Nevada Business & Law — Section 5: Liens (NRS 108)
Use your NASCLA Contractor’s Guide — Nevada Edition. This section covers who has lien rights, required notices, recording, serving, priority, and enforcement under NRS 108. For the exam, mark every page that contains: definitions, deadlines, documents, and who/when. Where specific day counts appear in your book, highlight and tab those boxes.
1) Who Has Lien Rights? Eligible claimants
Parties
- Prime/General contractor contracting with the owner.
- Subcontractors and material suppliers who furnish to the project.
- Laborers who perform labor for improvement.
- Equipment lessors in some circumstances (mark definitions in your book).
Limits
- Work must be for improvement to real property as defined.
- Unlicensed entities may have restricted rights; verify licensing rules in the guide.
- Residential vs commercial differences may affect required notices and deadlines.
2) Preliminary/Notice Concepts Start the clock
Key Ideas
- Know any preliminary notice or notice of right to lien concepts required for certain tiers.
- Track the date of first and last furnishing of labor/materials.
- Maintain accurate mailing/service proof (certified mail, personal service).
Mark in Book
- Who must give preliminary notice (if applicable), to whom, and by when.
- Content requirements for notices (party names, description, property, amount basis).
- Notice of Completion effects on time periods (tab the timeline graphic).
3) Recording the Lien Where, what, when
Content to Record
- Claimant info, owner info, property description (legal description/assessor’s parcel), first/last furnishing dates.
- Amount claimed and basis; statement that it’s due.
- Verification/acknowledgment per the form in your guide.
Process
- Record with the county recorder where the property is located.
- Observe statutory deadline from last furnishing (highlight the exact day count table in your book).
- Serve a copy on required parties after recording (tab service rules).
4) Enforcing/Foreclosing the Lien Don’t miss the window
- After recording, there is a separate deadline to commence foreclosure/enforcement. Highlight the exact day count in your book.
- Failure to enforce within the period may extinguish the lien.
- Keep copies of contracts, change orders, delivery tickets, daily reports, and accounting to prove the claim.
5) Priority & Funds Who gets paid first?
Priority Basics
- Mechanic’s liens generally relate back to commencement of work on the project as defined.
- Owner’s recorded Notice of Completion can impact timing; highlight the “effect on deadlines” box.
Stop Payment / Withholding
- Owners/GCs may require lien waivers with progress/final payments.
- Conditional vs unconditional waivers — know the difference and when each is appropriate.
Bonded Projects
- Public jobs typically use payment bonds (lien rights differ from private jobs); follow bond claim procedures.
- Bond to release lien may substitute security for the recorded lien (note the process in your book).
6) Owner Protections & Defenses Prevent double payment
- Collect conditional waivers with each pay app; collect unconditional waivers after funds clear.
- Require joint checks or proof of payment to subs/suppliers when appropriate.
- Respond to preliminary notices and keep a payment ledger by tier.
7) Common Errors & Best Practices Exam favorites
- Missing a deadline (recording or enforcement) — mark day counts in your book.
- Wrong property description or party names.
- Using an unconditional waiver before funds clear.
- No written change orders supporting extra work.
Practice Exam — 60 Questions Answers & brief explanations under each
1. A mechanic’s lien is a security interest in:
- Personal property
- Real property improved by labor/materials
- Vehicles
- Tools
Answer
B — It attaches to the improved real property.
2. Which party typically has lien rights?
- Prime contractor
- Subcontractor
- Material supplier
- All of the above, if statutory conditions are met
Answer
D — Multiple tiers may claim if they qualify.
3. A key prerequisite to many lien rights is to:
- Be unlicensed
- Provide required notice/documentation and timely record
- Ignore deadlines
- Use cash only
Answer
B — Notices + timing are crucial.
4. A preliminary notice (if required) is generally used to:
- Terminate a contract
- Alert the owner/lender of potential lien rights
- Replace recording
- Set final completion
Answer
B — Preserves rights and informs paying parties.
5. A lien must be recorded in the:
- City hall
- County recorder where the property is located
- State capitol
- GC’s office
Answer
B — Record in the county of the property.
6. The legal description or assessor’s parcel number is important because it:
- Decorates the claim
- Identifies the property being liened
- Sets payroll
- Sets bond rates
Answer
B — Correctly identify the real property.
7. The “last furnishing” date is used to:
- Pick a logo
- Calculate the recording deadline
- Set retainage
- Determine sales tax
Answer
B — Many statutes run from last furnishing.
8. A Notice of Completion recorded by the owner may:
- Extend all deadlines
- Affect/shorten certain time periods for lien claims
- Void all liens
- Change contract price
Answer
B — Mark the timeline table in your book.
9. After recording the lien, the claimant typically must:
- Serve required parties
- Do nothing further
- Cancel the claim
- Notify the architect only
Answer
A — Service requirements apply.
10. To maintain a lien once recorded, a claimant must:
- Sing a song
- Commence enforcement/foreclosure within the statutory period
- Wait for owner to pay
- File a bid bond
Answer
B — Don’t miss the enforcement window.
11. A conditional lien waiver becomes effective when:
- It is signed
- Funds have cleared per the waiver
- The owner promises payment
- The architect approves
Answer
B — Do not issue unconditional until cleared.
12. An unconditional waiver should be exchanged:
- Before payment clears
- Only after payment has actually cleared
- At bid time
- With the RFI
Answer
B — Otherwise you may waive rights prematurely.
13. On bonded public work, payment disputes are typically addressed by:
- Mechanic’s lien on public property
- Payment bond claim process
- Vehicle lien
- Sales tax refund
Answer
B — Public projects rely on payment bonds.
14. A “bond to release lien” allows:
- Owner to avoid paying
- Substitution of bond security for the property interest
- GC to skip closeout
- Architect to extend warranty
Answer
B — The property is freed; claim attaches to the bond.
15. A claimant who misses the recording deadline generally:
- Keeps full rights
- Loses lien rights
- Gets extra time
- Shifts to LDs
Answer
B — Timeliness is mandatory.
16. Which is not a best practice for lien documentation?
- Daily reports and delivery tickets
- Accurate first/last furnishing logs
- Oral promises only
- Signed change orders
Answer
C — Paper the file.
17. A laborer’s lien typically covers:
- Personal expenses
- Unpaid wages for project labor
- Equipment purchases unrelated to job
- Marketing fees
Answer
B — For labor furnished to the improvement.
18. The owner’s best protection against double payment is to:
- Skip paperwork
- Collect tiered lien waivers with each progress payment
- Pay cash only
- Ignore subs
Answer
B — Track waivers by tier.
19. Priority of mechanic’s liens is generally tied to:
- Bid date
- Commencement of work/improvement as defined
- Permit issuance only
- Architectural style
Answer
B — See the priority rules in your guide.
20. One consequence of using an unapproved business name on invoices is:
- Improved recovery
- Potential dispute or discipline
- Automatic payment
- Tax refund
Answer
B — Keep names consistent with licensing records.
21. Proof of service for lien-related documents should be kept because it:
- Looks nice
- Proves compliance with statutory service requirements
- Sets tax rates
- Is optional
Answer
B — Mailing/hand service proof matters.
22. A supplier’s lien is typically for:
- Tools on unrelated jobs
- Materials actually incorporated/furnished for the improvement
- Employee bonuses
- Office rent
Answer
B — Materials to the project.
23. Which waiver is safest to exchange with the check at pickup?
- Unconditional final
- Conditional progress
- No waiver
- Unconditional progress before deposit
Answer
B — Conditional until funds clear.
24. If an owner records a Notice of Completion, you should:
- Ignore
- Recalculate deadlines based on the statute
- Cancel the lien
- Change scope
Answer
B — It can affect time limits.
25. The best description of a lien foreclosure action is:
- A criminal case
- A civil action to enforce the lien and sell the property interest if necessary
- A tax audit
- An OSHA inspection
Answer
B — Civil enforcement mechanism.
26. A common owner defense is that:
- The property is in another county
- The claim amount exceeds what is due for the work
- The logo is wrong
- The weather was hot
Answer
B — The amount must be proper and due.
27. A lien may include amounts for:
- Non-project expenses
- Work, labor, materials furnished for the improvement
- Future marketing
- Unrelated travel
Answer
B — Tie the claim to the improvement.
28. If a sub has been paid but a supplier hasn’t, the owner should:
- Ignore the supplier
- Require appropriate waivers and consider joint checks
- Pay twice automatically
- Terminate architect
Answer
B — Manage tier payments carefully.
29. A defective property description can lead to:
- Stronger lien
- Invalid lien
- Tax lien
- Automatic bond
Answer
B — Identify the property correctly.
30. Best practice when extra work is requested:
- Proceed without paperwork
- Obtain a written change order before performing
- Send a text only
- Bill later without backup
Answer
B — Supports payment and lien amounts.
31. A claimant who recorded timely must also:
- Serve required parties and enforce within the period
- Wait for holidays
- Change entity type
- Update the website
Answer
A — Both steps matter.
32. A lien attaches to:
- The contractor’s truck
- The improved real property interest
- Personal credit only
- Office furniture
Answer
B — Security interest in the real property.
33. If a payment bond exists on a private job and is used to release liens, claimants may need to:
- File tax returns
- Pursue the bond per bond terms and statute
- Call OSHA
- Submit submittals
Answer
B — Follow the bond claim path.
34. “First furnishing” typically means the date when:
- The contract was signed
- Labor or materials were first provided to the site
- The punch list was made
- Warranty began
Answer
B — Track first/last dates.
35. A claimant should retain evidence of:
- Deliveries, timecards, daily logs, change orders
- Office snacks
- Holiday party invites
- Social media posts
Answer
A — Proof supports the claim.
36. If an unconditional waiver was signed before funds cleared, the risk is:
- No risk
- Rights may be waived without payment
- Faster payment
- Automatic bond
Answer
B — Use conditional until cleared.
37. The owner’s lender may require:
- No documentation
- Title updates and waivers at each draw
- Only emails
- Holidays
Answer
B — Protects against undisclosed liens.
38. “Enforcement” of a lien generally means:
- Serving snacks
- Filing a civil action within the statutory period
- Posting on social media
- Waiting for final completion
Answer
B — Sue to foreclose or as statute directs.
39. A supplier who ships to the contractor’s warehouse (not the site) should:
- Assume it counts
- Verify whether statute requires delivery to the project and keep chain-of-custody documents
- Ignore paperwork
- Bill the owner directly
Answer
B — Confirm how “furnished” is defined.
40. The safest waiver to provide with a wire in transit is:
- Unconditional final
- Conditional progress/final
- No waiver
- Architect’s certificate
Answer
B — Conditional protects until cleared.
41. If multiple liens exceed the property value, distribution typically follows:
- Random order
- Priority and pro rata rules in statute
- Alphabetical order
- Architect’s choice
Answer
B — Statutory priority scheme.
42. Which is most likely not lienable?
- Labor to pour concrete slab
- Materials for framing
- Marketing expenses
- Electrical rough-in
Answer
C — Non-improvement cost.
43. A recorded lien should be:
- Kept secret
- Served on required parties per statute
- Posted on social media
- Shredded
Answer
B — Service is part of the process.
44. A Notice of Non-Responsibility (if applicable in your book) is used by:
- GC to reject change orders
- Owners to disclaim liability for unauthorized work
- Suppliers to claim priority
- Laborers to accelerate
Answer
B — See your guide for usage/limits.
45. If lien rights are waived by contract before work, statutes may:
- Always allow it
- Restrict/void advance waivers (check your guide)
- Require OSHA training
- Set liquidated damages
Answer
B — Many states limit advance waivers; see Nevada specifics.
46. A “progress” waiver generally covers:
- All amounts forever
- Amounts through a stated date/amount only
- No amounts
- Future change orders
Answer
B — Through-date is key.
47. Certified mail receipts are important because they:
- Set tax rates
- Prove mailing/service of required notices
- Replace recording
- Extend deadlines
Answer
B — Evidence of service.
48. A claimant should verify the owner of record because:
- It’s optional
- Wrong owner info can defeat service and validity
- It lowers insurance
- It raises retainage
Answer
B — Accuracy matters.
49. “Relate-back” generally means liens may:
- Relate to bid date
- Relate to project commencement as defined
- Relate to warranty
- Relate to closeout only
Answer
B — Priority concept.
50. Payment made to the GC without obtaining sub/supplier waivers can result in:
- No issue
- Owner exposure to sub/supplier claims
- Tax credits
- Automatic bond
Answer
B — Collect waivers each draw.
51. Equipment rental lien rights (if provided in statute) usually require:
- No documentation
- Proof equipment was used for the improvement and charges unpaid
- Owner signature
- Architect’s oath
Answer
B — Keep logs, tickets, delivery reports.
52. If a lien is bonded off, the claimant should:
- Abandon the claim
- Pursue the surety/bond per statute
- File a tax lien
- Ignore deadlines
Answer
B — Shift claim to the bond security.
53. A “final” waiver should be used:
- At first payment
- When all amounts through final are actually paid
- At bid
- At RFI
Answer
B — Final upon full payment.
54. Failure to include required information in the lien form can:
- Have no effect
- Invalidate the lien
- Extend deadlines
- Increase damages
Answer
B — Follow the statutory form.
55. “Double payment” risk occurs when:
- Owner pays GC and GC fails to pay subs/suppliers
- Owner pays subs directly
- Owner holds retainage
- There is a payment bond
Answer
A — Waivers/joint checks mitigate this.
56. To confirm parcel data for the lien, a claimant may use:
- Guesswork
- Assessor/recorder records
- Social media
- Toolbox stickers
Answer
B — Verify legal description/APN.
57. A residential owner requesting unconditional waivers before funds clear should be given:
- Unconditional anyway
- Conditional waivers until payment clears
- No waiver ever
- Public bond form
Answer
B — Protect rights with conditional forms.
58. A lien for work outside the contract without written authorization is:
- Always valid
- Harder to prove; obtain written change orders
- Guaranteed by statute
- Paid first
Answer
B — Documentation supports lien amount.
59. If the owner disputes the amount, the lien claimant should:
- Inflate the claim
- Maintain accurate support and consider mediation/settlement
- Destroy documents
- Ignore deadlines
Answer
B — Proof plus process.
60. The safest habit to avoid lien problems is to:
- Rely on memory
- Use written contracts/COs, keep precise records, track deadlines, and exchange proper waivers
- Use oral agreements only
- Skip service
Answer
B — Process discipline wins exams and projects.