(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 93–Senator O’Donnell

 

February 9, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides that notice of mechanic’s lien must include statement identifying portion of demand to be used to pay sum owed to subcontractor or for labor or materials. (BDR 9‑74)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to liens; providing that a notice of mechanic’s lien must include a statement identifying any portion of the demand that is to be used to pay for any sum owed to a subcontractor or for labor or materials; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 108.226 is hereby amended to read as follows:

1-2    108.226  1.  Every person claiming the benefit of NRS 108.221 to

1-3  108.246, inclusive, must record his notice of lien in the form provided in

1-4  subsection 5:

1-5    (a) Within 90 days after the completion of the work of improvement;

1-6    (b) Within 90 days after the last delivery of material by the lien

1-7  claimant; or

1-8    (c) Within 90 days after the last performance of labor by the lien

1-9  claimant,

1-10  whichever is later.

1-11  2.  The time within which to perfect the lien by recording the notice of

1-12  lien is shortened if a notice of completion is recorded in a timely manner

1-13  pursuant to NRS 108.228, in which event the notice of lien must be

1-14  recorded within 40 days after the recording of the notice of completion.

1-15  3.  Any one of the following acts or events is equivalent to “completion

1-16  of the work of improvement” for all purposes of NRS 108.221 to 108.246,

1-17  inclusive:

1-18  (a) The occupation or use of a building, improvement or structure by the

1-19  owner, his agent or his representative and accompanied by cessation of

1-20  labor thereon.

2-1    (b) The acceptance by the owner, his agent or his representative of the

2-2  building, improvement or structure.

2-3    (c) The cessation from labor for 30 days upon any building,

2-4  improvement or structure, or the alteration, addition to or repair thereof.

2-5    (d) The recording of the notice of completion provided in NRS 108.228.

2-6    4.  For the purposes of this section, if a work of improvement consists

2-7  of the construction of more than one separate building and each building is

2-8  constructed pursuant to:

2-9    (a) A separate contract, each building shall be deemed a separate work

2-10  of improvement. The time within which to perfect the lien by recording the

2-11  notice of lien pursuant to subsection 1 commences to run upon the

2-12  completion of each separate building; or

2-13  (b) A single contract, the time within which to perfect the lien by

2-14  recording the notice of lien pursuant to subsection 1 commences to run

2-15  upon the completion of all the buildings constructed pursuant to that

2-16  contract.

2-17  As used in this subsection, “separate building” means one structure of a

2-18  work of improvement and any garages or other outbuildings appurtenant

2-19  thereto.

2-20  5.  The notice of mechanic’s lien must be recorded in the office of the

2-21  county recorder of the county where the property or some part thereof is

2-22  situated and must contain:

2-23  (a) A statement of his demand after deducting all just credits and

2-24  offsets.

2-25  (b) The name of the owner or reputed owner if known.

2-26  (c) The name of the person by whom he was employed or to whom he

2-27  furnished the material.

2-28  (d) A statement of the terms, time given and conditions of his contract.

2-29  (e) A description of the property to be charged with the lien sufficient

2-30  for identification.

2-31  (f) A statement identifying any portion of his demand that is to be

2-32  used to pay for any sum owed:

2-33      (1) To any subcontractor; or

2-34      (2) For labor or materials.

2-35  6.  The claim must be verified by the oath of the claimant or some other

2-36  person. The claim need not be acknowledged to be recorded.

2-37  7.  It is unlawful for a person knowingly to make a false statement in or

2-38  relating to the recording of a notice of lien pursuant to the provisions of

2-39  this section. A person who violates this subsection is guilty of a gross

2-40  misdemeanor and shall be punished by a fine of not less than $5,000 nor

2-41  more than $10,000.

 

2-42  H