all
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:...............................................................................................................
Payment Amount:..........................................................................................................
Amount of Disputed Claims:........................................................................................

The undersigned has been paid
in full for all work, materials and equipment furnished to the 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 or she either has already
paid or will use the money received from
this final payment promptly to pay in
full all 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)
NRS 108.246 Prime contractor to advise owner of content of NRS

108.245; 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 the prime
contractor 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 the prime
contractor 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
NRS 108.249 Lien on mill, manufactory or hoisting works.

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
NRS 108.250 Extinguishment of lien on real property created by levy of attachment. 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]
NRS 108.260 Expiration of effective notice of pendency of action. 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
used in NRS 108.265 to 108.367,
defined
in NRS 108.266 to 108.26795,
(Added to NRS by 1991, 1716; A 1993, 2037; 2005, 1246)
NRS 108.266 “Landlord” defined. “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)
NRS 108.267 “Legal owner” defined. “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)
NRS 108.2671 “Manufactured home” defined. “Manufactured

home” has the meaning ascribed to it in NRS 489.113.

NRS 108.2673 “Mobile home” defined. “Mobile

home” has the meaning ascribed to it in NRS 489.120.
NRS 108.2675 “Mobile home lot” defined. “Mobile

home lot” has the meaning ascribed to “manufactured home lot” in NRS 118B.016.
(Added to NRS by 1991, 1716; A 2001, 1189)
NRS 108.2677 “Mobile home park” defined. “Mobile

home park” has the meaning ascribed to “manufactured home park” in NRS
118B.017.
(Added to NRS by 1991, 1716; A 2001, 1189)
NRS 108.26775 “Recreational vehicle” defined. “Recreational

vehicle” has the meaning ascribed to it in NRS 482.101.
NRS 108.2678 “Recreational vehicle park” defined. “Recreational

vehicle park” means a campground or other facility, any portion of
which is
rented or held out for rent to accommodate recreational vehicles.
NRS 108.2679 “Registered owner” defined. “Registered

owner” means:
1. A person whose name appears in the
files of the 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; 2017, 3603)
NRS 108.26795 “Trailer” defined. “Trailer”

means every vehicle defined in NRS
482.110, 482.125, 482.127 and 482.134.
NRS 108.26797 Department of Motor Vehicles: Adoption of regulations to ensure

compliance with laws relating to processing of
liens. 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.
NRS 108.268 Legal owner of aircraft. For

the purposes of this chapter, the person named in the federal aircraft
registration certificate shall
be deemed a legal owner of any aircraft.
NRS 108.270 Lien for labor, materials, storage or services; detention of

vehicle, trailer, recreational vehicle, mobile home,
manufactured home,
aircraft, equipment or parts. 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 the owner’s
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. 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 the owner’s 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. A person who owns private property on
which a recreational vehicle is abandoned has a lien upon the recreational
vehicle for the amount of
rent due for the use of the private property to store
the recreational vehicle and for the costs incurred in enforcing the lien.
5. Any person who is entitled to a lien as
provided in subsections 1 to 4, inclusive, 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 the person’s possession until the sum due is
paid.
6. As used in this section, “private
property” means any property not owned by a governmental entity or devoted to
public use.
[1:95:1943; A 1949, 358;
1943 NCL § 3779.01] — (NRS A 1961, 483; 1973, 1111; 1983, 1038; 1991, 1717; 1993, 2037; 1997, 2864; 2015,
1516)
NRS 108.272 Notice.
subsection 2 and NRS 108.2723, 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 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 or her place of business.
2. Any person who claims a lien on
aircraft, aircraft equipment or parts shall:
(a) Within 120 days after the person furnishes
supplies or services; or
(b) Within 7 days after the person 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 the owner’s 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. Except as otherwise provided in NRS 108.2723, 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; 2015, 1517;
2017, 3603)
NRS 108.2723 Liens on abandoned recreational vehicles: Notice.

1. An owner of private property where an
abandoned recreational vehicle is located who claims a lien on the abandoned
recreational vehicle
shall:
(a) If the abandoned recreational vehicle has a
serial number, vehicle identification number, registration number or other
means of identifying
any owner of the abandoned recreational vehicle, obtain
the last known address of the owner and provide the owner with notice of the
lien by
registered or certified letter to the last known address of the owner.
The owner of the property where the abandoned recreational vehicle is located
is
not required to send a registered or certified letter if an owner cannot be
located or if an address for an owner cannot be ascertained.
(b) Place a notice of the lien in a newspaper of
general circulation published in the county in which the abandoned recreational
vehicle is
located.
2. The notice of the lien 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 description of the abandoned recreational
vehicle and the location where the abandoned recreational vehicle was
discovered and provide
the serial number, vehicle identification number,
registration number or any other identifying information relating to the
abandoned recreational
vehicle.
stated in the notice, and of any further claim as may accrue, must be paid on
or before a date
mentioned.
(d) A statement that, if ownership is not claimed
and the abandoned recreational vehicle is not removed within 30 days after the
publication
date of the newspaper, the owner of the property where the
abandoned recreational vehicle is located will advertise the recreational
vehicle for sale
and sell the recreational vehicle by auction at a specified
time and place or apply for title to the recreational vehicle as prescribed in NRS 482.262.
3. The owner of the private property where
the abandoned recreational vehicle is located shall determine a day for the
purposes of the demand in
paragraph (c) of subsection 2. The day mentioned must
be:
(a) Not less than 30 days after delivery of the
letter pursuant to paragraph (a) of subsection 1, if any; and
(b) Not less than 30 days after publication of
the notice pursuant to paragraph (b) of subsection 1.
4. As used in this section, “private
property” has the meaning ascribed to it in NRS 108.270.
NRS 108.2725 Liens on mobile homes and manufactured homes: Additional

requirements for notice. 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.
NRS 108.273 Liens on mobile homes and manufactured homes: Forms of notices

to be provided by Housing Division; use of forms.
1. The 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 108.367,
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 Housing Division of
the Department of Business and Industry.
(Added to NRS by 1991, 1716; A 1993, 1506; 2017, 3604)
NRS 108.2735 Liens on mobile homes and manufactured homes: Expiration. A lien asserted against a mobile home or
manufactured
home expires 1 year after it is filed with the Housing Division of
the Department of Business and Industry.
(Added to NRS by 1991, 1717; A 1993, 1506; 2017, 3604)
NRS 108.274 Liens on aircraft: Statement of amount by claimant. 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.
NRS 108.276 Liens on aircraft: Redelivery of property upon posting of bond.

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.
NRS 108.278 Liens on aircraft: Application for redelivery of property or

release of bond; hearing.
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.
NRS 108.280 Lienholder’s right not lost when vehicle, aircraft, trailer,

recreational vehicle, mobile or manufactured home or
equipment removed from
lienholder’s control. 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)
NRS 108.290 Priority of lien; limitation on lien of landlord.

1. If property that is the subject of a
lien which is acquired as provided in NRS 108.270
to 108.367, 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
$2,500 or the total amount due and unpaid for rentals and utilities, whichever
is less.
[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; 2007, 97, 2333; 2015, 1518)
NRS 108.300 Lien does not deprive claimant of other legal remedies;

liability of insurance company for cost of repair and towing of
vehicle upon
notice.
1. The lien created in NRS 108.270 to 108.367,
inclusive, does not deprive the lien claimant of any remedy allowed by law to a
creditor
against a debtor for the collection of all charges and advances which
the lien claimant 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)
NRS 108.310 Satisfaction of lien; sale by auction; disposition of proceeds. Subject to the provisions of NRS 108.2723 and 108.315,
the
lien created in NRS 108.270 to 108.367, 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) 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
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,
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 the
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 the lien claimant 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; 2015, 1518;
2017, 3604)
NRS 108.315 Enforcement of lien for unpaid rent or utilities by landlord.

1. Any landlord who desires to enforce a
lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.367,
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 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:
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
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:
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 108.367, 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 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.
A 1967, 1482;
1969, 95; 1979, 1217; 1985, 1975; 1991, 1720; 1993, 235, 1507, 2040, 2043; 1995, 669; 1999,
3590; 2001, 2563; 2017, 3605)
NRS 108.320 Payment of lien and expenses before sale or certificate of title

is issued; delivery of property. At
any time before the
motor vehicle, aircraft, motorcycle, motor or aircraft
manufactured home is so
sold or before a certificate of title to an abandoned
recreational vehicle is issued pursuant to NRS 482.262, any person claiming a
right of property
or possession therein may pay the lien claimant the amount
necessary to satisfy the lien claimant’s 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 the person is 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;
2015, 1519)
NRS 108.330 Remedy for enforcing lien does not preclude other remedies. The remedy for enforcing the lien provided in NRS 108.270
to 108.367,
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;
2015, 1519)
NRS 108.340 Liability of claimant for failure to redeliver. After goods have been lawfully sold to satisfy
the lien created in NRS
108.270 to 108.367, 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)
NRS 108.350 Validity of lien may be contested; liability of claimant after

sale. Nothing contained in NRS 108.270 to 108.367,
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, 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; 2015, 1519)
NRS 108.355 Contesting validity of lien on mobile home or manufactured home.

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 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 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.
5. This section does not affect the rights
of a secured party pursuant to chapter 104
of NRS.
(Added to NRS by 1991, 1717; A 1993, 1508; 2009, 1926;
2017, 3606)
NRS 108.357 Administrative fine for violation of NRS

108.265 to 108.367, 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 108.367,
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 108.367, 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.
NRS 108.360 Penalty for incurring bill without authority or by

misrepresentation. Any person who
incurs a bill upon a motor vehicle,
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)
NRS 108.365 Penalty for committing certain acts involving motor vehicle. Any person is guilty of a gross misdemeanor
who
knowingly:
1. Makes or causes to be made a false
entry on any affidavit of lien sale or on any lien sale registration
certificate for a motor vehicle;
2. Makes or causes to be made a false
entry on a certificate of title as to ownership or any security interest that
may exist in a motor vehicle;
3. Fails to disclose any information which
would indicate that a vehicle sold or offered for sale is or should be
considered a salvage or
nonrepairable vehicle; or
4. Falsifies or causes to be falsified an
application or other document submitted to the Department of Motor Vehicles to
obtain:
(a) A certificate of title or ownership; or
(b) A salvage title or a certificate which
indicates that the vehicle is nonrepairable as defined in chapter 487 of NRS.
NRS 108.367 Penalty for violation of NRS 108.265 to 108.367,

inclusive. Except as otherwise
provided in NRS 108.365, a person who
violates any
provision of NRS 108.265 to 108.367,
inclusive, is guilty of a misdemeanor.
JEWELERS’ AND WATCHMAKERS’ LIENS
NRS 108.370 Lien for work and material furnished: Notice; sale; application
of proceeds; lienholder may waive lien and sue for
amount due.
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 the owner that the payment of the amount due within 30
days will
entitle the owner 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 or her 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 the lienholder elects to do so.
[1:128:1939; 1931 NCL § 3780] — (NRS A 1969, 95)

COMMON CARRIERS AND DISPOSITION OF UNCLAIMED PROPERTY
NRS 108.380 Storage of unclaimed freight by carriers and warehousemen. 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]
NRS 108.390 Failure of consignee to accept freight after notice releases

carrier from further liability. If
a consignee does not accept
and remove freight within 24 hours after notice has
been served on the consignee 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 the carrier’s responsibility as a
warehouseman.
[2:42:1875; BH § 4965; C § 5031; RL § 538; NCL § 638]
NRS 108.400 Service of notice. If

the consignee’s place of residence or business be unknown, notice may be served
on the consignee
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]
NRS 108.410 Sale of perishable freight to satisfy lien. If from any cause, other than want of ordinary
care and diligence, a common
carrier is unable to deliver perishable property
transported and collect charges thereon, the common carrier may cause the
property to be sold in
open market to satisfy a lien of freightage.
[4:42:1875; BH § 4967; C § 5033; RL § 540; NCL § 640]
NRS 108.420 Sale of unclaimed freight to pay charges: Notice; disposition of

surplus; sales of baggage.
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]
NRS 108.430 Disposition of unclaimed surplus. If

the owner, or the owner’s 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 the county treasurer 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 the owner’s 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
NRS 108.440 Right of bailee to sell property on bailor’s failure to pay

storage charges.
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)
NRS 108.450 Notice and advertisement of sale; redemption of property.

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 the 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 the 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)
NRS 108.460 Disposition of proceeds of sale. 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 the
bailor’s 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]
NRS 108.470 Provisions not applicable to pawnbrokers or moneylenders. 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
used in NRS 108.473 to 108.4783,
defined
in NRS 108.4731 to 108.4748,
(Added to NRS by 1983, 1665; A 2011, 1825;
2013, 1256)
NRS 108.4731 “Electronic mail” defined. “Electronic

mail” means an electronic message, executable program or computer file which
contains an image of a message that is transmitted between two or more
computers or electronic terminals, or within or between computer networks
and
from which a confirmation of receipt is received.
NRS 108.4733 “Facility” defined. “Facility”

means real property divided into individual storage spaces. The term does not
include a
garage or storage area in a private residence.
(Added to NRS by 1983, 1665; A 2011, 1825)
NRS 108.4734 “Last known address” defined. “Last

known address” means the postal and electronic mail address, if any, provided
by an
occupant in the most recent rental agreement between the owner and the
occupant, or the postal and electronic mail address, if any, 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.
NRS 108.4735 “Occupant” defined. “Occupant”

includes a person or a person’s sublessee, successor or assignee who is
entitled to the
exclusive use of an individual storage space at a facility
pursuant to a rental agreement.
(Added to NRS by 1983, 1666; A 2011, 1825)
NRS 108.474 “Owner” defined. “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.
NRS 108.4743 “Personal property” defined. “Personal

property” means any property not affixed to land and includes, without
limitation,
merchandise, furniture, household items, motor vehicles, boats,
personal watercraft and trailers used to transport motor vehicles, boats or
personal
watercraft.
(Added to NRS by 1983, 1666; A 2011, 1825;
2019, 1449)
NRS 108.4744 “Protected property” defined. “Protected

property” means personal property, the sale of which or prohibition against the
sale of which is regulated by state or federal law. The term includes, without
limitation:
1. Documents, film or electronic data that
contain personal information, such as social security numbers, credit or debit
card information, bank
account information, passport information and medical or
legal records relating to clients, customers, patients or others in connection
with an
occupant’s business.
2. Pharmaceuticals other than those
dispensed by a licensed pharmacy for use by an occupant.
3. Alcoholic beverages.
4. Firearms.
NRS 108.4745 “Rental agreement” defined. “Rental

agreement” means any written agreement or lease establishing or modifying the
terms, conditions or rules concerning the use and occupancy of an individual
storage space at a facility.
(Added to NRS by 1983, 1666; A 2011, 1825)
NRS 108.4746 “Storage space” defined. “Storage

space” means a space used for storing personal property, which is rented or
leased to an
individual occupant who has access to the space.
NRS 108.4748 “Verified mail” defined. “Verified

mail” means any method of mailing offered by the United States Postal Service
that
provides evidence of mailing.
NRS 108.475 Use of storage space for residence prohibited; nature of

facility; effect of issuance of document of title for property.
1. It is unlawful to use a storage space
at a facility for a residence.
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 a storage
space at the facility, the owner and the 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; 2011, 1825;
2013, 1256)
NRS 108.4753 Lien of owner of facility; priority of lien created by document

of title.
1. The owner of a facility and the owner’s
heirs, assignees or successors have a possessory lien, from the date the rent
for a storage space at
the facility is due and unpaid, on all personal
property, including protected property, located in the storage space for the
rent, late fees imposed
pursuant to NRS 108.4758,
labor or other charges incurred by the owner pursuant to a rental agreement and
for those expenses reasonably 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; A 2011, 1825;
2013, 1256)
NRS 108.4755 Contents of rental agreement.

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 A STORAGE SPACE IN THIS
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 or disposed of
if the rent or other
charges described in the rental agreement remain unpaid
for 14 consecutive days.
(c) A provision requiring the occupant to:
(1) Disclose to the owner any items of
protected property in the storage space.
(2) If the occupant is subject to mandatory licensing, registration, permitting or other professional or occupational regulation by a
governmental agency, board or commission and the protected property to be stored is related to the practice of that profession or occupation by the
occupant, provide written notice to that agency, board or commission stating that the occupant is storing protected property at the facility,
identifying the general type of protected property being stored at the facility and providing complete contact information for the facility. The
occupant shall give the owner a copy of any written notice provided to such an
agency, board or commission.
(3) Provide complete contact information
for a secondary contact who may be contacted by the owner if the owner is
unable to contact the
occupant.
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 a storage space at the
facility, the provision is
unenforceable unless:
(a) The rental agreement contains a statement
advising the occupant to purchase insurance for any personal property stored in
a storage space at
the facility and informing the occupant 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 a debtor.
(Added to NRS by 1983, 1666; A 1989, 213; 1997, 921; 2011, 1826)
NRS 108.4757 Presumption regarding maximum value of property stored. If a rental agreement contains a limit on the
value of
property stored in the storage space of an occupant, the limit is
presumed to be the maximum value of the personal property stored in the storage
space.
NRS 108.4758 Late fees.

1. An owner may impose a reasonable late
fee for each month that an occupant does not pay rent for a storage space when
due if the amount of
late fee is stated in the rental agreement or an addendum
to such an agreement.
2. A late fee of $20 or 20 percent of the
monthly rental amount, whichever is greater, for each month of a late rental
payment shall be deemed
to be a reasonable late fee and shall not constitute a
penalty.
3. A late fee imposed pursuant to this
section is not interest on a debt or a cost incurred by an owner in enforcing
the owner’s lien pursuant to
NRS 108.4763 or
enforcing any other remedy provided by any statute or contract.
4. As used in this section, “late fee”
means a fee or charge assessed by an owner for an occupant’s failure to pay
rent for a storage space when
due.
NRS 108.476 Unpaid charges: Denial of occupant’s access to storage space;

termination of occupant’s right to use storage space;
notice; imposition of
lien.
1. If any charges for rent or other items
owed by the occupant remain unpaid for 10 days or more, the owner may deny the
occupant access to
the storage space at the facility for which charges are
owed.
2. 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 the storage space at the facility, for which
charges are owed, not less than 14 days after sending a notice by verified mail
or, if available,
by electronic mail to the occupant at his or her last known
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 the owner’s agent;
(c) A statement that the occupant’s right to use
the storage space 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 storage space and after the date specified in
the notice, an
owner’s lien pursuant to NRS 108.4753,
will be imposed.
(Added to NRS by 1983, 1666; A 1985, 238; 2011, 1827;
2013, 1257)
NRS 108.4763 Owner’s remedies upon nonpayment of charges; notice of sale;

limit on earliest time for sale; disposal of protected
property.
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) Enter the storage space and remove the

personal property within it to a safe place.
(b) Dispose of, but may not sell, any protected
property contained in the storage space in accordance with the provisions of
subsection 5 if the
owner has actual knowledge of such protected property. If
the owner disposes of the protected property in accordance with the provisions
of
subsection 5, the owner is not liable to the occupant or any other person
who claims an interest in the protected property.
(c) If the personal property upon which the lien
is claimed is a motor vehicle, boat, personal watercraft or trailer used to
transport a motor
vehicle, boat or personal watercraft, and rent and other
charges related to such property remain unpaid or unsatisfied for 60 days, have
the property
towed by any tow car operator subject to the jurisdiction of the
Nevada Transportation Authority. If a motor vehicle, boat, personal watercraft
or
trailer is towed pursuant to this paragraph, the owner is not liable for any
damages to such property once the tow car operator takes possession of the
motor vehicle, boat, personal watercraft or trailer.
2. The owner shall send to the occupant a
notice of a sale to satisfy the lien by verified mail or, if available, by
electronic mail at the last
known address of the occupant and at the
alternative address provided by the occupant in the rental agreement at least
14 days before the sale. If the
notice is sent by electronic mail and no
confirmation of receipt is received, the owner shall also send such notice to
the occupant by verified mail at
the last known address of the occupant. The
notice must contain:
(a) A statement that the occupant may no longer
use the storage space and no longer has access to the occupant’s 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 or disposed of 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 verified 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 the occupant’s 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 in opposition to the sale to be executed
by the occupant if the
occupant wishes to do so.
5. The owner may dispose of protected
property contained in the storage space by taking the following actions, in the
following order of
priority, until the protected property is disposed of:
(a) Contacting the occupant and returning the
protected property to the occupant.
(b) Contacting the secondary contact listed by
the occupant in the rental agreement and returning the protected property to
the secondary
contact.
(c) Contacting any appropriate state or federal
authorities, including, without limitation, any appropriate governmental
agency, board or
commission listed by the occupant in the rental agreement
pursuant to NRS 108.4755, ascertaining whether
such authorities will accept the
protected property and, if such authorities
will accept the protected property, ensuring that the protected property is
delivered to such authorities.
(d) Destroying the protected property in an
appropriate manner which is authorized by law and which ensures that any
confidential information
contained in the protected property is completely
obliterated and may not be examined or accessed by the public.
(Added to NRS by 1983, 1667; A 1985, 239; 2011, 1827;
2013, 1257;
2019, 1449)
NRS 108.4765 Occupant’s declaration in opposition to sale. The occupant may prevent a sale of the
personal property to satisfy the lien
if the occupant executes a declaration in
opposition to the sale under penalty of perjury and returns the declaration to
the owner by verified 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) The occupant opposes the sale of the
property; and
(c) The occupant understands that any action
concerning the validity of the lien must be commenced not later than 21 days
after the date on
which the owner receives the declaration in opposition to the
sale as required pursuant to NRS 108.477.
(Added to NRS by 1983, 1667; A 2011, 1828)
NRS 108.477 Sale of occupant’s property by owner: Advertisement; manner;

distribution of proceeds.
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 storage space 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.
5. 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.
6. 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; 2011, 1829)
NRS 108.4773 Claim of property subject to security interest.

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 holding such interest and 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; 2011, 1829)
NRS 108.4775 Satisfaction of lien by person claiming interest in property. 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 the
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.
NRS 108.478 Effect of occupant’s execution of declaration in opposition to

sale; effect of occupant’s commencement of action; stay of
enforcement of a
judgment pending appeal. If the
owner receives a declaration in opposition to the sale before the date set
forth in the notice of
the sale to satisfy the lien:
subsection 2, the owner must not sell the property until at least 30 days after
the date on which the owner
receives the declaration in opposition to the sale.
2. The occupant must file a complaint in a
court of competent jurisdiction not later than 21 days after the date on which
the owner receives the
declaration in opposition to the sale. If such an action
is commenced, the owner must not sell the property unless the court enters
judgment in favor
of the owner.
3. If the occupant does not commence an
action within 21 days after the date on which the owner receives the
declaration in opposition to the
sale, or if the court enters judgment in favor
of the owner, the owner may advertise the property for sale and sell the
property as provided in NRS
108.477.
4. The occupant may stay the enforcement
of a 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; A 2011, 1830)
NRS 108.4783 Purchaser of property at sale to satisfy lien or enforce

judgment takes free of any party’s interest; exception for
protected property
found in storage space. 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:
1. Does not acquire ownership of any
protected property found in the storage space. The person who purchased the
protected property in good
faith at a sale to satisfy the lien shall, as soon
as reasonably practicable, return the protected property to the occupant or, if
the occupant cannot be
found after reasonable diligence, to the owner, who
shall dispose of the protected property in accordance with the provisions of
subsection 5 of NRS
108.4763.
subsection 1, takes the property free and clear of the rights of any party,
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; A 2011, 1830)
LIEN OF PROPRIETOR OF HOTEL, MOTEL, LODGING HOUSE OR

BOARDINGHOUSE
NRS 108.480 Lien on personal property; sale after 30 days after default.

1. Except as provided in subsection 2,
every hotel, inn, motel, motor court, boardinghouse or lodging house proprietor
or proprietors, or person
who lets rooms to lodgers for hire, shall have a lien
upon all property belonging to any patron, guest, boarder or tenant brought
within the hotel, inn,
motel, motor court, boardinghouse, lodging house or
rooms for the amount that may be due from any such person for boarding,
lodging, rent or for
money paid or advanced, and for such other extras as are furnished
at the request of any patron, guest, boarder or tenant, 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)
NRS 108.490 Sale of baggage or property left at hotel, motel, lodging house

or boardinghouse. All baggage or
property of whatever
description left at a hotel, inn, motel, motor court,
boardinghouse or lodging house 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)
NRS 108.500 Sales at public auction: Notice; disposition of proceeds.

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 lodging house 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 the
owner, if the owner resides in the county; otherwise, it shall be mailed to the
owner’s 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 the representative of the guest or boarder, 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
NRS 108.515 Lien on baggage or property left at establishment; sale of

baggage or property; disposition of proceeds.
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 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.
(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.
LIEN OF AGISTOR, FEEDER OR BREEDER
NRS 108.540 Lien upon animals; priority; demand for payment; foreclosure;

penalty for taking or driving away animal.
1. Any person furnishing feed, pasture or
otherwise boarding any animal or animals, at the request or with the consent of
the owner or the
owner’s 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)
NRS 108.550 Foreclosure of lien; sale; disposition of proceeds.

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
the 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)
NRS 108.560 Disposition of livestock in settlement of pasturage or feed

bills: Appraisement; sale; right of redemption.
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 the person 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)
NRS 108.570 Service of stallion: Lien on mare and offspring; penalties.

1. The owner or keeper of any stallion may
advertise the terms upon which the owner or keeper 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
NRS 108.580 Persons selling ore to reduction works have preferred liens. 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
used in NRS 108.585 to 108.660,
inclusive, unless the context otherwise requires, “third party” has the
meaning
ascribed to it in subsection 5 of NRS
449A.162.
NRS 108.590 Extent of lien; exception; lien in addition to lien on property.

1. Whenever any person receives
hospitalization on account of any injury, and the injured person, or a personal
representative after the
person’s death, claims damages from the person
responsible for causing the injury, the hospital has a lien upon any sum
awarded the injured person
or the 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)
NRS 108.600 Limitations on extent of lien.

1. No rights or claims for liens under NRS 108.585 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] — (NRS A 2017, 4117)
NRS 108.605 Notice of intent to file lien required if hospital provides care

to injured person covered by contracted third-party
insurer and wishes to
perfect lien; collection efforts; actions required if judgment or settlement;
failure to comply; applicability.
1. If a hospital provides hospital care to
an injured person who has a policy of health insurance issued by a third party
that provides health
coverage for care provided at the hospital and the
hospital has a contractual agreement with the third party and wishes to be able
to perfect a lien
pursuant to NRS 108.610, the
hospital shall, not later than 90 days after the termination of
hospitalization, send a notice of intent to file a lien by
registered or
certified mail to:

(a) The insurance carrier, if known, which has

insured against liability of the person alleged to be responsible for causing
the injury and liable
on account thereof and from which damages are claimed and
any legal representative of that person; and
(b) The injured person or personal representative
of the injured person, as applicable, and any legal representative of the
injured person or
personal representative.
2. Within 30 days after sending a notice
pursuant to subsection 1, the hospital shall proceed with any efforts to
collect on any amount owed to
the hospital for the hospital care in accordance
with the provisions of NRS
449A.159.
3. If an injured person or the personal
representative of an injured person is awarded by judgment or obtains by a
settlement or compromise a
sum of money after a notice of intent to file a lien
is received pursuant to this section:
(a) Any person receiving such notice shall
provide written notice to the hospital of the judgment, settlement or
compromise; and
(b) The insurance carrier and any attorney
holding the money in trust shall proceed as if the lien is perfected pursuant
to NRS 108.610 unless
the hospital fails to comply
with subsection 2.
4. If the hospital fails to comply with
subsection 2, the notice of intent to file a lien shall be deemed void ab
initio.
5. This section does not apply to
Medicaid, Medicare, the Children’s Health Insurance Program or any other public
program which may pay
all or part of the bill.
NRS 108.610 Notice of lien required: Recording and service. In order to perfect a lien provided by NRS 108.590, the hospital or the
owner or operator
thereof must comply with the provisions of NRS 108.605,
if applicable, and:
1. Before the payment of any money to the
injured person, the personal representative of the injured person or to a 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; 2017, 4117)
NRS 108.620 Form of notice. 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)
NRS 108.640 Hospital records: Examination; copying. 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]
NRS 108.650 Payment to injured person after notice of lien; liability and

payment to hospital.
1. Any person or 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,
the person’s 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. Except as otherwise provided in this
subsection, if the hospital is publicly owned or not for profit, the person or
insurer shall make the
payment to the hospital by issuing to the hospital a
separate check or other negotiable instrument. If the provisions of NRS 353.1467 apply, the
person or
insurer shall make the payment to the hospital by way of any method of
electronic transfer of money allowed by the hospital.
3. As used in this section, “electronic
transfer of money” has the meaning ascribed to it in NRS 353.1467.
[7:421:1955] — (NRS A 1987, 1676; 2007, 3314)
NRS 108.655 Limitation on receipt of money under lien if injured person

eligible for Medicaid, Medicare, Children’s Health
Insurance Program or other
public program. If an injured
person may be eligible for Medicaid, Medicare, the Children’s Health Insurance
Program or any other public program which may pay all or part of the bill, the
hospital shall not receive any amount pursuant to a lien asserted
pursuant to NRS 108.585 to 108.660,
inclusive, which is equal to more than 55 percent of the charges billed by the
hospital.
NRS 108.660 Foreclosure of lien.

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 108.585 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
NRS 108.662 Extent of lien; notice of lien; amendment of notice;

limitations.
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
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.
5. A county or district hospital shall not
assign, sell or transfer the interest of the hospital in a lien created pursuant
to this section.
(Added to NRS by 1985, 1645; A 2007, 1498)
NRS 108.665 Foreclosure: Manner; limitations.

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, the
owner’s spouse, the owner’s dependent adult child if that child is mentally or
physically disabled
or a joint tenant if the joint tenant 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 the owner’s 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)
NRS 108.668 Release of lien upon payment; demand by owner that hospital file
suit to foreclose; penalty for failure to release lien.
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.
LIENS ON VESSELS

NRS 108.670 Extent of lien; detention of vessel; priority of claims.

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 the owner’s 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 the possession of the
person, firm or corporation until the sum due is paid.
4. The liens described in subsection 1
have priority over the liens described in subsection 2.
A 1981, 168;
1993, 223)
NRS 108.680 Right of lienholder not lost when vessel removed from control;
seizure without process of law.
1. A holder of a lien under the provisions
of NRS 108.670 does not lose the lien by reason of
allowing the vessel to be removed from the
lienholder’s 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.
A 1993, 224)
NRS 108.690 Amount by which lien exceeds $1,000 is secondary to perfected

security interest. 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.
A 1985, 372;
1993, 224)
NRS 108.700 Lien does not deprive lienholder of other remedy. 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 the holder 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.
A 1993, 224)
NRS 108.710 Satisfaction of lien: Notice; sale by auction; disposition of

proceeds. 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 lienholder’s 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.
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 the 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 the lienholder would have been bound to
deliver, or justified
in delivering, the vessel.
A 1969, 95; 1985, 241; 1993, 224)
NRS 108.720 Payment of lien and expenses before sale. 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 the 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 the person is entitled to the
possession of the vessel, on payment of the charges thereon.
A 1993, 225)
NRS 108.730 Remedy for enforcing lien does not preclude other remedies. 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.
A 1993, 225)
NRS 108.740 Lawful sale releases lienholder. 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.
A 1993, 225)

NRS 108.750 Validity of lien may be contested; responsibility of lienholder

to owner after sale to third person. 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; 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.
A 1993, 225)
NRS 108.760 Penalty for incurring bill without authority or by

misrepresentation. A person who incurs a bill upon a vessel without the
authority of the owner thereof, or by misrepresentation, is guilty of a misdemeanor.
A 1967, 530;
1993, 226)
LIENS FOR CLEANING, PRESSING, GLAZING OR WASHING GARMENTS,

CLOTHING, WEARING APPAREL OR
HOUSEHOLD GOODS
NRS 108.770 Lien upon garments, clothing, wearing apparel or household goods

for amount of account due; lien to include value or
agreed price of materials
furnished. 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.
NRS 108.780 Liens for work done and for storage by agreement; exemption of
warehousemen. 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.
NRS 108.790 Sales by lienholders after notice. 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 the owner
that the
payment of the amount due within 30 days will entitle the owner to redeem the
property, sell any such article or articles at public or bona
fide private sale
to satisfy the account.
NRS 108.800 Service or posting of notice; disposition of proceeds of sale. 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 the owner’s 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.
NRS 108.810 Waiver of lien; action upon amount. 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 the lienholder elects to
do so.
NRS 108.820 Notices to be posted in business establishments. 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.”
FEDERAL LIEN REGISTRATION (UNIFORM ACT)
NRS 108.825 Short title. 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)
NRS 108.826 Applicability. 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.
NRS 108.827 Federal liens: Place of filing.

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)
NRS 108.829 Execution of notices and certificates. Certification

of notices of liens, certificates or other notices affecting federal liens by
the Secretary of the Treasury of the United States or the Secretary’s 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)
NRS 108.831 Duties of filing officer.

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 or she 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 or she shall endorse thereon his or
her 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 the
Secretary of State 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, the filing officer 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 or her 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)
NRS 108.833 Fees.
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. The Secretary of State 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 108.837 Uniformity of interpretation. 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
NRS 108.850 Petition for lien.

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;
(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; 2007, 2395)
NRS 108.860 Signing and filing petition; notice; hearing; duty of Director

of Department of Health and Human Services to file notice
of pendency of action
and to serve notice of lien; contents of notice of lien; amendment of notice of
lien.
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 the 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
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)
NRS 108.870 Foreclosure of lien. 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
used in NRS 108.880 to 108.896,
defined
in NRS 108.881 to 108.885,
NRS 108.881 “Cash” defined. “Cash”

means coin or currency of the United States. The term does not include a check
or money order.
NRS 108.882 “Farm product” defined. “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.
NRS 108.883 “Processed farm product” defined. “Processed

farm product” includes, without limitation, a farm product in a preserved,
manufactured or processed form.
NRS 108.884 “Processor” defined.

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 the retail merchant.
NRS 108.885 “Producer” defined. “Producer”

means a person who is engaged in the business of growing or producing a farm
product in
this state.
NRS 108.887 Lien of producer.

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
the producer 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.
NRS 108.888 Attachment of lien; priority of lien.

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.
NRS 108.889 Notice of lien.

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)
NRS 108.890 Extent of lien.

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.
(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.
NRS 108.891 Release of lien: Provision of security; payment or arrangement

for payment.
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.
NRS 108.892 Release of lien: Additional methods; disposition of farm

product.
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.
NRS 108.893 Release of farm product or processed farm product by court.

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 the processor
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.
NRS 108.894 Effect of judgment on lien.

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.
NRS 108.895 Actions to foreclose lien: Preliminary injunction.

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 the
processor’s possession or under the processor’s 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 the processor’s possession or under the
processor’s control and upon which valid liens exist beyond the jurisdiction of
the
court.
NRS 108.896 Actions to foreclose lien: Consolidation; equal standing of

claims; judgment to state exact amount due; judgments
against sufficient
quantity in value of farm products.
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.

Nrs Chapter 108 - Statutory Liens

Încărcat de

Informații document

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Nrs Chapter 108 - Statutory Liens

Încărcat de

Drepturi de autor:

Formate disponibile

NRS: CHAPTER 108 - STATUTORY LIENS

[Rev. 12/21/2019 10:27:57

CHAPTER 108 - STATUTORY LIENS

MECHANICS’ AND MATERIALMEN’S LIENS

https://www.leg.state.nv.us/NRS/NRS-108.html[1/20/2020 5:38:16 PM]

LIENS OF FOUNDRYMEN, BOILERMAKERS AND OTHERS

EXTINGUISHMENT OF LIEN ON REAL PROPERTY CREATED BY ATTACHMENT;

LIENS FOR STORAGE, MAINTENANCE, KEEPING OR REPAIR OF VEHICLES,

JEWELERS’ AND WATCHMAKERS’ LIENS

COMMON CARRIERS AND DISPOSITION OF UNCLAIMED PROPERTY

https://www.leg.state.nv.us/NRS/NRS-108.html[1/20/2020 5:38:16 PM]

BAILEES FOR HIRE OF PROPERTY IN

LIENS OF OWNERS OF FACILITIES FOR STORAGE

LIEN OF PROPRIETOR OF HOTEL, MOTEL, LODGING HOUSE OR

LIEN OF PROPRIETOR OF CHILD CARE ESTABLISHMENT

LIEN OF AGISTOR, FEEDER OR BREEDER

LIENS ON ORE DELIVERED TO CUSTOM MILLS OR REDUCTION WORKS

Lien on Judgment or Settlement

https://www.leg.state.nv.us/NRS/NRS-108.html[1/20/2020 5:38:16 PM]

LIENS FOR CLEANING, PRESSING,

FEDERAL LIEN REGISTRATION (UNIFORM ACT)

LIENS TO RECOVER BENEFITS PAID FOR MEDICAID

LIEN ON FARM PRODUCTS

https://www.leg.state.nv.us/NRS/NRS-108.html[1/20/2020 5:38:16 PM]

MECHANICS’ AND MATERIALMEN’S LIENS

NRS 108.22104 “Agent of the owner” defined. “Agent

NRS 108.22108 “Building” defined. “Building”

NRS 108.22112 “Commencement of construction” defined. “Commencement

NRS 108.22118 “Construction control” defined. “Construction

NRS 108.2212 “Contract” defined. “Contract”

NRS 108.22124 “Equipment” defined. “Equipment”

NRS 108.22128 “Improvement” defined. “Improvement”

NRS 108.22132 “Lien” defined. “Lien”

NRS 108.22136 “Lienable amount” defined. “Lienable

NRS 108.2214 “Lien claimant” defined. “Lien

https://www.leg.state.nv.us/NRS/NRS-108.html[1/20/2020 5:38:16 PM]

NRS 108.22144 “Material” defined. “Material”

NRS 108.22146 “Notice of lien” defined. “Notice

NRS 108.22148 “Owner” defined.

NRS 108.22156 “Prevailing lien claimant” defined. “Prevailing

NRS 108.2216 “Prime contract” defined. “Prime

NRS 108.22164 “Prime contractor” defined. “Prime

NRS 108.22168 “Principal” defined. “Principal,”

NRS 108.22172 “Property” defined. “Property”

NRS 108.22176 “Surety” defined. “Surety”

NRS 108.2218 “Surety bond” defined. “Surety

NRS 108.22184 “Work” defined. “Work”

NRS 108.22188 “Work of improvement” defined. “Work

https://www.leg.state.nv.us/NRS/NRS-108.html[1/20/2020 5:38:16 PM]

legal parcel of land and pursuant to a separate

NRS 108.222 Lien on property, improvements and construction disbursement

NRS 108.225 Priority of liens.

NRS 108.226 Perfection of lien: Time for recording notice of lien; contents

https://www.leg.state.nv.us/NRS/NRS-108.html[1/20/2020 5:38:16 PM]

3. The total amount of

NRS 108.227 Service of copy of notice of lien.

NRS 108.2275 Frivolous or excessive notice of lien: Motion; hearing;

https://www.leg.state.nv.us/NRS/NRS-108.html[1/20/2020 5:38:16 PM]

(b) Be supported by:

NRS 108.228 Notice of completion: Recording; contents; verification;

NRS 108.229 Recording and service of amended notice of lien; variances;

https://www.leg.state.nv.us/NRS/NRS-108.html[1/20/2020 5:38:16 PM]

party so cited to appear had been an original party defendant in the

NRS 108.231 Notice of lien against two or more separate buildings or mining