Nevada lien waiver forms, free and on the statutory wording
Nevada is the strictest of these states on the wording itself. NRS 108.2457 does not say substantially. It says a waiver is unenforceable unless it is in the following forms.
Any term of a contract that attempts to waive or impair lien rights is void. A waiver is unenforceable unless it is in the statutory form for the circumstance it is being used in.
Read the law: Nevada Revised Statutes section 108.2457codes.findlaw.com
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Word for word from NRS 108.2457. Print it and fill it in by hand, or use the builder below and get it back already filled in.
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Which of the Nevada forms you need
- Conditional Waiver and Release Upon Progress Payment. You are being asked to sign before the progress payment clears. This one only takes effect once the check is actually paid by the bank, so if the check bounces you still have your lien.
- Unconditional Waiver and Release Upon Progress Payment. The progress payment is already in your account. Signing this gives up your rights for that payment with no condition attached, so never sign it while the money is still in the mail.
- Conditional Waiver and Release Upon Final Payment. The final payment has been offered but has not cleared. This releases everything once the check is paid, and not a moment sooner.
- Unconditional Waiver and Release Upon Final Payment. The final payment has cleared. This is the end of your lien rights on the job, so check the amount against your own ledger before it is signed.
Did you contract with the general and not the owner? Then in Nevada the waiver is not the first piece of paper. NRS 108.245(3) says no lien for materials, equipment, work or services, except labor, may be perfected or enforced unless a notice of right to lien has been given to the owner, and subsection 6 only reaches back 31 days from the day you give it. Fill that one in here too.
This is the paperwork before the lien. The lien itself is a notice of lien, recorded with the county recorder within 90 days of the last of your work, and NRS 108.226 prints that form too. Fill it in here when the job reaches that point.
In the form, not like the form
Most states ask for substantial compliance. Nevada says the waiver and release given by any lien claimant is unenforceable unless it is in the following forms in the following circumstances. There is no softening word in that sentence.
In practice that means using the wording as it stands. Fill in the fields, sign it, change nothing else.
A void clause is not a small problem for the other side
NRS 108.2457 opens by making any term of a contract that attempts to waive or impair the lien rights of a contractor, subcontractor or supplier void.
If a Nevada subcontract has a no lien clause in it, that clause is void. It does not need to be negotiated out to be harmless, though getting it struck is still cleaner.
The identifying block at the top
Nevada's forms open with a block of named fields rather than a paragraph: property name, property location, the undersigned's customer, invoice or payment application number, and the payment amount. The final forms add the amount of disputed claims.
Disputed claims is the field to use when you are taking final payment but there is still an argument about a change order. Naming the amount there keeps it out of the release.
Questions people ask
Is a no lien clause enforceable in Nevada?
No. NRS 108.2457 makes any term of a contract that attempts to waive or impair lien rights void.
Does a Nevada lien waiver need to be notarized?
The statutory forms end with a dated signature block carrying company name, By and Its. No notary is required by the section.
Can I add my own exceptions to a Nevada waiver?
The final forms already give you a disputed claims field, which is the built in way to carve something out. Because Nevada asks for the form itself rather than something substantially like it, use the field the form gives you rather than adding paragraphs.
What is the payment period field for?
It records the span of time the payment covers, so there is no argument later about which month's work was released.
Working outside Nevada? The general lien waiver forms cover the states that prescribe no wording, and conditional vs unconditional lien waiver explains which of the two to sign.