Nevada notice of lien, free and word for word from NRS 108.226
This is not a warning that a lien may be coming. This is the lien. NRS 108.226(5) prints the form, and once it is recorded with the county recorder it attaches to the property until it is paid, released, bonded around or it expires. That is also why subsection 4 sits in the same section: knowingly making a false statement in or relating to the recording of a notice of lien is a gross misdemeanor, punished by a fine of not less than $5,000 nor more than $10,000. Put a number on this form you cannot show on an invoice and you have not overreached, you have committed a crime. Fill it in below and download it, or print it blank and write on it.
NRS 108.226(6), in the statute's own words: 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 must be by personal delivery or certified mail, and it extends your recording deadline by 15 days. Skip it and a lien for materials, equipment, work or services, except labor, may not be perfected or enforced at all. Subsection 7 lifts the whole requirement for nonresidential projects.
Read the law: NRS 108.226, 108.227, 108.233, 108.239 and 108.245codes.findlaw.com
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Word for word from the form in NRS 108.226, subsection 5. It is recorded with the county recorder where the property is, not mailed to the owner, and a copy goes to the owner within 30 days after that. Print it and fill it in by hand, or use the builder below and get it back already filled in.
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The 90 days, and the 40 that can replace them
NRS 108.226(1)(a) gives you 90 days after the date on which the latest of three things happens: the completion of the work of improvement, your last delivery of material or furnishing of equipment for it, or your last performance of work on it. Latest, not earliest. If the job finished in March but you came back in April to hang one more unit under your contract, April is the date that counts.
Subsection 1(b) is the one that ends jobs early. If a valid notice of completion is recorded and served in the manner required by NRS 108.228, you have 40 days after that recording and not 90. An owner who wants the liens flushed out records one, and every claimant's clock is cut by more than half without anybody telling them. Watch the recorder for it on any job where the money has gone quiet.
There is no extension, no good cause and no relation back. Record it inside the window or the lien is not perfected, and the only thing left is an ordinary suit on the contract against whoever hired you, with nothing standing behind it but their ability to pay.
On residential work, a 15-day notice comes first
Subsection 6 is the trap in this section, because it is the only requirement here that is invisible from the form itself. On multifamily or single-family residences, including apartment houses, every lien claimant except laborers must serve a 15-day notice of intent to lien on both the owner and the reputed prime contractor before recording anything. Both of them. Personal delivery or certified mail, nothing else.
The statute says the notice of intent must incorporate substantially the same information required in a notice of lien, so in practice it is this form's content sent as a warning 15 days ahead of recording. And it does not cost you time: serving it extends the subsection 1 deadline by 15 days, so the 90 becomes 105 and the 40 becomes 55.
The penalty for skipping it is written as a bar, not a fine. A notice of lien for materials or equipment furnished, or for work or services performed, except labor, on a residential work of improvement may not be perfected or enforced unless the 15-day notice has been given to the owner. Subsection 7 then exempts nonresidential construction from all of it, so on a commercial shell you can record straight away.
A wrong number here is not a billing dispute
Subsection 4 makes it unlawful for a person knowingly to make a false statement in or relating to the recording of a notice of lien, and a person who violates it is guilty of a gross misdemeanor and shall be punished by a fine of not less than $5,000 nor more than $10,000. Most lien statutes leave an inflated claim to be argued about in court. Nevada wrote a crime into the same section that prints the form.
That is why item 4 on the form is the amount of the lien after deducting all just credits and offsets, and why items 1, 2 and 3 make you show your work: the original contract, the additional or changed work, and everything you have been paid. The arithmetic is meant to be checkable by the owner and by the court from the face of the document.
So claim what you can prove from signed contracts, approved change orders and a payment ledger. Leave off retainage you have not billed, change orders nobody authorized, interest and attorney fees you have not been awarded, and anything you would not put in front of a judge line by line.
Recording it is not the last step
The oath is part of the form. NRS 108.226(3) requires the notice of lien to be verified by the oath of the lien claimant or some other person, which is what the deposes and says paragraph and the notary block at the bottom are for. The same subsection also says the notice need not be acknowledged to be recorded, so a recorder cannot refuse it for missing an acknowledgment that the statute does not ask for.
Then NRS 108.227(1) starts a second clock: a copy of the notice of lien must be served on the owner within 30 days after recording it. Personal delivery to the owner or the owner's registered agent, or certified mail return receipt requested to the owner's residence, usual place of business or registered agent. If the owner and the registered agent genuinely cannot be located, subsection 1(c) lets you post a copy on the property, hand one to a person residing there, and mail one to the addresses in the deed, the assessor's records or the recorder's records.
Subcontractors have one more duty. NRS 108.227(3) says each subcontractor shall deliver a copy of each notice of lien to the prime contractor, and failure to do it is a ground for disciplinary proceedings under chapter 624 of NRS. It does not kill the lien. It puts your license in front of the contractors board, which is the same bargain NRS 108.245 strikes on the notice of right to lien.
Six months, and then the lien is gone
NRS 108.233(1) says the lien must not bind the property for a period longer than 6 months after the date on which the notice of lien was recorded, unless proceedings are commenced in a proper court within that time to enforce it. Recording buys you six months of leverage and not one day more by itself.
The only alternative is an extension, and it is deliberately hard. It has to be a written instrument signed by the lien claimant and by a person in interest in the property, acknowledged the way a deed is, and recorded in the same recorder's office within the 6-month period. It binds only the people who signed it and only as to their interests. When the extended time lapses, an action may not then be commenced, and no second extension may be given.
If you do sue, NRS 108.239(1) puts the action in a court in the county where the property is. Subsection 2 adds two things people forget at filing: a notice of pendency of the action under NRS 14.010, and a notice of foreclosure published at least once a week for 3 successive weeks in a newspaper published in the county, calling in every other claimant against the property.
What the form asks you for
Eight numbered items and a jurat, and the eight are the contents NRS 108.226(2) requires. Items 1 through 4 are the money: the original contract amount, the total of all additional or changed work, materials and equipment, the total of all payments received to date, and the amount of the lien after deducting all just credits and offsets. The first three are there so the fourth can be checked.
Item 5 is the name of the owner, if known. Item 6 is the name of the person by whom you were employed or to whom you furnished, which on a subcontract is the general contractor and not the owner. Item 7 is a brief statement of the terms of payment of your contract, and brief is the statute's word: net 30 with retainage, monthly progress billing, whatever your contract actually says, in a line.
Item 8 is a description of the property to be charged with the lien, and subsection 2(e) only asks for one sufficient for identification. The legal description from the deed or plat is the safe answer, with the street address after it. The parcel numbers at the top are how a recorded document is indexed, so put the assessor's parcel number in there as well.
Underneath, the print name and authorized signature pair identifies the claimant, and then the jurat: your state and county, the sworn statement that you have read the notice and that it is true of your own personal knowledge, your signature again, and the notary's line. The notary signs the last rule, not you.
Questions people ask
Is this the same thing as a notice of right to lien?
No, and sending one does not do the job of the other. The notice of right to lien under NRS 108.245 is a letter to the owner early in the job that preserves the right to lien later, and a subcontractor who never sends it cannot perfect a lien at all. This form is the lien, recorded at the county recorder near the end. On a Nevada subcontract you usually need both, in that order.
When exactly does my 90 days start?
On the latest of three dates in NRS 108.226(1)(a): completion of the work of improvement, your last delivery of material or furnishing of equipment for it, or your last performance of work on it. Pick the last one to actually happen, not the first. Warranty callbacks and punch list work are the usual argument, so if the date is close, record early rather than testing it.
Someone recorded a notice of completion. Does that change anything?
Yes, it can cut your deadline to 40 days. NRS 108.226(1)(b) gives you 40 days after the recording of a valid notice of completion, if it was recorded and served in the manner NRS 108.228 requires. That is less than half the normal window, and it can be recorded without you hearing about it, so check the recorder's index on any job that has stopped paying.
Does this form have to be notarized?
It has to be verified by an oath, which in practice means notarized. NRS 108.226(3) requires the notice of lien to be verified by the oath of the lien claimant or some other person, and the form prints the jurat for it. The same subsection says the notice need not be acknowledged to be recorded, so an acknowledgment block is not required on top of the oath.
How do I know whether the 15-day notice of intent applies to my job?
By the building, not by who hired you. NRS 108.226(6) reaches any work of improvement involving the construction, alteration or repair of multifamily or single-family residences, including apartment houses, and exempts only laborers. Subsection 7 says it does not apply to nonresidential construction. So a house, a duplex or an apartment block means serve the 15-day notice on the owner and the reputed prime contractor first. A warehouse or an office fit out means you can record without it.
Where do I record it, and what does it cost?
In the office of the county recorder of the county where the property or some part of it is located, which for most of the state means Clark or Washoe. The recorder sets its own fee schedule and its own margin and formatting rules for recorded documents, so check that office's current fees and requirements before you go. Those are recording rules, not form rules, and NRS 108.226 says nothing about either.
What happens if I record it and then get paid?
You release it. Nevada treats a lien left on record after payment as a live problem, not a formality, and the owner can force the issue. Record a discharge or release with the same recorder, and if payment came with a settlement, sign and record it together so the file closes in one trip.
What if six months pass and I have not sued?
The lien stops binding the property. NRS 108.233(1) is explicit that it must not bind for longer than 6 months after recording unless proceedings are commenced within that time, or the time is extended by a written, acknowledged instrument signed by you and a person in interest and recorded inside the same six months. After the extended time lapses an action may not then be commenced, and no second extension may be given. The underlying debt survives, but the property no longer stands behind it.
Once the job is running and you are getting paid on it, the paperwork that comes next is the waiver: see the Nevada statutory lien waiver forms, and conditional vs unconditional lien waiver for which of the two to sign.