[Rev. 11/21/2013 9:32:52 AM--2013]

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. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 108.2423         Enforcement of liability of principal and surety. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

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.

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 108.265           Definitions.

NRS 108.266           “Landlord” defined.

NRS 108.267           “Legal owner” defined.

NRS 108.2671         “Manufactured home” defined.

NRS 108.2673         “Mobile home” defined.

NRS 108.2675         “Mobile home lot” defined.

NRS 108.2677         “Mobile 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 108.2725         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 Manufactured 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; 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.

NRS 108.460           Disposition of proceeds of sale.

NRS 108.470           Provisions not applicable to pawnbrokers or moneylenders.

LIENS OF OWNERS OF FACILITIES FOR STORAGE

NRS 108.473           Definitions.

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.

NRS 108.4775         Satisfaction 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.

NRS 108.560           Disposition 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 108.610           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 108.660           Foreclosure 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.

NRS 108.710           Satisfaction 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.

NRS 108.870           Foreclosure of lien.

LIEN ON FARM PRODUCTS

NRS 108.880           Definitions.

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.

      (Added to NRS by 2003, 2587)

      NRS 108.22112  “Commencement of construction” defined.  “Commencement of construction” means the date on which:

      1.  Work performed; or

      2.  Materials or equipment furnished in connection with a work of improvement,

Ê is visible from a reasonable inspection of the site.

      (Added to NRS by 2003, 2587)

      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.

      (Added to NRS by 2003, 2587)

      NRS 108.22118  “Construction control” defined.  “Construction control” has the meaning ascribed to it in NRS 627.050.

      (Added to NRS by 2005, 1893)

      NRS 108.2212  “Contract” defined.  “Contract” means a written or oral agreement, including all attachments and amendments thereto, for the provision of work, materials or equipment for a work of improvement.

      (Added to NRS by 2003, 2588)

      NRS 108.22124  “Equipment” defined.  “Equipment” means tools, machinery and vehicles, furnished or rented, which are used or to be used in the construction, alteration or repair of a work of improvement at the request of the owner or an agent of the owner.

      (Added to NRS by 2003, 2588)

      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.

      (Added to NRS by 2003, 2588)

      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.

      (Added to NRS by 2003, 2588)

      NRS 108.2214  “Lien claimant” defined.

      1.  “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, 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.

      2.  As used in this section, “laborer” includes, without limitation, an express trust fund to which any portion of the total compensation of a laborer, including, without limitation, any fringe benefit, must be paid pursuant to an agreement with that laborer or the collective bargaining agent of that laborer.

      (Added to NRS by 2003, 2588; A 2007, 660)

      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.

      (Added to NRS by 2003, 2589)

      NRS 108.2216  “Prime contract” defined.  “Prime contract” means a contract between a prime contractor and the owner or lessee of property about which the contract relates.

      (Added to NRS by 2003, 2589; A 2005, 1897)

      NRS 108.22164  “Prime contractor” defined.  “Prime contractor” means:

      1.  A person who contracts with an owner or a lessee of property to provide work, materials or equipment to be used for the improvement of the property or in the construction, alteration or repair of a work of 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.

      (Added to NRS by 2003, 2589)

      NRS 108.22172  “Property” defined.  “Property” means the land, real property or mining claim of an owner for which a work of improvement was provided, including all buildings, improvements and fixtures thereon, and a convenient space on, around and about the same, or so much as may be required for the convenient use and occupation thereof.

      (Added to NRS by 2003, 2589)

      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.

      (Added to NRS by 2003, 2589)

      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.

      (Added to NRS by 2003, 2589)

      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.

      (Added to NRS by 2003, 2590)

      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

 

      6.  Except as otherwise provided in 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.

      1.  Except as otherwise provided in 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.

      (Added to NRS by 2005, 1893)

      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.

      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 the prime contractor of the work of improvement and all other lien claimants who may 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)

      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.

      5.  Except as otherwise provided in 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.

      (Added to NRS by 2005, 1895)

      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 Rule 4 of 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. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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 Supreme Court.

      (Added to NRS by 1981, 31; A 2003, 2613)

      NRS 108.2423  Enforcement of liability of principal and surety. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      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.

      1.  Except as otherwise provided in 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.

      1.  Except as otherwise provided in subsection 5, every lien claimant, other than one who performs only labor, 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)

      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:..........................................................................................................................

Property Location:.....................................................................................................................

Undersigned’s Customer:..........................................................................................................

Invoice/Payment Application Number:.................................................................................

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:..........................................................................................................................

Property Location:.....................................................................................................................

Undersigned’s Customer:..........................................................................................................

Invoice/Payment Application Number:.................................................................................

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:..........................................................................................................................

Property Location:.....................................................................................................................

Undersigned’s Customer:..........................................................................................................

Invoice/Payment Application Number:.................................................................................

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

      NRS 108.265  Definitions.  As used in NRS 108.265 to 108.367, inclusive, unless the context otherwise requires, the words and terms defined in NRS 108.266 to 108.2679, inclusive, have the meanings ascribed to them in those sections.

      (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.

      (Added to NRS by 1991, 1716)

      NRS 108.2673  “Mobile home” defined.  “Mobile home” has the meaning ascribed to it in NRS 489.120.

      (Added to NRS by 1991, 1716)

      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.

      (Added to NRS by 1993, 2037)

      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.

      (Added to NRS by 1993, 2037)

      NRS 108.2679  “Registered owner” defined.  “Registered owner” means:

      1.  A person whose name appears in the files of the Manufactured 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)

      NRS 108.26795  “Trailer” defined.  “Trailer” means every vehicle defined in NRS 482.110, 482.125, 482.127 and 482.134.

      (Added to NRS by 1993, 2037)

      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.

      (Added to NRS by 2005, 1246)

      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.

      (Added to NRS by 1983, 1038)

      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.  Subject to the provisions of NRS 108.315, 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.  Any person who is entitled to a lien as provided in subsections 1, 2 and 3 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.

      [1:95:1943; A 1949, 358; 1943 NCL § 3779.01]—(NRS A 1961, 483; 1973, 1111; 1983, 1038; 1991, 1717; 1993, 2037; 1997, 2864)

      NRS 108.272  Notice.

      1.  Except as otherwise provided in subsection 2, 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 Manufactured 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.  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)

      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.

      (Added to NRS by 1991, 1716)

      NRS 108.273  Liens on mobile homes and manufactured homes: Forms of notices to be provided by Manufactured Housing Division; use of forms.

      1.  The Manufactured 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 Manufactured Housing Division of the Department of Business and Industry.

      (Added to NRS by 1991, 1716; A 1993, 1506)

      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 Manufactured Housing Division of the Department of Business and Industry.

      (Added to NRS by 1991, 1717; A 1993, 1506)

      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.

      (Added to NRS by 1983, 1038)

      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.

      (Added to NRS by 1983, 1038)

      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.

      (Added to NRS by 1983, 1038)

      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)

      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 108.315, 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) Manufactured 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 equipment, aircraft parts, trailer, recreational vehicle, mobile home or 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, aircraft, motorcycle, motor or aircraft 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)

      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 Manufactured 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:

      (a) Manufactured Housing Division of the Department of 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 Manufactured 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:

      (a) Manufactured 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 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 Manufactured 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.

      (Added to NRS by 1961, 485; A 1967, 1482; 1969, 95; 1979, 1217; 1985, 1975; 1991, 1720; 1993, 235, 1507, 2040, 2043; 1995, 669; 1999, 3590; 2001, 2563)

      NRS 108.320  Payment of lien and expenses before sale; delivery of property.  At any time before the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home is so sold, 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)

      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)

      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)

      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 Manufactured 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 Manufactured 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)

      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.

      (Added to NRS by 2005, 1246)

      NRS 108.360  Penalty for incurring bill without authority or by misrepresentation.  Any person who incurs a bill upon a motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or 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.

      (Added to NRS by 2007, 3232)

      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.

      (Added to NRS by 2007, 3232)

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

      NRS 108.473  Definitions.  As used in NRS 108.473 to 108.4783, inclusive, unless the context otherwise requires, the words and terms defined in NRS 108.4731 to 108.4748, inclusive, have the meanings ascribed to them in those sections.

      (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.

      (Added to NRS by 2011, 1824)

      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.

      (Added to NRS by 2013, 1256)

      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.

      (Added to NRS by 1983, 1666)

      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 and personal watercraft.

      (Added to NRS by 1983, 1666; A 2011, 1825)

      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.

      (Added to NRS by 2011, 1824)

      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.

      (Added to NRS by 2011, 1825)

      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.

      (Added to NRS by 2011, 1825)

      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.

      (Added to NRS by 2011, 1825)

      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.

      (Added to NRS by 2013, 1256)

      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 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 or personal watercraft 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 or personal watercraft.

      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)

      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.

      (Added to NRS by 1983, 1669)

      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:

      1.  Except as otherwise provided in 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.

      2.  Except as otherwise provided in 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.

      4.  As used in this section:

      (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.

      (Added to NRS by 1987, 1299)

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

      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 108.590 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 108.610  Notice of lien required: Recording and service.  In order to perfect the lien, the hospital or the owner or operator thereof shall:

      1.  Before the payment of any money to 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)

      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 108.660  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 108.590 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.

      1.  Except as otherwise provided in 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

      (c) A description of the property sufficient for 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.

      (Added to NRS by 1985, 1646)

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.

      (Added to NRS by 1957, 215; 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.

      (Added to NRS by 1957, 215; 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.

      (Added to NRS by 1957, 215; 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.

      (Added to NRS by 1957, 215; 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.

      (c) A demand that the amount of the claim as 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.

      (Added to NRS by 1957, 215; 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.

      (Added to NRS by 1957, 216; 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.

      (Added to NRS by 1957, 216; 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.

      (Added to NRS by 1957, 217; 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.

      (Added to NRS by 1957, 217; 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.

      (Added to NRS by 1957, 217; 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.

      (Added to NRS by 1963, 170)

      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.

      (Added to NRS by 1963, 170)

      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.

      (Added to NRS by 1963, 171)

      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.

      (Added to NRS by 1963, 171)

      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.

      (Added to NRS by 1963, 171)

      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.”

      (Added to NRS by 1963, 171)

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.

      (Added to NRS by 1979, 653)

      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

      (c) A description of the property sufficient for 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

      NRS 108.880  Definitions.  As used in NRS 108.880 to 108.896, inclusive, unless the context otherwise requires, the words and terms defined in NRS 108.881 to 108.885, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 1228)

      NRS 108.881  “Cash” defined.  “Cash” means coin or currency of the United States. The term does not include a check or money order.

      (Added to NRS by 2001, 1228)

      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.

      (Added to NRS by 2001, 1228)

      NRS 108.883  “Processed farm product” defined.  “Processed farm product” includes, without limitation, a farm product in a preserved, manufactured or processed form.

      (Added to NRS by 2001, 1228)

      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.

      (Added to NRS by 2001, 1228)

      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.

      (Added to NRS by 2001, 1228)

      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.

      (Added to NRS by 2001, 1228)

      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.

      (Added to NRS by 2001, 1229)

      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.

      3.  As used in this section:

      (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.

      (Added to NRS by 2001, 1229)

      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.

      (Added to NRS by 2001, 1230)

      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.

      (Added to NRS by 2001, 1230)

      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.

      (Added to NRS by 2001, 1231)

      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.

      (Added to NRS by 2001, 1231)

      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.

      (Added to NRS by 2001, 1231)

      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.

      (Added to NRS by 2001, 1232)