Services all contractors need since 2010

Nevada Law & Business - Liens

Nevada Law & Business - Liens

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:

  1. Personal property
  2. Real property improved by labor/materials
  3. Vehicles
  4. Tools
Answer

B — It attaches to the improved real property.

2. Which party typically has lien rights?

  1. Prime contractor
  2. Subcontractor
  3. Material supplier
  4. 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:

  1. Be unlicensed
  2. Provide required notice/documentation and timely record
  3. Ignore deadlines
  4. Use cash only
Answer

B — Notices + timing are crucial.

4. A preliminary notice (if required) is generally used to:

  1. Terminate a contract
  2. Alert the owner/lender of potential lien rights
  3. Replace recording
  4. Set final completion
Answer

B — Preserves rights and informs paying parties.

5. A lien must be recorded in the:

  1. City hall
  2. County recorder where the property is located
  3. State capitol
  4. 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:

  1. Decorates the claim
  2. Identifies the property being liened
  3. Sets payroll
  4. Sets bond rates
Answer

B — Correctly identify the real property.

7. The “last furnishing” date is used to:

  1. Pick a logo
  2. Calculate the recording deadline
  3. Set retainage
  4. Determine sales tax
Answer

B — Many statutes run from last furnishing.

8. A Notice of Completion recorded by the owner may:

  1. Extend all deadlines
  2. Affect/shorten certain time periods for lien claims
  3. Void all liens
  4. Change contract price
Answer

B — Mark the timeline table in your book.

9. After recording the lien, the claimant typically must:

  1. Serve required parties
  2. Do nothing further
  3. Cancel the claim
  4. Notify the architect only
Answer

A — Service requirements apply.

10. To maintain a lien once recorded, a claimant must:

  1. Sing a song
  2. Commence enforcement/foreclosure within the statutory period
  3. Wait for owner to pay
  4. File a bid bond
Answer

B — Don’t miss the enforcement window.

11. A conditional lien waiver becomes effective when:

  1. It is signed
  2. Funds have cleared per the waiver
  3. The owner promises payment
  4. The architect approves
Answer

B — Do not issue unconditional until cleared.

12. An unconditional waiver should be exchanged:

  1. Before payment clears
  2. Only after payment has actually cleared
  3. At bid time
  4. With the RFI
Answer

B — Otherwise you may waive rights prematurely.

13. On bonded public work, payment disputes are typically addressed by:

  1. Mechanic’s lien on public property
  2. Payment bond claim process
  3. Vehicle lien
  4. Sales tax refund
Answer

B — Public projects rely on payment bonds.

14. A “bond to release lien” allows:

  1. Owner to avoid paying
  2. Substitution of bond security for the property interest
  3. GC to skip closeout
  4. Architect to extend warranty
Answer

B — The property is freed; claim attaches to the bond.

15. A claimant who misses the recording deadline generally:

  1. Keeps full rights
  2. Loses lien rights
  3. Gets extra time
  4. Shifts to LDs
Answer

B — Timeliness is mandatory.

16. Which is not a best practice for lien documentation?

  1. Daily reports and delivery tickets
  2. Accurate first/last furnishing logs
  3. Oral promises only
  4. Signed change orders
Answer

C — Paper the file.

17. A laborer’s lien typically covers:

  1. Personal expenses
  2. Unpaid wages for project labor
  3. Equipment purchases unrelated to job
  4. Marketing fees
Answer

B — For labor furnished to the improvement.

18. The owner’s best protection against double payment is to:

  1. Skip paperwork
  2. Collect tiered lien waivers with each progress payment
  3. Pay cash only
  4. Ignore subs
Answer

B — Track waivers by tier.

19. Priority of mechanic’s liens is generally tied to:

  1. Bid date
  2. Commencement of work/improvement as defined
  3. Permit issuance only
  4. Architectural style
Answer

B — See the priority rules in your guide.

20. One consequence of using an unapproved business name on invoices is:

  1. Improved recovery
  2. Potential dispute or discipline
  3. Automatic payment
  4. Tax refund
Answer

B — Keep names consistent with licensing records.

21. Proof of service for lien-related documents should be kept because it:

  1. Looks nice
  2. Proves compliance with statutory service requirements
  3. Sets tax rates
  4. Is optional
Answer

B — Mailing/hand service proof matters.

22. A supplier’s lien is typically for:

  1. Tools on unrelated jobs
  2. Materials actually incorporated/furnished for the improvement
  3. Employee bonuses
  4. Office rent
Answer

B — Materials to the project.

23. Which waiver is safest to exchange with the check at pickup?

  1. Unconditional final
  2. Conditional progress
  3. No waiver
  4. Unconditional progress before deposit
Answer

B — Conditional until funds clear.

24. If an owner records a Notice of Completion, you should:

  1. Ignore
  2. Recalculate deadlines based on the statute
  3. Cancel the lien
  4. Change scope
Answer

B — It can affect time limits.

25. The best description of a lien foreclosure action is:

  1. A criminal case
  2. A civil action to enforce the lien and sell the property interest if necessary
  3. A tax audit
  4. An OSHA inspection
Answer

B — Civil enforcement mechanism.

26. A common owner defense is that:

  1. The property is in another county
  2. The claim amount exceeds what is due for the work
  3. The logo is wrong
  4. The weather was hot
Answer

B — The amount must be proper and due.

27. A lien may include amounts for:

  1. Non-project expenses
  2. Work, labor, materials furnished for the improvement
  3. Future marketing
  4. 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:

  1. Ignore the supplier
  2. Require appropriate waivers and consider joint checks
  3. Pay twice automatically
  4. Terminate architect
Answer

B — Manage tier payments carefully.

29. A defective property description can lead to:

  1. Stronger lien
  2. Invalid lien
  3. Tax lien
  4. Automatic bond
Answer

B — Identify the property correctly.

30. Best practice when extra work is requested:

  1. Proceed without paperwork
  2. Obtain a written change order before performing
  3. Send a text only
  4. Bill later without backup
Answer

B — Supports payment and lien amounts.

31. A claimant who recorded timely must also:

  1. Serve required parties and enforce within the period
  2. Wait for holidays
  3. Change entity type
  4. Update the website
Answer

A — Both steps matter.

32. A lien attaches to:

  1. The contractor’s truck
  2. The improved real property interest
  3. Personal credit only
  4. 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:

  1. File tax returns
  2. Pursue the bond per bond terms and statute
  3. Call OSHA
  4. Submit submittals
Answer

B — Follow the bond claim path.

34. “First furnishing” typically means the date when:

  1. The contract was signed
  2. Labor or materials were first provided to the site
  3. The punch list was made
  4. Warranty began
Answer

B — Track first/last dates.

35. A claimant should retain evidence of:

  1. Deliveries, timecards, daily logs, change orders
  2. Office snacks
  3. Holiday party invites
  4. Social media posts
Answer

A — Proof supports the claim.

36. If an unconditional waiver was signed before funds cleared, the risk is:

  1. No risk
  2. Rights may be waived without payment
  3. Faster payment
  4. Automatic bond
Answer

B — Use conditional until cleared.

37. The owner’s lender may require:

  1. No documentation
  2. Title updates and waivers at each draw
  3. Only emails
  4. Holidays
Answer

B — Protects against undisclosed liens.

38. “Enforcement” of a lien generally means:

  1. Serving snacks
  2. Filing a civil action within the statutory period
  3. Posting on social media
  4. 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:

  1. Assume it counts
  2. Verify whether statute requires delivery to the project and keep chain-of-custody documents
  3. Ignore paperwork
  4. Bill the owner directly
Answer

B — Confirm how “furnished” is defined.

40. The safest waiver to provide with a wire in transit is:

  1. Unconditional final
  2. Conditional progress/final
  3. No waiver
  4. Architect’s certificate
Answer

B — Conditional protects until cleared.

41. If multiple liens exceed the property value, distribution typically follows:

  1. Random order
  2. Priority and pro rata rules in statute
  3. Alphabetical order
  4. Architect’s choice
Answer

B — Statutory priority scheme.

42. Which is most likely not lienable?

  1. Labor to pour concrete slab
  2. Materials for framing
  3. Marketing expenses
  4. Electrical rough-in
Answer

C — Non-improvement cost.

43. A recorded lien should be:

  1. Kept secret
  2. Served on required parties per statute
  3. Posted on social media
  4. Shredded
Answer

B — Service is part of the process.

44. A Notice of Non-Responsibility (if applicable in your book) is used by:

  1. GC to reject change orders
  2. Owners to disclaim liability for unauthorized work
  3. Suppliers to claim priority
  4. Laborers to accelerate
Answer

B — See your guide for usage/limits.

45. If lien rights are waived by contract before work, statutes may:

  1. Always allow it
  2. Restrict/void advance waivers (check your guide)
  3. Require OSHA training
  4. Set liquidated damages
Answer

B — Many states limit advance waivers; see Nevada specifics.

46. A “progress” waiver generally covers:

  1. All amounts forever
  2. Amounts through a stated date/amount only
  3. No amounts
  4. Future change orders
Answer

B — Through-date is key.

47. Certified mail receipts are important because they:

  1. Set tax rates
  2. Prove mailing/service of required notices
  3. Replace recording
  4. Extend deadlines
Answer

B — Evidence of service.

48. A claimant should verify the owner of record because:

  1. It’s optional
  2. Wrong owner info can defeat service and validity
  3. It lowers insurance
  4. It raises retainage
Answer

B — Accuracy matters.

49. “Relate-back” generally means liens may:

  1. Relate to bid date
  2. Relate to project commencement as defined
  3. Relate to warranty
  4. Relate to closeout only
Answer

B — Priority concept.

50. Payment made to the GC without obtaining sub/supplier waivers can result in:

  1. No issue
  2. Owner exposure to sub/supplier claims
  3. Tax credits
  4. Automatic bond
Answer

B — Collect waivers each draw.

51. Equipment rental lien rights (if provided in statute) usually require:

  1. No documentation
  2. Proof equipment was used for the improvement and charges unpaid
  3. Owner signature
  4. Architect’s oath
Answer

B — Keep logs, tickets, delivery reports.

52. If a lien is bonded off, the claimant should:

  1. Abandon the claim
  2. Pursue the surety/bond per statute
  3. File a tax lien
  4. Ignore deadlines
Answer

B — Shift claim to the bond security.

53. A “final” waiver should be used:

  1. At first payment
  2. When all amounts through final are actually paid
  3. At bid
  4. At RFI
Answer

B — Final upon full payment.

54. Failure to include required information in the lien form can:

  1. Have no effect
  2. Invalidate the lien
  3. Extend deadlines
  4. Increase damages
Answer

B — Follow the statutory form.

55. “Double payment” risk occurs when:

  1. Owner pays GC and GC fails to pay subs/suppliers
  2. Owner pays subs directly
  3. Owner holds retainage
  4. There is a payment bond
Answer

A — Waivers/joint checks mitigate this.

56. To confirm parcel data for the lien, a claimant may use:

  1. Guesswork
  2. Assessor/recorder records
  3. Social media
  4. Toolbox stickers
Answer

B — Verify legal description/APN.

57. A residential owner requesting unconditional waivers before funds clear should be given:

  1. Unconditional anyway
  2. Conditional waivers until payment clears
  3. No waiver ever
  4. Public bond form
Answer

B — Protect rights with conditional forms.

58. A lien for work outside the contract without written authorization is:

  1. Always valid
  2. Harder to prove; obtain written change orders
  3. Guaranteed by statute
  4. Paid first
Answer

B — Documentation supports lien amount.

59. If the owner disputes the amount, the lien claimant should:

  1. Inflate the claim
  2. Maintain accurate support and consider mediation/settlement
  3. Destroy documents
  4. Ignore deadlines
Answer

B — Proof plus process.

60. The safest habit to avoid lien problems is to:

  1. Rely on memory
  2. Use written contracts/COs, keep precise records, track deadlines, and exchange proper waivers
  3. Use oral agreements only
  4. Skip service
Answer

B — Process discipline wins exams and projects.

Next: Section 6 — Labor, Payroll & HR →