Are you a contractor in Nevada? Have you received payment for all of your services? If not, you’re entitled to get paid for your work by filing a mechanic’s lien.
This method is of great assistance to contractors, material supplies, and subcontractors who face trouble in getting compensated for their services while working on a construction project. In order for your claim to be considered valid, it has to be filled in properly and submitted to the right office.
The following tips will assist you in the process.
Fill out the form
The initial step when filing a mechanic’s lien is collecting all the necessary information in order to fill out the form properly. The inclusion of any wrong information is likely to invalidate the entire claim. The state of Nevada requires claimants to provide identification in the form of full name and address. In case the lien is filed by a company, the business name and address of the company should be included. Visit this site to see a legal definition of a mechanic’s lien.
Moreover, payment information is supposed to be included in the form as well. Make sure you include the contract price you’ve agreed upon, the cost of any work that was added to the original contract, as well as the price for materials.
Another thing contractors should pay close attention to when filling out a claim is the information about the owner. Although this info seems easy to complete, claimants shouldn’t take it for granted. Sometimes, errors are made in cases where properties have multiple owners or the project was commissioned by a tenant.
Furthermore, Nevada mechanic’s lien laws require claimants to provide a property description, which aids the identification of properties. The final step in filling out such a lien is signing the form and have it notarized. Otherwise, it’ll be considered invalid by the recorder’s office.
File it at the right time and location
The state of Nevada obliges claimants to file their claims over a ninety-day period following the project completion or material delivery. In the event of residential projects, a Nevada mechanic’s lien should be filed fifteen days after sending a notice of intent to lien. Nevertheless, in case the owner of the property submits a notice of completion, the ninety-day timeframe will be reduced to forty days following the submission.
As far as location is concerned, the claim should be submitted in the right county, where the estate is located. Once you find the corresponding recorder’s office, it’s time to pay attention to the recording fees. These fees aren’t universal across counties, which means you need to contact the office or visit their website to find out this type of information.
Even if the fees you include are higher than the ones required by the county, your claim would still be rejected. The resubmission of this document is time-consuming and might lead to missing the deadline.
In Nevada, a certain number of counties allow e-recording, which facilitates the process of filing a mechanic’s lien. All you need to do is upload a copy of the form and abide by the instructions. If such an option isn’t possible in your county, the claim can be delivered through mail or personally. Don’t forget to request a copy of the document, as you might need to send this form to the other parties.
Serve notice of the mechanic’s lien
The procedure of submitting a mechanic’s lien doesn’t end with recording the claim. The state of Nevada forces claimants to serve the claim on the owner of the property in the course of thirty days after recording it. This action is usually done via certified mail in order for claimants to receive a return receipt once the document is delivered. See this link, https://en.wikipedia.org/wiki/Return_receipt, for an explanation of the return receipt.
The prime contractor is also supposed to receive a copy of the document unless the claimant is the contractor itself. Bear in mind that the claim might be challenged, which would prolong the process of getting paid even further.
Conclusion
Get familiar with Nevada’s laws before submitting a claim.
It’s the only way to get paid.
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