(Reprinted with amendments adopted on April 11, 2003)

 

Senate Bill No. 206–Committee on Judiciary

 

February 25, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions relating to mechanics’ and materialmen’s liens. (BDR 9‑755)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to liens; prohibiting the waiver or modification of rights relating to mechanics’ and materialmen’s liens except under certain circumstances; prohibiting certain provisions in a contract for a work of improvement; making various changes to the provisions relating to mechanics’ and materialmen’s liens; 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. Chapter 108 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 26, inclusive, of this

1-3  act.

1-4  Sec. 2.  “Agent of the owner” means every architect, builder,

1-5  contractor, engineer, geologist, land surveyor, lessee, miner,

1-6  subcontractor or other person having charge or control of the

1-7  property, improvement or work of improvement of the owner, or

1-8  any part thereof.

1-9  Sec. 3.  “Building” means a primary building or other

1-10  superstructure, together with all garages, outbuildings and other

1-11  structures appurtenant thereto.

1-12      Sec. 4.  “Commencement of construction” means the date on

1-13  which:

1-14      1.  Work performed; or

2-1  2.  Materials or equipment furnished in connection with a

2-2  work of improvement,

2-3  is visible from a reasonable inspection of the site.

2-4  Sec. 5.  “Completion of the work of improvement” means:

2-5  1.  The occupation or use by the owner, an agent of the owner

2-6  or a representative of the owner of the work of improvement,

2-7  accompanied by the cessation of all work on the work of

2-8  improvement;

2-9  2.  The acceptance by the owner, an agent of the owner or a

2-10  representative of the owner of the work of improvement,

2-11  accompanied by the cessation of all work on the work of

2-12  improvement; or

2-13      3.  The cessation of all work on a work of improvement for 30

2-14  consecutive days, provided a notice of completion is timely

2-15  recorded and served and the work is not resumed under the same

2-16  contract.

2-17      Sec. 6.  “Contract” means a written or oral agreement,

2-18  including all attachments and amendments thereto, for the

2-19  provision of work, materials or equipment for a work of

2-20  improvement.

2-21      Sec. 7.  (Deleted by amendment.)

2-22      Sec. 8.  “Equipment” means tools, machinery and vehicles,

2-23  furnished or rented, which are used or to be used in the

2-24  construction, alteration or repair of a work of improvement at the

2-25  request of the owner or an agent of the owner.

2-26      Sec. 9.  “Improvement” means the development,

2-27  enhancement or addition to property, by the provision of work,

2-28  materials or equipment. The term includes, without limitation:

2-29      1.  A building, railway, tramway, toll road, canal, water ditch,

2-30  flume, aqueduct, reservoir, bridge, fence, street, sidewalk, fixtures

2-31  or other structure or superstructure;

2-32      2.  A mine or a shaft, tunnel, adit or other excavation,

2-33  designed or used to prospect, drain or work a mine;

2-34      3.  A system for irrigation, plants, sod or other landscaping;

2-35      4.  The demolition or removal of existing improvements, trees

2-36  or other vegetation;

2-37      5.  The drilling of test holes;

2-38      6.  Grading, grubbing, filling or excavating;

2-39      7.  Constructing or installing sewers or other public utilities;

2-40  and

2-41      8.  Constructing a vault, cellar or room under sidewalks or

2-42  making improvements to the sidewalks in front of or adjoining the

2-43  property.

2-44      Sec. 10.  “Lien” means the statutory rights and security

2-45  interest in property or any improvements thereon provided to a

3-1  lien claimant by NRS 108.221 to 108.246, inclusive, and sections 2

3-2  to 26, inclusive, of this act.

3-3  Sec. 11.  “Lienable amount” means the principal amount of a

3-4  lien to which a lien claimant is entitled pursuant to subsection 1 of

3-5  NRS 108.222.

3-6  Sec. 12.  “Lien claimant” means any person who provides

3-7  work, material or equipment with a value of $500 or more to be

3-8  used in or for the construction, alteration or repair of any

3-9  improvement, property or work of improvement. The term

3-10  includes, without limitation, every artisan, builder, contractor,

3-11  laborer, lessor or renter of equipment, materialman, miner,

3-12  subcontractor or other person who provides work, material or

3-13  equipment, and any person who performs services as an architect,

3-14  engineer, land surveyor or geologist, in relation to the

3-15  improvement, property or work of improvement.

3-16      Sec. 13.  “Material” means appliances, equipment,

3-17  machinery and substances affixed, used, consumed or

3-18  incorporated in the improvement of property or the construction,

3-19  alteration or repair of any improvement, property or work of

3-20  improvement.

3-21      Sec. 14.  1.  “Owner” includes:

3-22      (a) The record owner or owners of the property or an

3-23  improvement to the property as evidenced by a conveyance or

3-24  other instrument which transfers that interest to him and is

3-25  recorded in the office of the county recorder in which the

3-26  improvement or the property is located;

3-27      (b) The reputed owner or owners of the property or an

3-28  improvement to the property;

3-29      (c) The owner or owners of the property or an improvement to

3-30  the property, as shown on the records of the county assessor for

3-31  the county where the property or improvement is located;

3-32      (d) The person or persons whose name appears as owner of

3-33  the property or an improvement to the property on the building

3-34  permit; or

3-35      (e) A person who claims an interest in or possesses less than a

3-36  fee simple estate in the property.

3-37      2.  The term does not include:

3-38      (a) A mortgagee;

3-39      (b) A trustee or beneficiary of a deed of trust; or

3-40      (c) The owner or holder of a lien encumbering the property or

3-41  an improvement to the property.

3-42      Sec. 15.  “Notice of lien” means a notice recorded pursuant

3-43  to NRS 108.226 to perfect a lien.

4-1  Sec. 16.  “Prevailing lien claimant” means a lien claimant to

4-2  whom an amount is found due by a trier of fact on a notice of lien

4-3  or a claim against a surety bond.

4-4  Sec. 17.  “Prime contract” means a contract between a prime

4-5  contractor and the owner of property about which the contract

4-6  relates.

4-7  Sec. 18.  “Prime contractor” means a person who contracts

4-8  with an owner of property to provide work, materials or equipment

4-9  to be used for the improvement of the property or in the

4-10  construction, alteration or repair of a work of improvement.

4-11      Sec. 19.  “Principal,” as pertaining to a surety bond, means

4-12  the debtor of the lien claimant or a party in interest in the property

4-13  subject to the lien whose name and signature appear as principal

4-14  on a surety bond.

4-15      Sec. 20.  “Property” means the land, real property or mining

4-16  claim of an owner for which a work of improvement was provided,

4-17  including all buildings, improvements and fixtures thereon, and a

4-18  convenient space on, around and about the same, or so much as

4-19  may be required for the convenient use and occupation thereof.

4-20      Sec. 21.  “Surety” means a corporation authorized to transact

4-21  surety business in this state pursuant to NRS 679A.030 that:

4-22      1.  Is included in the United States Department of the

4-23  Treasury’s Listing of Approved Sureties; and

4-24      2.  Issues a surety bond pursuant to NRS 108.2413 to

4-25  108.2425, inclusive, that does not exceed the underwriting

4-26  limitations established for that surety by the United States

4-27  Department of the Treasury.

4-28      Sec. 22.  “Surety bond” means a bond issued by a surety for

4-29  the release of a lien pursuant to NRS 108.2413 to 108.2425,

4-30  inclusive.

4-31      Sec. 23.  “Work” means the planning, design, geotechnical

4-32  and environmental investigations, surveying, labor and services

4-33  provided by a lien claimant for the construction, alteration or

4-34  repair of any improvement, property or work of improvement

4-35  whether the work is completed or partially completed.

4-36      Sec. 24.  “Work of improvement” means the entire structure

4-37  or scheme of improvement as a whole, including, without

4-38  limitation, all work, materials and equipment to be used in or for

4-39  the construction, alteration or repair of the property or any

4-40  improvement thereon, whether under multiple prime contracts or

4-41  a single prime contract except as follows:

4-42      1.  If a scheme of improvement consists of the construction of

4-43  two or more separate buildings and each building is constructed

4-44  upon a separate legal parcel of land and pursuant to a separate

5-1  prime contract for only that building, then each building shall be

5-2  deemed a separate work of improvement; and

5-3  2.  If the improvement of the site is provided for in a prime

5-4  contract that is separate from all prime contracts for the

5-5  construction of one or more buildings on the property, and if the

5-6  improvement of the site was contemplated by the contracts to be a

5-7  separate work of improvement to be completed before the

5-8  commencement of construction of the buildings, the improvement

5-9  of the site shall be deemed a separate work of improvement from

5-10  the construction of the buildings and the commencement of

5-11  construction of the improvement of the site does not constitute the

5-12  commencement of construction of the buildings. As used in this

5-13  subsection, “improvement of the site” means the development or

5-14  enhancement of the property, preparatory to the commencement

5-15  of construction of a building, and includes:

5-16      (a) The demolition or removal of improvements, trees or other

5-17  vegetation;

5-18      (b) The drilling of test holes;

5-19      (c) Grading, grubbing, filling or excavating;

5-20      (d) Constructing or installing sewers or other public utilities;

5-21  or

5-22      (e) Constructing a vault, cellar or room under sidewalks or

5-23  making improvements to the sidewalks in front of or adjoining the

5-24  property.

5-25      Sec. 25.  1.  Except as otherwise provided in NRS 108.221 to

5-26  108.246, inclusive, and sections 2 to 26, inclusive, of this act, a

5-27  person may not waive or modify a right, obligation or liability set

5-28  forth in the provisions of NRS 108.221 to 108.246, inclusive, and

5-29  sections 2 to 26, inclusive, of this act.

5-30      2.  A condition, stipulation or provision in a contract or other

5-31  agreement for the improvement of property or for the

5-32  construction, alteration or repair of a work of improvement in this

5-33  state that attempts to do any of the following is void:

5-34      (a) Require a lien claimant to waive rights provided by law to

5-35  lien claimants or to limit the rights provided to lien claimants,

5-36  other than as expressly provided in NRS 108.221 to 108.246,

5-37  inclusive, and sections 2 to 26, inclusive, of this act;

5-38      (b) Relieve a person of an obligation or liability imposed by the

5-39  provisions of NRS 108.221 to 108.246, inclusive, and sections 2 to

5-40  26, inclusive, of this act;

5-41      (c) Make the contract or other agreement subject to the laws of

5-42  a state other than this state;

5-43      (d) Require any litigation, arbitration or other process for

5-44  dispute resolution on disputes arising out of the contract or other

5-45  agreement to occur in a state other than this state; or

6-1  (e) Require a contractor or subcontractor to waive a claim the

6-2  contractor or subcontractor may otherwise possess for delay

6-3  damages or an extension of time for delays incurred, for any delay

6-4  which was unreasonable under the circumstances, not within the

6-5  contemplation of the parties at the time the contract was entered

6-6  into, and for which the contractor or subcontractor is not

6-7  responsible.

6-8  Sec. 26.  1.  Any term of a contract that attempts to waive or

6-9  impair the lien rights of a contractor, subcontractor or supplier is

6-10  void. An owner, contractor or subcontractor by any term of a

6-11  contract, or otherwise, may not obtain the waiver of, or impair the

6-12  lien rights of, a contractor, subcontractor or supplier, except as

6-13  provided in this section. Any written consent given by a lien

6-14  claimant that waives or limits his lien rights is unenforceable

6-15  unless the lien claimant:

6-16      (a) Executes and delivers a waiver and release that is signed by

6-17  the lien claimant or his authorized agent in the form set forth in

6-18  this section; and

6-19      (b) In the case of a conditional waiver and release, receives

6-20  payment of the amount identified in the conditional waiver and

6-21  release.

6-22      2.  An oral or written statement purporting to waive, release or

6-23  otherwise adversely affect the rights of a lien claimant is not

6-24  enforceable and does not create any estoppel or impairment of a

6-25  lien unless:

6-26      (a) There is a written waiver and release in the form set forth

6-27  in this section;

6-28      (b) The lien claimant received payment for the lien claim and

6-29  then only to the extent of the payment; or

6-30      (c) Payment has been made to the lien claimant and another

6-31  joint payee by way of a two-party joint check which, upon

6-32  endorsement by the lien claimant and the joint check clearing the

6-33  bank upon which it is drawn, shall be deemed to be payment to the

6-34  lien claimant of:

6-35          (1) The amount of the joint check;

6-36          (2) The amount the owner intended to pay the lien claimant

6-37  out of the joint check; or

6-38          (3) The balance owed to the lien claimant for the work and

6-39  materials covered by the joint check, whichever is less.

6-40      3.  This section does not affect the enforceability of either an

6-41  accord and satisfaction regarding a bona fide dispute or any

6-42  agreement made in settlement of an action pending in any court or

6-43  arbitration, provided the accord and satisfaction or settlement

6-44  make specific reference to the lien rights waived or impaired and

6-45  is in a writing signed by the lien claimant.

7-1  4.  The waiver and release given by any lien claimant is

7-2  unenforceable unless it is in the following forms in the following

7-3  circumstances:

7-4  (a) Where the lien claimant is required to execute a waiver and

7-5  release in exchange for or to induce the payment of a progress

7-6  billing and the lien claimant is not in fact paid in exchange for the

7-7  waiver and release or a single payee check or joint payee check is

7-8  given in exchange for the waiver and release, the waiver and

7-9  release must be in the following form:

 

7-10  CONDITIONAL WAIVER AND RELEASE

7-11  UPON PROGRESS PAYMENT

 

7-12  Property Name:................................................

7-13  Property Location:...........................................

7-14  Undersigned’s Customer:...............................

7-15  Invoice/Payment Application Number:.........

7-16  Payment Amount:............................................

7-17  Payment Period:...............................................

7-18      Upon receipt by the undersigned of a check in the above

7-19  referenced Payment Amount payable to the undersigned, and

7-20  when the check has been properly endorsed and has been paid by

7-21  the bank on which it is drawn, this document becomes effective to

7-22  release and the undersigned shall be deemed to waive any notice

7-23  of lien, any private bond right, any claim for payment and any

7-24  rights under any similar ordinance, rule or statute related to

7-25  payment rights that the undersigned has on the above described

7-26  Property to the following extent:

7-27      This release covers a progress payment for all work, materials

7-28  or equipment furnished by the undersigned to the Property or to

7-29  the Undersigned’s Customer, for only the Payment Amount or

7-30  such portion of the Payment Amount as the undersigned is

7-31  actually paid, and does not cover any retention withheld, any

7-32  items, modifications or changes pending approval, disputed items

7-33  and claims, or items furnished or invoiced after the Payment

7-34  Period. Before any recipient of this document relies on it, he

7-35  should verify evidence of payment to the undersigned. The

7-36  undersigned warrants that he either has already paid or will use

7-37  the money he receives from this progress payment promptly to pay

7-38  in full all his laborers, subcontractors, materialmen and suppliers

7-39  for all work, materials or equipment that are the subject of this

7-40  waiver and release.

 

7-41  Dated:.................

 

8-1                                                                               ...........................

8-2                                                       (Company Name)

 

8-3                                                    By:.....................

 

8-4                                                    Its:.....................

 

8-5  (b) Where the lien claimant has been paid in full or a part of

8-6  the amount provided for in the progress billing, the waiver and

8-7  release of the amount paid must be in the following form:

 

8-8  UNCONDITIONAL WAIVER AND RELEASE

8-9  UPON PROGRESS PAYMENT

 

8-10  Property Name:................................................

8-11  Property Location:...........................................

8-12  Undersigned’s Customer:...............................

8-13  Invoice/Payment Application Number:.........

8-14  Payment Amount:............................................

8-15  Payment Period:...............................................

 

8-16      The undersigned has been paid and has received a progress

8-17  payment in the above referenced Payment Amount for all work,

8-18  materials and equipment the undersigned furnished to his

8-19  Customer for the above described Property and does hereby waive

8-20  and release any notice of lien, any private bond right, any claim

8-21  for payment and any rights under any similar ordinance, rule or

8-22  statute related to payment rights that the undersigned has on the

8-23  above described Property to the following extent:

8-24      This release covers a progress payment for all work, materials

8-25  and equipment furnished by the undersigned to the Property or to

8-26  the Undersigned’s Customer, for only the Payment Amount or

8-27  such portion of the Payment Amount as the undersigned is

8-28  actually paid, and does not cover any retention withheld, any

8-29  items, modifications or changes pending approval, disputed items

8-30  and claims, or items furnished or invoiced after the Payment

8-31  Period. The undersigned warrants that he either has already paid

8-32  or will use the money he receives from this progress payment

8-33  promptly to pay in full all his laborers, subcontractors,

8-34  materialmen and suppliers for all work, materials or equipment

8-35  that are the subject of this waiver and release.

 

8-36  Dated:.................

8-37                                                                               ...........................

8-38                                                       (Company Name)

9-1                                                    By:.....................

 

9-2                                                    Its:.....................

 

9-3  (Each unconditional waiver and release must contain the

9-4  following language, in type at least as large as the largest type

9-5  otherwise on the document:)

 

9-6  Notice: This document waives rights unconditionally and states

9-7  that you have been paid for giving up those rights. This document

9-8  is enforceable against you if you sign it to the extent of the

9-9  Payment Amount or the amount received. If you have not been

9-10  paid, use a conditional release form.

9-11      (c) Where the lien claimant is required to execute a waiver and

9-12  release in exchange for or to induce payment of a final billing

9-13  and the lien claimant is not paid in exchange for the waiver and

9-14  release or a single payee check or joint payee check is given in

9-15  exchange for the waiver and release, the waiver and release must

9-16  be in the following form:

 

9-17  CONDITIONAL WAIVER AND RELEASE

9-18  UPON FINAL PAYMENT

 

9-19  Property Name:................................................

9-20  Property Location:...........................................

9-21  Undersigned’s Customer:...............................

9-22  Invoice/Payment Application Number:.........

9-23  Payment Amount:............................................

9-24  Payment Period:...............................................

9-25  Amount of Disputed Claims:..........................

 

9-26      Upon receipt by the undersigned of a check in the above

9-27  referenced Payment Amount payable to the undersigned, and

9-28  when the check has been properly endorsed and has been paid by

9-29  the bank on which it is drawn, this document becomes effective to

9-30  release and the undersigned shall be deemed to waive any notice

9-31  of lien, any private bond right, any claim for payment and any

9-32  rights under any similar ordinance, rule or statute related to

9-33  payment rights that the undersigned has on the above described

9-34  Property to the following extent:

9-35      This release covers the final payment to the undersigned for all

9-36  work, materials or equipment furnished by the undersigned to the

9-37  Property or to the Undersigned’s Customer and does not cover

9-38  payment for Disputed Claims, if any. Before any recipient of this

9-39  document relies on it, he should verify evidence of payment to the

10-1  undersigned. The undersigned warrants that he either has already

10-2  paid or will use the money he receives from the final payment

10-3  promptly to pay in full all his laborers, subcontractors,

10-4  materialmen and suppliers for all work, materials or equipment

10-5  that are the subject of this waiver and release.

 

10-6  Dated:.................

10-7                                                                               ...........................

10-8                                                       (Company Name)

 

10-9                                                   By:.....................

 

10-10                                                  Its:.....................

 

10-11     (d) Where the lien claimant has been paid the final billing, the

10-12  waiver and release must be in the following form:

 

10-13  UNCONDITIONAL WAIVER AND RELEASE

10-14  UPON FINAL PAYMENT

 

10-15  Property Name:...............................................

10-16  Property Location:..........................................

10-17  Undersigned’s Customer:..............................

10-18  Invoice/Payment Application Number:........

10-19  Payment Amount:...........................................

10-20  Amount of Disputed Claims:.........................

 

10-21     The undersigned has been paid in full for all work, materials

10-22  and equipment furnished to his Customer for the above described

10-23  Property and does hereby waive and release any notice of lien, any

10-24  private bond right, any claim for payment and any rights under

10-25  any similar ordinance, rule or statute related to payment rights

10-26  that the undersigned has on the above described Property, except

10-27  for the payment of Disputed Claims, if any, noted above. The

10-28  undersigned warrants that he either has already paid or will use

10-29  the money he receives from this final payment promptly to pay in

10-30  full all his laborers, subcontractors, materialmen and suppliers for

10-31  all work, materials and equipment that are the subject of this

10-32  waiver and release.

 

10-33  Dated:................

 

10-34                                                                              ...........................

10-35                                                      (Company Name)

 

11-1                                                   By:.....................

 

11-2                                                   Its:.....................

 

11-3  (Each unconditional waiver and release must contain the

11-4  following language, in type at least as large as the largest type

11-5  otherwise on the document:)

 

11-6  Notice: This document waives rights unconditionally and states

11-7  that you have been paid for giving up those rights. This document

11-8  is enforceable against you if you sign it, even if you have not been

11-9  paid. If you have not been paid, use a conditional release form.

11-10     (e) Notwithstanding any language in any waiver and release

11-11  form set forth in this section, if the payment given in exchange for

11-12  any waiver and release of lien is made by check, draft or other

11-13  such negotiable instrument, and the same fails to clear the bank

11-14  on which it is drawn for any reason, then the waiver and release

11-15  shall be deemed null, void and of no legal effect whatsoever and

11-16  all liens, lien rights, bond rights, contract rights or any other right

11-17  to recover payment afforded to the lien claimant in law or equity

11-18  will not be affected by the lien claimant’s execution of the waiver

11-19  and release.

11-20     Sec. 27.  NRS 108.221 is hereby amended to read as follows:

11-21     108.221  As used in NRS 108.221 to 108.246, inclusive, and

11-22  sections 2 to 26, inclusive, of this act, unless the context otherwise

11-23  requires, [“work of improvement” or “improvement” means the

11-24  entire structure or scheme of improvement as a whole.] the words

11-25  and terms defined in sections 2 to 24, inclusive, of this act have the

11-26  meanings ascribed to them in those sections.

11-27     Sec. 28.  NRS 108.222 is hereby amended to read as follows:

11-28     108.222  1.  Except as otherwise provided in subsection 2, a

11-29  [person who performs labor upon or furnishes material of the value

11-30  of $500 or more, to be used in the construction, alteration or repair

11-31  of any building, or other superstructure, railway, tramway, toll road,

11-32  canal, water ditch, flume, aqueduct or reservoir, bridge, fence or any

11-33  other structure,] lien claimant has a lien upon the [premises and any

11-34  building, structure and improvement thereon] property and any

11-35  improvements for which the work and materials were furnished

11-36  for:

11-37     (a) If the parties entered into a contract, the unpaid balance of

11-38  the price agreed upon for[; or

11-39     (b) In absence of] the work performed and the material and

11-40  equipment furnished or rented, as the case may be, whether

11-41  performed or furnished at the instance of the owner or his agent;

11-42  or

12-1      (b) If a specific price for some or all the work, material or

12-2  equipment is not set forth in a contract, an amount equal to the fair

12-3  market value of,

12-4  the [labor performed or] work performed and the material and

12-5  equipment furnished or rented, as the case may be, by [each

12-6  respectively,] the lien claimant, including a reasonable allowance

12-7  for overhead and a profit, whether performed or furnished at the

12-8  instance of the owner [of the building or other improvement,] or at

12-9  the instance of his agent.

12-10     2.  If a [license is required for the work, only a contractor

12-11  licensed pursuant to chapter 624 of NRS, an employee of such a

12-12  contractor or a person who furnishes material to be used in the

12-13  project may have a lien as described in subsection 1.

12-14     3.  All miners, laborers and others who perform labor to the

12-15  amount of $500 or more in or upon any mine, or upon any shaft,

12-16  tunnel, adit or other excavation, designed or used to prospect, drain

12-17  or work the mine, and all persons who furnish any timber or other

12-18  material, of the value of $500 or more, to be used in or about a

12-19  mine, whether performed or furnished at the instance of the owner

12-20  of the mine or his agent, have, and may each respectively claim and

12-21  hold, a lien upon that mine for:

12-22     (a) If the parties entered into a contract, the unpaid balance of

12-23  the price agreed upon for; or

12-24     (b) In absence of a contract, an amount equal to the fair market

12-25  value of,

12-26  the labor so performed or material furnished, including a reasonable

12-27  allowance for overhead and a profit.

12-28     4.  Every contractor, subcontractor, engineer, land surveyor,

12-29  geologist, architect, builder or other person having charge or control

12-30  of any mining claim, or any part thereof, or of the construction,

12-31  alteration or repair, either in whole or in part, of any building or

12-32  other improvement, as these terms are used in subsection 1, shall be

12-33  held to be the agent of the owner, for the purposes of NRS 108.221

12-34  to 108.246, inclusive.] contractor or a professional is required to

12-35  be licensed pursuant the provisions of NRS to perform his work,

12-36  the contractor or professional will only have a lien pursuant to

12-37  subsection 1 if he is licensed to perform the work.

12-38     Sec. 29.  NRS 108.225 is hereby amended to read as follows:

12-39     108.225  1.  The liens provided for in NRS 108.221 to

12-40  108.246, inclusive, and sections 2 to 26, inclusive, of this act are

12-41  preferred to:

12-42     (a) Any lien, mortgage or other encumbrance which may have

12-43  attached to the property after the [time when the building,

12-44  improvement or structure was commenced, work done, or materials

13-1  were commenced to be furnished.] commencement of construction

13-2  of a work of improvement.

13-3      (b) Any lien, mortgage or other encumbrance of which the

13-4  [lienholder] lien claimant had no notice and which was unrecorded

13-5  against the property at the [time the building, improvement or

13-6  structure was commenced, work done, or the materials were

13-7  commenced to be furnished.

13-8  For the purposes of this subsection, “work done” does not include

13-9  any work commenced before on-site construction has started.

13-10     2.  Except as otherwise provided in subsection 3, every]

13-11  commencement of construction of a work of improvement.

13-12     2.  Every mortgage or encumbrance imposed upon, or

13-13  conveyance made of, property affected by the liens provided for in

13-14  NRS 108.221 to 108.246, inclusive, [between the time when the

13-15  building, improvement, structure or work thereon was commenced,

13-16  or the materials thereof were commenced to be furnished, and the

13-17  expiration of the time fixed in NRS 108.221 to 108.246, inclusive,

13-18  in which liens therefor may be recorded, whatever the terms of

13-19  payment may be,] and sections 2 to 26, inclusive, of this act after

13-20  the commencement of construction of a work of improvement are

13-21  subordinate and subject to the liens [in full authorized] provided for

13-22  in NRS 108.221 to 108.246, inclusive, and sections 2 to 26,

13-23  inclusive, of this act regardless of the date of recording the notices

13-24  of liens.

13-25     [3.  If any improvement at the site is provided for in a contract

13-26  that is separate from any contract for the construction of a building

13-27  or other structure, the improvement at the site shall be deemed a

13-28  separate work of improvement and the commencement thereof does

13-29  not constitute the commencement of the construction of the building

13-30  or other structure. As used in this subsection, “improvement at the

13-31  site” means:

13-32     (a) The demolition or removal of improvements, trees or other

13-33  vegetation from;

13-34     (b) The drilling of test holes in;

13-35     (c) Grading, filling or otherwise improving; or

13-36     (d) Constructing or installing sewers or other public utilities

13-37  on,

13-38  any lot or tract of land or the street, highway or sidewalk in front of

13-39  or adjoining any lot or tract of land. The term includes the

13-40  construction of any vaults, cellars or rooms under the sidewalks or

13-41  making improvements to the sidewalks in front of or adjoining any

13-42  tract of land.]

13-43     Sec. 30.  NRS 108.226 is hereby amended to read as follows:

13-44     108.226  1.  [Every person claiming the benefit of NRS

13-45  108.221 to 108.246, inclusive,] To perfect his lien, a lien claimant

14-1  must record his notice of lien in the office of the county recorder of

14-2  the county where the property or some part thereof is located in

14-3  the form provided in subsection 5:

14-4      (a) Within 90 days after the date on which the latest of the

14-5  following occurs:

14-6          (1) The completion of the work of improvement;

14-7      [(b) Within 90 days after the]

14-8          (2) The last delivery of material or furnishing of equipment

14-9  by the lien claimant[; or

14-10     (c) Within 90 days after the] for the work of improvement; or

14-11         (3) The last performance of [labor] work by the lien

14-12  claimant[,

14-13  whichever is later.

14-14     2.  The time within which to perfect the lien by recording the

14-15  notice of lien is shortened if a] for the work of improvement; or

14-16     (b) Within 40 days after the recording of a valid notice of

14-17  completion, if the notice of completion is recorded [in a timely] and

14-18  served in the manner required pursuant to NRS 108.228 . [, in

14-19  which event the notice of lien must be recorded within 40 days after

14-20  the recording of the notice of completion.

14-21     3.  Any one of the following acts or events is equivalent to

14-22  “completion of the work of improvement” for all purposes of NRS

14-23  108.221 to 108.246, inclusive:

14-24     (a) The occupation or use of a building, improvement or

14-25  structure by the owner, his agent or his representative and

14-26  accompanied by cessation of labor thereon.

14-27     (b) The acceptance by the owner, his agent or his representative

14-28  of the building, improvement or structure.

14-29     (c) The cessation from labor for 30 days upon any building,

14-30  improvement or structure, or the alteration, addition to or repair

14-31  thereof.

14-32     (d) The recording of the notice of completion provided in

14-33  NRS 108.228.

14-34     4.  For the purposes of this section, if a work of improvement

14-35  consists of the construction of more than one separate building and

14-36  each building is constructed pursuant to:

14-37     (a) A separate contract, each building shall be deemed a separate

14-38  work of improvement. The time within which to perfect the lien by

14-39  recording the notice of lien pursuant to subsection 1 commences to

14-40  run upon the completion of each separate building; or

14-41     (b) A single contract, the time within which to perfect the lien

14-42  by recording the notice of lien pursuant to subsection 1 commences

14-43  to run upon the completion of all the buildings constructed pursuant

14-44  to that contract.

15-1  As used in this subsection, “separate building” means one structure

15-2  of a work of improvement and any garages or other outbuildings

15-3  appurtenant thereto.

15-4      5.] 2. The notice of [mechanic’s lien must be recorded in the

15-5  office of the county recorder of the county where the property or

15-6  some part thereof is situated and] lien must contain:

15-7      (a) A statement of [his demand] the lienable amount after

15-8  deducting all just credits and offsets.

15-9      (b) The name of the owner [or reputed owner] if known.

15-10     (c) The name of the person by whom he was employed or to

15-11  whom he furnished the material.

15-12     (d) A brief statement of the terms[, time given and conditions]

15-13  of payment of his contract.

15-14     (e) A description of the property to be charged with the notice of

15-15  lien sufficient for identification.

15-16     [6.  The claim]

15-17     3.  The notice of lien must be verified by the oath of the lien

15-18  claimant or some other person. The [claim] notice of lien need not

15-19  be acknowledged to be recorded.

15-20     [7.] 4. It is unlawful for a person knowingly to make a false

15-21  statement in or relating to the recording of a notice of lien pursuant

15-22  to the provisions of this section. A person who violates this

15-23  subsection is guilty of a gross misdemeanor and shall be punished

15-24  by a fine of not less than $5,000 nor more than $10,000.

15-25     5.  A notice of lien must be substantially in the following

15-26  form:

 

15-27  Assessor’s Parcel Numbers

 

15-28  NOTICE OF LIEN

 

15-29  The undersigned claims a lien upon the property described in this

15-30  notice for work, materials or equipment furnished for the

15-31  improvement of the property:

 

15-32  1.  The amount of the original contract is: $..

15-33  2.  The total amount of all changes and additions, if any, is: $ 

15-34  3.  The total amount of all payments received to date is: $  

15-35  4.  The amount of the lien, after deducting all just credits and

15-36  offsets, is: $......................................................

15-37  5.  The name of the owner, if known, of the property is:  

15-38  6.  The name of the person by whom the lien claimant was

15-39  employed or to whom the lien claimant furnished work, materials

15-40  or equipment is: ..............................................

16-1  7.  A brief statement of the terms of payment of the lien

16-2  claimant’s contract is: ....................................

16-3  ............................................................................

16-4  8.  A description of the property to be charged with the lien is:   

 

16-5                                                                               ........................................

16-6                      (Print Name of Lien Claimant)

 

16-7                                   By:....................................

16-8                                (Authorized Signature)

 

16-9  State of ................... )

16-10                                       ) ss.

16-11  County of ............... )

 

16-12  .......................  (print name), being first duly sworn on

16-13  oath according to law, deposes and says:

16-14     I have read the foregoing Notice of Lien, know the contents

16-15  thereof and state that the same is true of my own personal

16-16  knowledge, except those matters stated upon information and

16-17  belief, and, as to those matters, I believe them to be true.

 

16-18                                                                              .................................................

16-19       (Authorized Signature of Lien Claimant)

16-20  Subscribed and sworn to before me

16-21  this .  day of the month of ....  of the year ....

 

16-22  ........................................................

16-23                 Notary Public in and for

16-24                the County and State

16-25     6.  If a work of improvement involves the construction,

16-26  alteration or repair of multifamily or single-family residences, a

16-27  lien claimant, except laborers, must serve a 15-day notice of intent

16-28  to lien incorporating substantially the same information required

16-29  in a notice of lien upon both the owner and the prime contractor

16-30  before recording a notice of lien. Service of the notice of intent to

16-31  lien must be by personal delivery or certified mail and will extend

16-32  the time for recording the notice of lien described in subsection 1

16-33  by 15 days. A notice of lien for materials or equipment furnished

16-34  or for work or services performed, except labor, for a work of

16-35  improvement involving the construction, alteration or repair of

16-36  multifamily or single-family residences may not be perfected or

16-37  enforced pursuant to NRS 108.221 to 108.246, inclusive, and

16-38  sections 2 to 26, inclusive, of this act, unless the 15-day notice of

16-39  intent to lien has been given.

17-1      Sec. 31.  NRS 108.227 is hereby amended to read as follows:

17-2      108.227  1.  In addition to the requirements of NRS 108.226, a

17-3  copy of the [claim] notice of lien must be served upon the [record]

17-4  owner of the property within 30 days after recording the notice of

17-5  lien, in one of the following ways:

17-6      (a) By personally delivering a copy of the notice of lien to the

17-7  [record owner personally;

17-8      (b) If he is absent from his place of residence, or from his usual

17-9  place of business, by leaving a copy with some person of suitable

17-10  age and discretion at either place and mailing a copy addressed to

17-11  the record owner at his place of residence or place of business; or

17-12     (c) If his] owner or resident agent of the owner;

17-13     (b) By mailing a copy of the notice of lien by certified mail

17-14  return receipt requested to the owner at his place of resident or his

17-15  usual place of business or to the resident agent of the owner at the

17-16  address of the resident agent; or

17-17     (c) If the place of residence or business of the owner and the

17-18  address of the resident agent of the owner, if applicable, cannot be

17-19  [ascertained, or a person of suitable age or discretion cannot be

17-20  found there,] determined, by:

17-21         (1) Fixing a copy of the notice of lien in a conspicuous place

17-22  on the property;

17-23         (2) Delivering a copy of the notice of lien to a person there

17-24  residing, if such a person can be found; and

17-25         (3) Mailing a copy of the notice of lien addressed to the

17-26  [record] owner at [the] :

17-27             (I) The place where the property is [situated.

17-28     2.  Failure] located;

17-29             (II) The address of the owner as identified in the deed;

17-30             (III) The address identified in the records of the office

17-31  of the county assessor; or

17-32             (IV) The address identified in the records of the county

17-33  recorder of the county in which the property is located.

17-34     2.  If there is more than one owner, failure to serve a copy of

17-35  the [claim] notice of lien upon a particular [record] owner does not

17-36  invalidate a [claim based on a valid service] notice of lien if

17-37  properly served upon another [record] owner.

17-38     3.  [As used in this section, “record owner” means any person

17-39  who holds an interest in real property or any improvement thereon

17-40  evidenced by a conveyance or other instrument which transfers that

17-41  interest to him and is recorded in the office of the county recorder of

17-42  the county in which the real property is located, but does not

17-43  include:

17-44     (a) A mortgagee;

17-45     (b) A trustee under, or a beneficiary of, a deed of trust; or

18-1      (c) The owner or holder of a lien encumbering real property or

18-2  any improvement thereon.] Each subcontractor who participates in

18-3  the construction, improvement, alteration or repair of a work of

18-4  improvement shall deliver a copy of each notice of lien required by

18-5  NRS 108.226 to the prime contractor. The failure of a

18-6  subcontractor to deliver the notice to the prime contractor is a

18-7  ground for disciplinary proceedings pursuant to chapter 624 of

18-8  NRS.

18-9      Sec. 32.  NRS 108.2275 is hereby amended to read as follows:

18-10     108.2275  1.  The debtor of the lien claimant or a party in

18-11  interest in the [premises] property subject to the notice of lien who

18-12  believes the notice of lien is frivolous and was made without

18-13  reasonable cause, or that the amount of the lien is excessive, may

18-14  apply by motion to the district court for the county where the

18-15  property or some part thereof is [situated] located for an order

18-16  directing the lien claimant to appear before the court to show cause

18-17  why the relief requested should not be granted.

18-18     2.  The motion must [set] :

18-19     (a) Set forth in detail the legal and factual grounds upon which

18-20  relief is requested ; and [must be]

18-21     (b) Be supported by [the affidavit of] :

18-22         (1) A notarized affidavit signed by the applicant [or his

18-23  attorney] setting forth a concise statement of the facts upon which

18-24  the motion is based[.] ; and

18-25         (2) Documentary evidence in support of the affidavit, if

18-26  any.

18-27     3.  If the court issues an order for a hearing, the applicant shall

18-28  serve notice of the application and order of the court on the lien

18-29  claimant within 3 days after the court issues the order. The court

18-30  shall conduct the hearing within not less than [10] 15 days or more

18-31  than [20] 30 days after the court issues the order[.

18-32     2.] for a hearing.

18-33     4. The order for a hearing must include a statement that if the

18-34  lien claimant fails to appear at the time and place noted, the notice

18-35  of lien will be released with prejudice and the lien claimant will be

18-36  ordered to pay the reasonable costs [requested by] the applicant[,

18-37  including reasonable attorney’s fees.

18-38     3.] incurs in bringing the motion, including reasonable

18-39  attorney’s fees.

18-40     5. If, at the time the application is filed, an action to foreclose

18-41  the notice of lien has not been filed, the clerk of the court shall

18-42  assign a number to the application and obtain from the applicant a

18-43  filing fee of $85. If an action has been filed to foreclose the notice

18-44  of lien before the application was filed pursuant to this section, the

19-1  application must be made a part of the action to foreclose the notice

19-2  of lien.

19-3      [4.] 6. If, after a hearing on the matter, the court determines

19-4  that:

19-5      (a) The notice of lien is frivolous and was made without

19-6  reasonable cause, the court [may] shall make an order releasing the

19-7  lien and awarding costs and reasonable attorney’s fees to the

19-8  applicant[.] for bringing the motion.

19-9      (b) The amount of the notice of lien is excessive, the court may

19-10  make an order reducing the notice of lien to an amount deemed

19-11  appropriate by the court and awarding costs and reasonable

19-12  attorney’s fees to the applicant[.] for bringing the motion.

19-13     (c) The notice of lien is not frivolous and was made with

19-14  reasonable cause [and] or that the amount of the notice of lien is not

19-15  excessive, the court [may] shall make an order awarding costs and

19-16  reasonable attorney’s fees to the lien claimant[.

19-17     5.] for defending the motion.

19-18     7. Proceedings conducted pursuant to this section do not affect

19-19  any other rights and remedies otherwise available to the parties.

19-20     [6.] 8. An appeal may be taken [by either party] from an order

19-21  made pursuant to subsection [4.] 6.

19-22     [7.] 9. If an order releasing or reducing a notice of lien is

19-23  entered by the court, and the order is not stayed, the [lien claimant

19-24  shall, within 2] applicant may, within 5 days after the order is

19-25  entered, record a certified copy of the order in the office of the

19-26  county recorder of the county where the property or some part

19-27  thereof is [situated.] located. The recording of a certified copy of the

19-28  order releasing or reducing a notice of lien is notice to any

19-29  interested party that the notice of lien has been released or reduced.

19-30     Sec. 33.  NRS 108.228 is hereby amended to read as follows:

19-31     108.228  1.  The owner may record a notice of completion

19-32  after[:

19-33     (a) The] the completion of [any] the work of improvement . [; or

19-34     (b) There has been a cessation from labor thereon for a period of

19-35  30 days.]

19-36     2.  The notice of completion must be recorded in the office of

19-37  the county recorder of the county where the property is [situated]

19-38  located and must set forth:

19-39     (a) The date [when the work of improvement was completed, or

19-40  the date on which cessation from labor occurred first and the period

19-41  of its duration.] of completion of the work of improvement.

19-42     (b) The owner’s name or owners’ names, as the case may be, the

19-43  address of the owner or addresses of the owners, as the case may be,

19-44  and the nature of the title, if any, of the person signing the notice.

19-45     (c) A description of the property sufficient for identification.

20-1      (d) The name of the prime contractor[,] or names of the prime

20-2  contractors, if any.

20-3      3.  The notice must be verified by the owner or by some other

20-4  person on his behalf. The notice need not be acknowledged to be

20-5  recorded.

20-6      4.  Upon recording the notice pursuant to this section, the owner

20-7  shall, within 10 days after the notice is recorded, deliver a copy of

20-8  the notice by certified mail, to:

20-9      (a) [Any general] Each prime contractor with whom the owner

20-10  contracted for all or part of the work of improvement.

20-11     (b) [Any person] Each potential lien claimant who, before the

20-12  notice was recorded pursuant to this section, either submitted a

20-13  request to the owner to receive the notice[.] or delivered a

20-14  preliminary notice of right to lien pursuant to NRS 108.245.

20-15     5.  The failure of the owner to deliver a copy of the notice of

20-16  completion in the time and manner provided in this section

20-17  renders the notice of completion ineffective with respect to each

20-18  prime contractor and lien claimant to whom a copy was required

20-19  to be delivered pursuant to subsection 4.

20-20     Sec. 34.  NRS 108.229 is hereby amended to read as follows:

20-21     108.229  1.  At any time before or during the trial of any

20-22  action to foreclose a lien, a lien claimant may record an amended

20-23  notice of lien to correct or clarify his notice of lien. The lien

20-24  claimant shall serve the owner of the property with an amended

20-25  notice of lien in the same manner as required for serving a notice

20-26  of lien pursuant to NRS 108.227 and within 30 days after

20-27  recording the amended notice of lien. A variance between a notice

20-28  of lien and an amended notice of lien does not defeat the lien and

20-29  shall not be deemed material unless the variance:

20-30     (a) Results from fraud or is made intentionally; or

20-31     (b) Misleads an adverse party to his prejudice, but then only

20-32  with respect to the adverse party who was prejudiced.

20-33     2.  Upon the trial of any action or suit to foreclose [such lien

20-34  no] a lien, a variance between the lien and the proof [shall] does not

20-35  defeat the lien [or] and shall not be deemed material unless the

20-36  [same results] variance:

20-37     (a) Results from fraud or is made intentionally[, or has misled]

20-38  ; or

20-39     (b) Misleads the adverse party to his prejudice, but [in] then

20-40  only with respect to the adverse party who was prejudiced.

20-41  In all cases of immaterial variance the [claim] notice of lien may be

20-42  amended, by amendment duly recorded, to conform to the proof.

20-43     [2.  No]

20-44     3.  An error or mistake in the name of the owner [or reputed

20-45  owner] contained in any [claim] notice of lien [shall be held to] does

21-1  not defeat the lien, unless a correction of the notice of lien in [this] a

21-2  particular instance would prejudice the rights of an innocent bona

21-3  fide purchaser or encumbrancer for value[.

21-4      3.] , but then only with respect to the bona fide purchaser or

21-5  encumbrancer for value who was prejudiced.

21-6      4. Upon the trial, [however,] if it [shall appear] appears that an

21-7  error or mistake has been made in the name of the owner [or reputed

21-8  owner,] or that the wrong person has been named as owner [or

21-9  reputed owner] in any [such claim] notice of lien, the court shall

21-10  order an amended [claim] notice of lien to be recorded with the

21-11  county recorder where the original [claim] notice of lien was

21-12  recorded[,] and shall issue to the person who is so made to appear

21-13  to be the original [or reputed] owner a notice directing [such] the

21-14  person or persons to be and appear before the court within the same

21-15  time as is provided by Nevada Rules of Civil Procedure for the

21-16  appearance in other actions after the service of summons, which

21-17  notice [shall] must be served in all respects as a summons is

21-18  required to be served, and to show cause why:

21-19     (a) He should not be substituted[,] as the correct owner in the

21-20  [claim] notice of lien and in the suit, in lieu of the person so made

21-21  defendant and alleged to be owner [or reputed owner] by mistake.

21-22     (b) He should not be bound by the judgment or decree of the

21-23  court. Such proceedings [shall] must be had therein as though

21-24  the party so cited to appear had been an original party defendant in

21-25  the action or suit, and originally named in the [claim] notice of lien

21-26  as owner , [or reputed owner,] and the rights of all parties [shall]

21-27  must thereupon be fully adjudicated.

21-28     [4.] 5. A notice of lien which contains therein the description

21-29  of the [real] property supplied by and set forth in the notice of

21-30  completion recorded pursuant to NRS 108.228 [shall,] must, for all

21-31  purposes, be sufficient as a description of the actual [real] property

21-32  upon which the work [or labor] was performed or materials or

21-33  equipment were supplied , [;] and amendment of the notice of lien

21-34  [claim] or amendment of the pleading filed by the lien claimant in a

21-35  foreclosure action, or both, may be made to state the correct

21-36  description, and [such] the corrected description [shall relate]

21-37  relates back to the time of recording [such] the notice of lien ,

21-38  [claim,] unless a correction of the notice of lien in [this] a particular

21-39  instance would prejudice the rights of an innocent bona fide

21-40  purchaser or encumbrancer for value[.] , but then only with respect

21-41  to the bona fide purchaser or encumbrancer for value who was

21-42  prejudiced.

21-43     Sec. 35.  NRS 108.231 is hereby amended to read as follows:

21-44     108.231  1.  In every case in which [one claim] a notice of

21-45  lien is recorded against two or more separate buildings[,] or mining

22-1  claims [or other improvements owned by the same person, the

22-2  person recording such claim must at the same time designate] that

22-3  are owned by the same person and that are located on separate

22-4  legal parcels that existed at the commencement of construction,

22-5  the lien claimant must, at the time of recording the notice of lien,

22-6  designate the lienable amount due to him on each [of such

22-7  buildings, mining claims or other improvements; otherwise the lien

22-8  of such claim is postponed to other liens.] building or mining

22-9  claim.

22-10     2.  The lien of [such claimant does not extend beyond] a lien

22-11  claimant only applies to the lienable amount designated[,] in the

22-12  notice of lien, plus all amounts that may be awarded by the court

22-13  pursuant to NRS 108.237, as against other creditors having liens by

22-14  judgment or otherwise, upon [either of such buildings or other

22-15  improvements, or upon the land upon which the same are

22-16  constructed.] the buildings or mining claims. However, the

22-17  lienable amount chargeable to the interest of the owner in each

22-18  building must be the total amount of the lien claimant’s notice of

22-19  lien, without regard to the proportionate amount designated to

22-20  each separate building in the lien claimant’s notice of lien, plus all

22-21  amounts that may be awarded by the court pursuant to NRS

22-22  108.237, but upon the trial thereof, the court may, where it deems

22-23  it equitable to do so, distribute the lien equitably as among the

22-24  several buildings involved.

22-25     3.  If a lien claimant fails to designate in his notice of lien the

22-26  amount due to him on each separate building as provided in

22-27  subsection 1, the lien claimant’s notice of lien must be postponed

22-28  to the notices of lien of other lien claimants and other

22-29  encumbrancers for value who have designated the amount due on

22-30  each building or mining claim but must not be inferior to any

22-31  rights or interests of the owner. For purposes of this subsection, a

22-32  lien claimant’s lien must not be postponed to other liens or

22-33  encumbrances if the lien claimant’s designation among the

22-34  parcels was estimated by the lien claimant in good faith or was

22-35  based upon a pro rata division of the total lienable amount.

22-36     Sec. 36.  NRS 108.232 is hereby amended to read as follows:

22-37     108.232  The county recorder of the county in which property

22-38  that is subject to a lien is located must record the [claim] notice of

22-39  lien in a book kept by him for that purpose, which record must be

22-40  indexed as deeds and other conveyances are required by law to be

22-41  indexed, and for which he may receive the same fees as are allowed

22-42  by law for recording deeds and other instruments.

22-43     Sec. 37.  NRS 108.233 is hereby amended to read as follows:

22-44     108.233  1.  [No] A lien provided for in NRS 108.221 to

22-45  108.246, inclusive, [binds any building, mining claim, improvement

23-1  or structure] and sections 2 to 26, inclusive, of this act must not

23-2  bind the property subject to the lien for a [longer] period longer

23-3  than 6 months after [such lien has been] the date on which the

23-4  notice of lien was recorded, unless:

23-5      (a) Proceedings are commenced in a proper court within that

23-6  time to enforce the same; or

23-7      (b) The time to commence the action is extended by a written

23-8  instrument signed by the [lienor] lien claimant and by a person or

23-9  persons in interest in the property subject to the lien, in which event,

23-10  and as to only that person or those persons in interest signing the

23-11  agreement, the time is extended , [;] but no extension [shall be] is

23-12  valid unless in writing and recorded in the county recorder’s office

23-13  in which the notice of lien is recorded and unless the extension

23-14  agreement is recorded within [such] the 6-month period . [; and

23-15  such] The extension agreement, to be recorded, must be

23-16  acknowledged as required by law for the acknowledgment of deeds.

23-17  An action may be commenced within [such] the extended time only

23-18  [as to] against the persons signing the extension agreement and only

23-19  as to their interests in the property are affected, and upon the lapse

23-20  of the time specified in the extension agreement, an action may not

23-21  thereafter be commenced, nor may a second extension be given.

23-22     2.  For all purposes, a [mechanic’s lien of record] notice of lien

23-23  shall be deemed to have expired as a lien against the property after

23-24  the lapse of the 6-month period provided in subsection 1, and [such

23-25  recording shall] the recording of a notice of lien does not provide

23-26  actual or constructive notice after the lapse of [such] the 6-month

23-27  period and as a lien on the [real] property referred to in the

23-28  [recorded] notice of lien, unless, [prior to] before the lapse of [such]

23-29  the 6-month period [the] an extension agreement has been recorded,

23-30  in which event, the lien [shall] will only continue as a lien on the

23-31  interests of those persons signing the extension for the period

23-32  specified in the extension . [and for no longer period.] An extension

23-33  must not be given for a period in excess of 1 year beyond the date

23-34  on which the notice of lien is recorded.

23-35     3.  If there are other [claims] notices of lien outstanding against

23-36  the property, [no extension shall] an extension must not be given

23-37  upon [the] a notice of lien which will tend to delay or postpone the

23-38  collection of other [claims] liens evidenced by a notice of lien or

23-39  encumbrances against the property . [; and no extension shall be

23-40  given for a period in excess of 1 year beyond the recording of the

23-41  lien.]

23-42     Sec. 38.  NRS 108.234 is hereby amended to read as follows:

23-43     108.234  [Every building or other improvement mentioned in

23-44  NRS 108.222,]

24-1      1.  Except as otherwise provided in subsection 2, every

24-2  improvement constructed , altered or repaired upon [any lands with

24-3  the knowledge of the owner or the person having or claiming any

24-4  interest therein,] property shall be [held] deemed to have been

24-5  constructed , altered or repaired at the instance of [the owner or

24-6  person] each owner having or claiming any interest therein, and the

24-7  interest owned or claimed [is] must be subject to [any] each notice

24-8  of lien recorded in accordance with the provisions of NRS 108.221

24-9  to 108.246, inclusive, [unless the owner or person having or

24-10  claiming an interest therein shall,] and sections 2 to 26, inclusive, of

24-11  this act.

24-12     2.  The interest of a disinterested owner in any improvement

24-13  and the property upon which an improvement is constructed,

24-14  altered or repaired is not subject to a notice of lien if the

24-15  disinterested owner, within 3 days after he [has obtained] first

24-16  obtains knowledge of the construction, alteration or repair, or the

24-17  intended construction, alteration or repair, [give] gives notice that he

24-18  will not be responsible for the improvement by recording a notice in

24-19  writing to that effect with the county recorder of the county where

24-20  the [land or building is situated] property is located and, in the

24-21  instance of[:

24-22     1.] a disinterested owner who is:

24-23     (a) A lessor, the notice of [lien] nonresponsibility shall be

24-24  deemed timely recorded if the notice is recorded within 3 days

24-25  immediately following the [execution] effective date of the lease [by

24-26  all parties as to that construction, alteration or repair, or intended

24-27  construction, alteration or repair, known to the lessor at] or by the

24-28  time of the execution of the lease by all parties[.

24-29     2.] , whichever occurs first; or

24-30     (b) An optionor, the notice of [lien] nonresponsibility shall be

24-31  deemed timely recorded if the notice is recorded within 3 days

24-32  immediately following the [execution of the agreement permitting

24-33  entry upon the real property by all parties as to that construction,

24-34  alteration, repair, or intended construction, alteration, repair or other

24-35  work known to the optionor at the time of the execution of the

24-36  agreement by all parties.] date on which the option is exercised in

24-37  writing.

24-38     3.  Each notice of nonresponsibility recorded pursuant to this

24-39  section must identify:

24-40     (a) The name and address of the disinterested owner;

24-41     (b) The location of the improvement and the property upon

24-42  which the improvement is or will be constructed, altered or

24-43  repaired;

25-1      (c) The nature and extent of the disinterested owner’s interest

25-2  in the improvement and the property upon which the improvement

25-3  is or will be constructed, altered or repaired; and

25-4      (d) The date on which the disinterested owner first learned of

25-5  the construction, alteration or repair of the improvement that is

25-6  the subject of the notice of nonresponsibility

25-7      4.  As used in this section, “disinterested owner” means an

25-8  owner who did not personally or through his agent or

25-9  representative, directly or indirectly, request, require, authorize,

25-10  consent to or cause a work of improvement, or any portion

25-11  thereof, to be constructed, altered or repaired upon the property of

25-12  the owner. The term must not be interpreted to invalidate a notice

25-13  of nonresponsibility recorded pursuant to this section or to deny

25-14  the rights granted pursuant to this section upon the recording of a

25-15  notice of nonresponsibility because:

25-16     (a) The disinterested owner is a lessor or an optionor under a

25-17  lease that requests, requires, authorizes or consents to the lessee

25-18  causing the work of improvement; and

25-19     (b) The lessee personally or through his agent or

25-20  representative enters into a contract for improvements

25-21  constructed, altered or repaired upon the property.

25-22     Sec. 39.  NRS 108.235 is hereby amended to read as follows:

25-23     108.235  1.  [The contractor shall be entitled to recover, upon

25-24  a lien recorded by him, only such] A prime contractor:

25-25     (a) Upon a notice of lien, may recover the lienable amount as

25-26  may be due to him [according to the terms of his contract, after

25-27  deducting all claims of other parties] , plus all amounts that may be

25-28  awarded to him by the court pursuant to NRS 108.237; and

25-29     (b) Upon receipt of the amount described in paragraph (a),

25-30  shall pay all liens for the work [done and material furnished,] ,

25-31  equipment or materials which were furnished to him as provided

25-32  in NRS 108.221 to 108.246, inclusive[.] , and sections 2 to 26,

25-33  inclusive, of this act.

25-34     2.  In all cases where a prime contractor has been paid for the

25-35  work, materials or equipment which are the subject of a notice of

25-36  lien [is] recorded under NRS 108.221 to 108.246, inclusive, [for

25-37  work done or materials furnished to any contractor, he] and sections

25-38  2 to 26, inclusive, of this act, the prime contractor shall defend the

25-39  owner in any action brought thereupon at his own expense. [During

25-40  the pendency of the action,]

25-41     3.  Except as otherwise provided in this subsection, if a lien

25-42  claimant records a notice of lien for the work, equipment or

25-43  materials furnished to the prime contractor, the owner may

25-44  withhold from the prime contractor the amount of money for which

25-45  [such] the lien claimant’s notice of lien is [filed.] recorded. If the

26-1  lien claimant’s notice of lien resulted from the owner’s failure to

26-2  pay the prime contractor for the lien claimant’s work, materials or

26-3  equipment, the owner shall not withhold the amount set forth in

26-4  the notice of lien from the prime contractor if the prime contractor

26-5  tenders a release of the lien claimant’s lien to the owner. In case of

26-6  judgment against the owner or his property [upon] which is the

26-7  subject of the lien, the owner [shall be entitled to] may deduct, from

26-8  any amount due or to become due by him to the prime contractor,

26-9  the amount [of the judgment and costs. If the amount of the

26-10  judgment and costs exceeds the amount due by him to the

26-11  contractor, or if the owner has settled with the contractor, the owner

26-12  shall be entitled to] paid by the owner to the lien claimant for

26-13  which the prime contractor was liable and recover back from the

26-14  prime contractor any amount so paid by the owner in excess of the

26-15  [contract price, and for which the contractor was originally the party

26-16  liable.] amount the court has found that the owner owes to the

26-17  prime contractor.

26-18     Sec. 40.  NRS 108.236 is hereby amended to read as follows:

26-19     108.236  1.  In every case in which different liens are asserted

26-20  against any property, the court, in the judgment, must declare the

26-21  rank of each lien[,] claimant or class of [liens, which must be] lien

26-22  claimants in the following order:

26-23     (a) First: All labor whether performed at the instance or

26-24  direction of the owner, the subcontractor or the [original] prime

26-25  contractor.

26-26     (b) Second: Material suppliers[.

26-27     Third: The subcontractors, architects, land surveyors, geologists

26-28  and engineers, if such architects, land surveyors, geologists and

26-29  engineers] and lessors of equipment.

26-30     (c) Third: All other lien claimants who have performed their

26-31  [services,] work, in whole or in part, under contract with the

26-32  [general contractor.

26-33     Fourth: The original contractors, architects, land surveyors,

26-34  geologists and engineers, if such architects, land surveyors,

26-35  geologists and engineers have not performed their services, in whole

26-36  or in part, under contract with the general contractor, and all persons

26-37  other than original contractors, subcontractors, architects, land

26-38  surveyors, geologists and engineers.] prime contractor or any

26-39  subcontractor.

26-40     (d) Fourth: All other lien claimants.

26-41     2.  The proceeds of the sale of the property must be applied to

26-42  each lien[,] claimant or class of [liens,] lien claimants in the order

26-43  of its rank.

 

 

27-1      Sec. 41.  NRS 108.237 is hereby amended to read as follows:

27-2      108.237  1.  [Any number of persons claiming liens may join

27-3  in the same action. When separate actions are commenced the court

27-4  may consolidate them.] The court shall award to a prevailing lien

27-5  claimant, whether on its lien or on a surety bond, the lienable

27-6  amount found due to the lien claimant by the court and the cost of

27-7  preparing and filing the lien claim, including, without limitation,

27-8  attorney’s fees, if any, and interest. The court shall also award to

27-9  the prevailing lien claimant, whether on its lien or on a surety

27-10  bond, the costs of the proceedings, including, without limitation,

27-11  reasonable attorney’s fees, the costs for representation of the lien

27-12  claimant in the proceedings, and any other amounts as the court

27-13  may find to be justly due and owing to the lien claimant.

27-14     2.  The court [may also allow] shall calculate interest for

27-15  purposes of subsection 1 based upon:

27-16     (a) The rate of interest agreed upon in the lien claimant’s

27-17  contract; or

27-18     (b) If a rate of interest is not provided in the lien claimant’s

27-19  contract, interest at a rate equal to the prime rate at the largest bank

27-20  in Nevada, as ascertained by the Commissioner of Financial

27-21  Institutions, on January 1 or July 1, as the case may be, immediately

27-22  preceding the date of judgment, plus 2 percent, on the amount of the

27-23  lien found payable. [The interest is payable from the date that the

27-24  payment is found to have been due, and the court may allow, as part

27-25  of the costs, the money paid for recording the lien.] The rate of

27-26  interest must be adjusted accordingly on each January 1 and July 1

27-27  thereafter until the amount of the lien is paid.

27-28     [3.  The court shall also allow to the prevailing party reasonable

27-29  attorney’s fees for the preparation of the lien and for representation

27-30  of the lien claimant in the action.]

27-31  Interest is payable from the date on which the payment is found to

27-32  have been due, as determined by the court.

27-33     3.  If the lien claim is not upheld, the court may award costs

27-34  and reasonable attorney’s fees to the owner or other person

27-35  defending against the lien claim if the court finds that the notice

27-36  of lien was pursued by the lien claimant without a reasonable

27-37  basis in law or fact.

27-38     Sec. 42.  NRS 108.238 is hereby amended to read as follows:

27-39     108.238  [Nothing contained in] The provisions of NRS

27-40  108.221 to 108.246, inclusive, [shall] and sections 2 to 26,

27-41  inclusive, of this act must not be construed to impair or affect the

27-42  right of [any person] a lien claimant to whom any debt may be due

27-43  for work [done or material] , materials or equipment furnished to

27-44  maintain a [personal] civil action to recover [such] that debt against

28-1  the person liable therefor[.] or to submit any controversy arising

28-2  under a contract to arbitration to recover that amount.

28-3      Sec. 43.  NRS 108.239 is hereby amended to read as follows:

28-4      108.239  1.  [Liens] A notice of lien may be enforced by an

28-5  action in any court of competent jurisdiction, on setting out in the

28-6  complaint the particulars of the demand, with a description of the

28-7  [premises] property to be charged with the lien.

28-8      2.  At the time of filing the complaint and issuing the summons,

28-9  the [plaintiff] lien claimant shall:

28-10     (a) File a notice of pendency of the action in the manner

28-11  provided in NRS 14.010; and

28-12     (b) Cause a notice of foreclosure to be published at least once a

28-13  week for 3 successive weeks, in one newspaper published in the

28-14  county, and if there is no newspaper published in the county, then in

28-15  such mode as the court may determine, notifying all persons holding

28-16  or claiming [liens] a notice of lien pursuant to the provisions of

28-17  NRS 108.221 to 108.246, inclusive, and sections 2 to 26, inclusive,

28-18  of this act on the [premises] property to file with the clerk and serve

28-19  on the [plaintiff] lien claimant and also on the defendant, if the

28-20  defendant is within the State or is represented by counsel, written

28-21  statements of the facts constituting their liens, together with the

28-22  dates and amounts thereof. [The statements must be filed]

28-23     3.  All persons holding or claiming a notice of lien may join a

28-24  lien claimant’s action by filing a statement of facts within 10 days

28-25  after the last publication of the notice[. The plaintiff] of

28-26  foreclosure. Any number of persons claiming liens may join in the

28-27  same action if they timely file a statement of facts in the lien

28-28  claimant’s action. The lien claimant and other parties adversely

28-29  interested must be allowed [5] 20 days to answer the statements.

28-30     [3.] 4. If it appears from the records of the county recorder that

28-31  there are other notices of lien [claims] recorded against the same

28-32  [premises] property at the time of the commencement of the action,

28-33  the [plaintiff] lien claimant shall, in addition to and after the initial

28-34  publication of the notice of foreclosure as provided in paragraph (b)

28-35  of subsection 2, mail to those other lien claimants, by registered or

28-36  certified mail, or deliver in person a copy of the notice of

28-37  foreclosure as published.

28-38     [4.] 5. At the time of any change in the venue of the action, the

28-39  [plaintiff] lien claimant shall file a notice of pendency of the action,

28-40  in the manner provided in NRS 14.010, and include in the notice the

28-41  court and county to which the action is changed.

28-42     [5.] 6. When separate actions are commenced by lien

28-43  claimants to foreclose on their respective notices of lien, the court

28-44  may consolidate all the actions. The consolidation does not affect

28-45  or change the priority of lien claims.

29-1      7.  The court shall enter judgment according to the right of the

29-2  parties, and shall, by decree, proceed to hear and determine

29-3  the claims in a summary way, or may, if it be the district court, refer

29-4  the claims to a special master to ascertain and report upon the liens

29-5  and the amount justly due thereon. No consequential damages may

29-6  be recovered in an action pursuant to this section. All liens not so

29-7  exhibited shall be deemed to be waived in favor of those which are

29-8  so exhibited.

29-9      [6.] 8. Upon petition by a lien claimant for a preferential trial

29-10  setting:

29-11     (a) The court shall give preference in setting a date for the

29-12  trial of an action brought pursuant to this section; and

29-13     (b) If a lien action is designated as complex by the court, the

29-14  court may take into account the rights and claims of all lien

29-15  claimants in setting a date for the preferential trial.

29-16     9.  If the lienable amount of a lien claimant’s lien is the

29-17  subject of binding arbitration:

29-18     (a) The court may, at the request of a party to the arbitration,

29-19  stay the lien claimant’s action to foreclose the lien pending the

29-20  outcome of the binding arbitration. If the foreclosure on the lien

29-21  involves the rights of other lien claimants or persons whose claims

29-22  are not the subject of the binding arbitration, the court may stay

29-23  the lien claimant’s foreclosure proceeding only upon terms which

29-24  are just and which afford the lien claimant a fair opportunity to

29-25  protect his lien rights and priorities with respect to other lien

29-26  claimants and persons.

29-27     (b) Upon the granting of an award by the arbitrator, any party

29-28  to the arbitration may seek an order from the court in the action to

29-29  foreclose on the lien confirming or adopting the award and

29-30  determining the lienable amount of the lien claimant’s lien in

29-31  accordance with the order, if any. Upon determining the lienable

29-32  amount, the court shall enter a judgment or decree for the lienable

29-33  amount, plus all amounts that may be awarded by the court to the

29-34  lien claimant pursuant to NRS 108.237, and the court may include

29-35  as part of the lien all costs and attorney’s fees awarded to the lien

29-36  claimant by the arbitrator and all costs and attorney’s fees

29-37  incurred by the lien claimant pertaining to any application or

29-38  motion to confirm, adopt, modify or correct the award of the

29-39  arbitrator. A judgment or decree entered by the court pursuant to

29-40  this subsection may be enforced against the property as provided

29-41  in subsections 10, 11 and 12.

29-42     10.  On ascertaining the whole amount of the liens with which

29-43  the [premises are] property is justly chargeable, as provided in NRS

29-44  108.221 to 108.246, inclusive, and sections 2 to 26, inclusive, of

29-45  this act, the court shall cause the [premises] property to be sold in

30-1  satisfaction of [the] all liens and the costs[, including costs of suit,]

30-2  of sale, including all amounts awarded to all lien claimants

30-3  pursuant to NRS 108.237, and any party in whose favor judgment

30-4  may be rendered may cause the [premises] property to be sold

30-5  within the time and in the manner provided for sales on execution,

30-6  issued out of any district court, for the sale of real property.

30-7      [7.] 11. If the proceeds of sale, after [the] payment of the costs

30-8  [,] of sale, are not sufficient to satisfy [the whole amount of the] all

30-9  liens to be included in the decree of sale, including all amounts

30-10  awarded to all lien claimants pursuant to NRS 108.237, the

30-11  proceeds must be apportioned according to the right of the [several

30-12  parties.] various lien claimants. If the proceeds of the sale amount

30-13  to more than the sum of [the] all liens and the cost of sale, the

30-14  remainder must be paid over to the owner of the property.

30-15     [8.] 12. Each party whose claim is not satisfied in the manner

30-16  provided in this section is entitled to personal judgment for the

30-17  residue against the party legally liable for it if that person has been

30-18  personally summoned or has appeared in the action.

30-19     Sec. 44.  NRS 108.2413 is hereby amended to read as follows:

30-20     108.2413  A [mechanic’s lien of record upon real property] lien

30-21  claimant’s lien rights or notice of lien may be released upon the

30-22  posting of a surety bond in the manner provided in NRS 108.2415 to

30-23  108.2425, inclusive.

30-24     Sec. 45.  NRS 108.2415 is hereby amended to read as follows:

30-25     108.2415  [The debtor of the lien claimant or a party in interest

30-26  in the premises subject to the lien must obtain a surety bond

30-27  executed by the debtor of the lien claimant or a party in interest in

30-28  the premises subject to the lien, as principal, and executed by a

30-29  corporation authorized to transact surety business in this state, as

30-30  surety, in substantially]

30-31     1.  To obtain the release of a notice of lien, a principal and a

30-32  surety must execute a surety bond which must be in the following

30-33  form:

 

30-34  (Assessor’s Parcel Numbers)

 

30-35  (Title of court and cause, if action has been commenced)

 

30-36  WHEREAS, ................................ (name of [owner, contractor, or

30-37  other person disputing lien)] principal), located at

30-38  ........................................................ (address of principal), desires to

30-39  give a bond for releasing the following described [real] property

30-40  owned by ......................................... (name of owners) from that

30-41  certain [claim of mechanic’s] notice of lien in the sum of

30-42  $................ recorded ..... (month) ..... (day) ..... (year) in the office of

31-1  the recorder in ................................ (name of county where the [real]

31-2  property is [situated):] located):

 

31-3  (Legal Description)

 

31-4  NOW, THEREFORE, the undersigned principal and surety do

31-5  hereby obligate themselves to the lien claimant named in the

31-6  [mechanic’s] notice of lien, ................................, (name of lien

31-7  claimant) under the conditions prescribed by NRS 108.2413 to

31-8  108.2425, inclusive, in the sum of $................ (1 1/2 x [claim),]

31-9  lienable amount), from which sum they will pay the lien claimant

31-10  [such] that amount as a court of competent jurisdiction may adjudge

31-11  to have been secured by his lien, [with interest, costs and attorney’s

31-12  fees.] including the total amount awarded pursuant to

31-13  NRS 108.237.

31-14  IN TESTIMONY WHEREOF, the principal and surety have

31-15  executed this bond at ................................, Nevada, on the ....... day

31-16  of the month of ....... of the year .......

 

31-17  ......……….....................

31-18  (Signature of Principal)

 

31-19  (Surety Corporation)

31-20  By........………....................

31-21  (Its Attorney in Fact)

 

 

31-22  State of Nevada         }

31-23                                     }ss.

31-24  County of.................. }

 

31-25     On ..... (month) ..... (day) ..... (year) before me, the undersigned,

31-26  a notary public of this county and state, personally appeared

31-27  ................................. who acknowledged that he executed the

31-28  foregoing instrument as principal for the purposes therein mentioned

31-29  and also personally appeared ................................ known (or

31-30  satisfactorily proved) to me to be the attorney in fact of the

31-31  [corporation] surety that executed the foregoing instrument, known

31-32  to me to be the person who executed that instrument on behalf of the

31-33  [corporation] surety therein named, and he acknowledged to me that

31-34  [that corporation] the surety executed the foregoing instrument.

 

31-35                                                            ............................................  

31-36  (Notary Public in and for

31-37  the County and State)

32-1      2.  The principal must record the surety bond in the office of

32-2  the county recorder in which the notice of lien was recorded,

32-3  either before or after the commencement of an action to enforce

32-4  the lien. A certified copy of the recorded surety bond shall be

32-5  deemed an original for purposes of this section.

32-6      3.  Upon the recording of the surety bond, the principal must

32-7  serve a file-stamped copy of the recorded surety bond in the

32-8  following manner:

32-9      (a) If an action is pending to enforce the notice of lien, service

32-10  must be made by certified or registered mail, return receipt

32-11  requested, upon the lien claimant at the address set forth in the

32-12  lien and the lien claimant’s counsel of record at his place of

32-13  business; or

32-14     (b) If no action is pending to enforce the notice of lien,

32-15  personal service must be made upon the lien claimant pursuant to

32-16  Rule 4 of the Nevada Rules of Civil Procedure.

32-17     4.  Failure to serve the surety bond as provided in subsection 3

32-18  does not affect the validity of the surety bond, but the statute of

32-19  limitations on any action on the surety bond, including a motion

32-20  excepting to the sufficiency of the surety pursuant to NRS

32-21  108.2425, is tolled until notice is given.

32-22     5.  Subject to the provisions of NRS 108.2425, the recording

32-23  and service of the surety bond pursuant to this section releases the

32-24  property described in the surety bond from the lien and the surety

32-25  bond shall be deemed to replace the property as security for the

32-26  lien.

32-27     Sec. 46.  NRS 108.2421 is hereby amended to read as follows:

32-28     108.2421  1.  The lien claimant is entitled to [bring] :

32-29     (a) Bring an action against [the lien claimant’s debtor and to

32-30  join therein] ; or

32-31     (b) If an action has been commenced, join in the pending

32-32  action against,

32-33  the principal and surety on the surety bond[. A judgment for the

32-34  claimant on the bond may not be made against the property. The

32-35  rights of the lien claimant include and the court may award to him in

32-36  that action:

32-37     (a) The amount found due to the lien claimant by the court;

32-38     (b) The cost of preparing and filing the lien claim, including

32-39  attorney’s fees, if any;

32-40     (c) The costs of the proceedings;

32-41     (d) Attorney’s fees for representation of the lien claimant in the

32-42  proceedings; and

32-43     (e) Interest at a rate established pursuant to NRS 99.040 from

32-44  the date found by the court that the sum was due.

33-1      2.  Proceedings pursuant to subsection 1 are entitled to priority

33-2  of hearing second only to criminal hearings. The plaintiff] and the

33-3  lien claimant’s debtor.

33-4      2.  At any time after the filing of a joint case conference

33-5  report pursuant to Rule 16.1 of the Nevada Rules of Civil

33-6  Procedure or, if the case is designated by the court as complex

33-7  litigation, after the approval of the initial case management order

33-8  by the court, each lien claimant in the action may serve upon the

33-9  adverse party a “demand for [30-day setting,” in the proper form,]

33-10  preferential trial setting” and file the demand with the clerk of the

33-11  court. Upon filing, the clerk of the court shall, before the Friday

33-12  after the demand is filed, vacate a case or cases in a department of

33-13  the court and set the lien claimant’s case for hearing, on a day or

33-14  days certain, to be heard within [30] 60 days after the filing of the

33-15  “demand for [30-day] preferential trial setting.” Only one such

33-16  preferential trial setting need be given by the court, unless the

33-17  hearing date is vacated without stipulation of counsel for the

33-18  [plaintiff] lien claimant in writing. If the hearing date is vacated

33-19  without that stipulation, upon service and filing, a new preferential

33-20  trial setting must be given.

33-21     3.  A lien claimant shall, at the time of making his demand for

33-22  a preferential trial setting, and each other party to the preferential

33-23  trial shall, within 20 days after the lien claimant’s service of the

33-24  demand, serve upon all parties to the preferential trial the

33-25  following documents and information:

33-26     (a) A copy of all documents that the party intends to rely upon

33-27  at the time of the trial;

33-28     (b) A list of witnesses whom the party intends to call at the

33-29  time of the trial, which must include for each witness:

33-30         (1) The name of the witness;

33-31         (2) The company for whom the witness works and title of

33-32  the witness; and

33-33         (3) A brief summary of the expected testimony of the

33-34  witness;

33-35     (c) Any supplemental discovery responses as required by the

33-36  Nevada Rules of Civil Procedure;

33-37     (d) The identity of each person whom the party expects to call

33-38  as an expert witness at the trial, together with a statement of the

33-39  substance of the facts and opinions to which the expert witness is

33-40  expected to testify and a summary of the grounds for each

33-41  opinion;

33-42     (e) Any expert reports not previously disclosed; and

33-43     (f) A detailed summary of all claims, offsets and defenses that

33-44  the party intends to rely upon at the trial.

34-1      4.  Within 20 days after receipt of an opposing party’s

34-2  identification of an expert witness, a party who desires to call a

34-3  rebuttal expert witness at the trial must identify each person whom

34-4  the party expects to call as a rebuttal expert witness, and must

34-5  provide a statement of the substance of the facts and opinions to

34-6  which the rebuttal expert witness is expected to testify and a

34-7  summary of the grounds for each opinion.

34-8      5.  A prevailing lien claimant on a claim against a surety bond

34-9  must be awarded the lienable amount plus the total amount that

34-10  may be awarded by the court pursuant to NRS 108.237.

34-11     Sec. 47.  NRS 108.2423 is hereby amended to read as follows:

34-12     108.2423  1.  By entering into a surety bond given pursuant to

34-13  NRS 108.2415, the principal and surety [submits himself] submit

34-14  themselves to the jurisdiction of the court in which [the bond is filed

34-15  in the proceeding or release of the lien,] an action or suit is pending

34-16  on a notice of lien on the property described in the surety bond,

34-17  and the principal and surety irrevocably [appoints] appoint the

34-18  clerk of that court as [its] their agent upon whom any papers

34-19  affecting [its] the liability on the surety bond may be served. [Its]

34-20  The liability of the principal may be established by the court in the

34-21  pending action. The liability of the surety may be enforced on

34-22  motion without necessity of an independent action. The motion and

34-23  such notice of motion as the court prescribes may be served on the

34-24  clerk of the court, who shall forthwith mail copies to the principal

34-25  and surety if [his address is] their addresses are known.

34-26     2.  The motion described in subsection 1 must not be instituted

34-27  until [the lapse of] 30 days [following] after:

34-28     (a) If a notice of appeal from the judgment is not filed, the

34-29  giving of notice of entry of judgment in the action against the lien

34-30  claimant’s debtor, [if no notice of appeal from the judgment is filed,

34-31  nor may the motion be instituted until the lapse of 30 days

34-32  following] as the case may be, or the giving of notice of entry of

34-33  judgment in an action against the principal or the lien claimant’s

34-34  debtor, as the case may be; or

34-35     (b) If an appeal has been taken from the judgment, the filing

34-36  of the remittitur from the Supreme Court . [, if an appeal has been

34-37  taken from the judgment.]

34-38     Sec. 48.  NRS 108.2425 is hereby amended to read as follows:

34-39     108.2425  1.  The lien claimant may, within [2] 15 days after

34-40  the service of a copy of the [petition and a copy of the bond attached

34-41  thereto,] surety bond pursuant to subsection 3 of NRS 108.2415,

34-42  file a motion with the clerk of the court in [the action a notice] a

34-43  pending action, or if no action has been commenced, file a petition

34-44  with the court, excepting to the sufficiency of the surety [on] or the

34-45  surety bond, and shall, at the same time and together with that

35-1  [notice,] motion, file an affidavit setting forth the grounds and basis

35-2  of the exceptions to the surety[,] or the surety bond, and shall serve

35-3  a copy of the [notice] motion and a copy of the affidavit upon the

35-4  [attorney or the petitioner on the same date as] principal at the

35-5  address set forth in the surety bond within 5 business days after

35-6  the date of filing. A hearing must be had upon the justification of the

35-7  surety [at the same time as that set for the hearing on the petition for

35-8  the order to release the lien.

35-9      2.  If the lien claimant fails to file and serve the notice and

35-10  affidavit within 2 days after the service of the petition for release of

35-11  the lien, he shall be deemed to have waived all objection to the

35-12  justification and sufficiency of the surety.] or the surety bond not

35-13  less than 10 days and not more than 20 days after the filing of the

35-14  motion or petition. If the court determines that the surety or surety

35-15  bond is insufficient, the lien claimant’s lien will remain against

35-16  the property or the court may allow the substitution of a sufficient

35-17  surety and surety bond.

35-18     2.  If, at any time after the recording of a surety bond

35-19  pursuant to NRS 108.2415, the surety becomes unauthorized to

35-20  transact surety business in this state pursuant to NRS 679A.030 or

35-21  is dropped from the United States Department of the Treasury’s

35-22  Listing of Approved Sureties or there exists any other good cause,

35-23  a lien claimant or other person having an interest in the surety

35-24  bond may apply to the district court in a pending action, or

35-25  commence an action if none is pending, for an order to require

35-26  additional security or to change, substitute or add securities, or to

35-27  enforce or change any other matter affecting the security provided

35-28  by the surety bond.

35-29     3.  If a court finds that the amount of a surety bond recorded

35-30  pursuant to NRS 108.2415 is insufficient to pay the total amount

35-31  that may be awarded by the court pursuant to NRS 108.237, the

35-32  court shall increase the amount of the surety bond to 1.5 times the

35-33  total amount that may be awarded. Any surety that records or

35-34  consents to the recording of a surety bond pursuant to NRS

35-35  108.2415 will:

35-36     (a) Remain fully liable on the surety bond regardless of the

35-37  payment or nonpayment of any surety bond premium; and

35-38     (b) Be liable for any increase in the amount of the surety bond

35-39  as ordered by the court pursuant to this subsection.

35-40     Sec. 49.  NRS 108.243 is hereby amended to read as follows:

35-41     108.243  1.  Any notice of lien may be assigned in the same

35-42  manner as any other chose in action after it has been perfected by

35-43  recording.

35-44     2.  [No] An assignment of a lien [prior to recording shall]

35-45  before recording will not be effective until written notice of the

36-1  assignment has been given to the owner by the assignee. [Any such

36-2  notice shall] The notice will be sufficient if delivered in person or

36-3  mailed by certified mail to the [person named as owner in the

36-4  building permit.] owner. After such notice the assignee may perfect

36-5  the lien in his own name.

36-6      3.  [Two] One or more lien claimants of [the same] any class

36-7  may assign their notices of lien [claims] by written assignment,

36-8  signed by each assignor, to any other person or lien claimant of [the

36-9  same] any class, and the assignee may commence and prosecute the

36-10  action upon all of the notices of lien [claims] in his own name[.] or

36-11  in the name of the original lien claimant.

36-12     4.  In the event that a claim for which a lien may be filed is

36-13  assigned before it is perfected, such assignment [shall] does not

36-14  discharge or defeat the right to perfect [such] the lien, if [such

36-15  claim] the lien is reassigned to the lien claimant, and thereafter

36-16  [such lien claim] the lien is timely perfected.

36-17     Sec. 50.  NRS 108.2433 is hereby amended to read as follows:

36-18     108.2433  1.  Except as otherwise provided in subsection 2, a

36-19  notice of lien [of record upon real] upon the property provided for

36-20  in NRS 108.221 to 108.246, inclusive, and sections 2 to 26,

36-21  inclusive, of this act may be discharged by an entry on the margin

36-22  of the record thereof, signed by the [lienor] lien claimant or his

36-23  personal representative or assignee in the presence of the recorder or

36-24  his deputy, acknowledging the satisfaction of or value received for

36-25  the notice of lien and the debt secured thereby. The recorder or his

36-26  deputy shall subscribe the entry as witness. The entry has the same

36-27  effect as a discharge or release of the notice of lien acknowledged

36-28  and recorded as provided by law. The recorder shall properly index

36-29  each marginal discharge.

36-30     2.  If the notice of lien has been recorded by a microfilm or

36-31  other photographic process, a marginal release may not be used and

36-32  an acknowledged discharge or release of the notice of lien must be

36-33  recorded.

36-34     3.  If the recorder or his deputy is presented with a certificate

36-35  executed by the [lienor] lien claimant or his personal representative

36-36  or assignee, specifying that the notice of lien has been paid or

36-37  otherwise satisfied or discharged, the recorder or his deputy shall

36-38  discharge the notice of lien upon the record.

36-39     Sec. 51.  NRS 108.2437 is hereby amended to read as follows:

36-40     108.2437  1.  As soon as practicable, but not later than 10 days

36-41  after a notice of lien [of record upon real] upon the property

36-42  pursuant to NRS 108.221 to 108.246, inclusive, and sections 2 to

36-43  26, inclusive, of this act is fully satisfied or discharged, the [lienor]

36-44  lien claimant shall cause to be recorded a discharge or release of the

36-45  notice of lien in substantially the following form:

37-1  Assessor’s Parcel Numbers

 

37-2  DISCHARGE OR RELEASE OF NOTICE OF LIEN

 

37-3  NOTICE IS HEREBY GIVEN THAT:

37-4          The undersigned did, on the ....... day of the month of ....... of

37-5  the year ......., record in Book ............, as Document No. ............, in

37-6  the office of the county recorder of ............. County, Nevada, its

37-7  Notice of Lien, or has otherwise given notice of his intention to hold

37-8  [and claim] a lien upon the following described property[,] or

37-9  improvements, owned or purportedly owned by ..............., [situated]

37-10  located in the County of ............, State of Nevada, to wit:

 

37-11  (Legal Description or Address of the Property[)] or Improvements)

 

37-12         NOW, THEREFORE, for valuable consideration the

37-13  undersigned does release, satisfy and discharge [the claim or] his

37-14  notice of lien on the property or improvements described above by

37-15  reason of [such] this Notice of Lien . [, or by reason of the work and

37-16  labor on, or materials furnished for, that property.]

 

37-17                                                                              ...................................................

37-18        (Signature of [Lienor)] Lien Claimant)

 

37-19     2.  If the [lienor] lien claimant fails to comply with the

37-20  provisions of subsection 1, he is liable in a civil action to the owner

37-21  of the [real] property, his heirs or assigns for any actual damages

37-22  caused by his failure to comply with those provisions or $100,

37-23  whichever is greater, and for a reasonable attorney’s fee and the

37-24  costs of bringing the action.

37-25     Sec. 52.  NRS 108.244 is hereby amended to read as follows:

37-26     108.244  A lien claimant or assignee of a lien claimant or

37-27  claimants may not file a complaint for foreclosure of his

37-28  [mechanic’s] notice of lien or the assigned [mechanic’s] notice of

37-29  lien or [mechanics’ liens] notices of lien until 30 days have expired

37-30  immediately following the filing of his [mechanic’s] notice of lien

37-31  or following the filing of the assigned [mechanic’s] notice of lien or

37-32  the last of the assigned [mechanics’ liens.] notices of lien. This

37-33  provision [shall] does not apply to [nor] or prohibit the filing of any

37-34  statement of fact constituting a lien or statements of fact

37-35  constituting a lien [in an already filed] :

37-36     1.  In an action already filed for foreclosure of [mechanic’s

37-37  lien and] a notice of lien; or

37-38     2.  In order to comply with the provisions of NRS 108.239.

 

38-1      Sec. 53.  NRS 108.245 is hereby amended to read as follows:

38-2      108.245  1.  Except as otherwise provided in subsection 5,

38-3  every [person, firm, partnership, corporation or other legal entity,]

38-4  lien claimant, other than one who performs only labor, who claims

38-5  the benefit of NRS 108.221 to 108.246, inclusive, and sections 2 to

38-6  26, inclusive, of this act shall, [within 31 days] at any time after the

38-7  first delivery of material or performance of work or services under

38-8  his contract, deliver in person or by certified mail to the owner [or

38-9  reputed owner of the property or to the person whose name appears

38-10  as owner on the building permit, if any, for the improvement] of the

38-11  property a preliminary notice of right to lien in substantially the

38-12  following form:

 

38-13  Notice [to Owner of Materials Supplied

38-14  or Work or Services Performed] of Right to Lien

38-15  To: .....................

38-16     (Owner’s name and address)

38-17     The undersigned notifies you that he has supplied materials or

38-18  equipment or performed work or services as follows:

 

38-19  ..............................................................................

38-20  (General description of materials, equipment, work or services

38-21  [and anticipated total value)] )

38-22  for improvement of [real] property identified as (property

38-23  description or street address) under contract with (general contractor

38-24  or subcontractor). This is not a notice that the undersigned has not

38-25  been or does not expect to be paid, but a notice required by law that

38-26  the undersigned may, at a future date, [claim] record a notice of lien

38-27  as provided by law against the property if the undersigned is not

38-28  paid.

38-29                                                                              .........................................

38-30                                               (Claimant)

 

38-31  A subcontractor or [materialman under a subcontract] equipment or

38-32  material supplier who gives such a notice must also deliver in

38-33  person or send by certified mail a copy of the notice to the [general]

38-34  prime contractor for information only. The failure by a

38-35  subcontractor to deliver [such notices] the notice to the [general]

38-36  prime contractor is a ground for disciplinary proceedings against the

38-37  subcontractor under chapter 624 of NRS[.] but does not invalidate

38-38  the notice to the owner.

38-39     2.  Such a notice does not constitute a lien or give actual or

38-40  constructive notice of a lien for any purpose.

38-41     3.  No lien for materials or equipment furnished or for work or

38-42  services performed, except labor, may be perfected or enforced

39-1  pursuant to NRS 108.221 to 108.246, inclusive, and sections 2 to

39-2  26, inclusive, of this act unless the notice has been given.

39-3      4.  The notice need not be verified, sworn to or acknowledged.

39-4      5.  A [general] prime contractor or other person who contracts

39-5  directly with an owner or sells materials directly to an owner is not

39-6  required to give notice pursuant to this section.

39-7      6.  [As used in this section, “owner” does not include any

39-8  person, firm or corporation whose only interest in the real property

39-9  is under a mortgage, deed of trust or other security arrangement.] A

39-10  lien claimant who is required by this section to give a notice of

39-11  right to lien to an owner and who gives such a notice has a right to

39-12  lien for materials or equipment furnished or for work or services

39-13  performed in the 31 days before the date the notice of right to lien

39-14  is given and for the materials or equipment furnished or for work

39-15  or services performed anytime thereafter until the completion of

39-16  the work of improvement.

39-17     Sec. 54.  NRS 108.246 is hereby amended to read as follows:

39-18     108.246  1.  Each [general] prime contractor shall, before

39-19  execution of a contract for construction, inform the [record] owner

39-20  with whom he intends to contract of the provisions of NRS 108.245

39-21  in substantially the following form:

 

39-22  To:.....................................

39-23         (Owner’s name and address)

39-24     [Section 108.245 of Nevada Revised Statutes,] The provisions of

39-25  NRS 108.245, a part of the mechanics’ and materialmen’s lien law

39-26  of the State of Nevada, [requires,] require, for your information and

39-27  protection from hidden liens, that each person or other legal entity

39-28  [which] who supplies materials to or performs work [or services] on

39-29  a construction project, other than one who performs only labor,

39-30  [shall] deliver to the owner a notice of the materials and equipment

39-31  supplied or the work [or services] performed. You may receive

39-32  [such] these notices in connection with the construction project

39-33  which you propose to undertake.

39-34     2.  Each [general] prime contractor shall deliver a copy of the

39-35  information required by subsection 1 to each subcontractor who

39-36  participates in the construction project.

39-37     3.  The failure of a [general contractor so] prime contractor to

39-38  inform pursuant to this section owners and subcontractors with

39-39  whom he contracts is a ground for disciplinary proceedings under

39-40  chapter 624 of NRS.

39-41     [4.  Each subcontractor who participates in the construction

39-42  project shall deliver a copy of each notice required by NRS 108.226

39-43  to the general contractor. The failure of the subcontractor to deliver

40-1  such notice to the general contractor is a ground for disciplinary

40-2  proceedings under chapter 624 of NRS.]

40-3      Sec. 55.  NRS 116.4111 is hereby amended to read as follows:

40-4      116.4111  1.  In the case of a sale of a unit where delivery of a

40-5  public offering statement is required pursuant to subsection 3 of

40-6  NRS 116.4102, a seller:

40-7      (a) Before conveying a unit, shall record or furnish to the

40-8  purchaser releases of all liens, except liens on real estate that a

40-9  declarant has the right to withdraw from the common-interest

40-10  community, that the purchaser does not expressly agree to take

40-11  subject to or assume and that encumber:

40-12         (1) In a condominium, that unit and its interest in the

40-13  common elements; and

40-14         (2) In a cooperative or planned community, that unit and any

40-15  limited common elements assigned thereto; or

40-16     (b) Shall provide a surety bond against the lien as provided for

40-17  liens on real estate in NRS 108.2413 to [108.2419,] 108.2425,

40-18  inclusive.

40-19     2.  Before conveying real estate to the association, the declarant

40-20  shall have that real estate released from:

40-21     (a) All liens the foreclosure of which would deprive units’

40-22  owners of any right of access to or easement of support of their

40-23  units; and

40-24     (b) All other liens on that real estate unless the public offering

40-25  statement describes certain real estate that may be conveyed subject

40-26  to liens in specified amounts.

40-27     Sec. 56.  NRS 624.3016 is hereby amended to read as follows:

40-28     624.3016  The following acts or omissions, among others,

40-29  constitute cause for disciplinary action under NRS 624.300:

40-30     1.  Any fraudulent or deceitful act committed in the capacity of

40-31  a contractor.

40-32     2.  A conviction of a violation of NRS 624.730 or a felony or a

40-33  crime involving moral turpitude.

40-34     3.  Knowingly making a false statement in or relating to the

40-35  recording of a notice of lien pursuant to the provisions of

40-36  NRS 108.226.

40-37     4.  Failure to give a notice required by NRS 108.227, 108.245

40-38  or 108.246.

40-39     5.  Failure to comply with NRS 597.713, 597.716 or 597.719 or

40-40  any regulations of the Board governing contracts for the

40-41  construction of residential pools and spas.

40-42     6.  Failure to comply with NRS 624.600.

40-43     7.  Misrepresentation or the omission of a material fact, or the

40-44  commission of any other fraudulent or deceitful act, to obtain a

40-45  license.

41-1      8.  Failure to pay an assessment required pursuant to

41-2  NRS 624.470.

41-3      Sec. 57.  NRS 624.620 is hereby amended to read as follows:

41-4      624.620  1.  Except as otherwise provided in this section, any

41-5  money remaining unpaid for the construction of a work of

41-6  improvement is payable to the contractor within 30 days after:

41-7      (a) Occupancy or use of the work of improvement by the owner

41-8  or by a person acting with the authority of the owner; or

41-9      (b) The availability of a work of improvement for its intended

41-10  use. The contractor must have given a written notice of availability

41-11  to the owner on or before the day on which he claims that the work

41-12  of improvement became available for use or occupancy.

41-13     2.  If the owner has complied with subsection 3, the owner may:

41-14     (a) Withhold payment for the amount of:

41-15         (1) Any work or labor that has not been performed or

41-16  materials or equipment that has not been furnished for which

41-17  payment is sought;

41-18         (2) The costs and expenses reasonably necessary to correct or

41-19  repair any work that is not materially in compliance with the

41-20  contract to the extent that such costs and expenses exceed 50 percent

41-21  of the amount of retention being withheld pursuant to the terms of

41-22  the contract; and

41-23         (3) Money the owner has paid or is required to pay pursuant

41-24  to an official notice from a state agency, or employee benefit trust

41-25  fund, for which the owner is liable for the contractor or his

41-26  subcontractors in accordance with chapter 608, 612, 616A to 616D,

41-27  inclusive, or 617 of NRS.

41-28     (b) Require, as a condition precedent to the payment of any

41-29  unpaid amount under the construction contract, that lien releases be

41-30  furnished by the contractor’s subcontractors, suppliers or

41-31  employees. For purposes of this paragraph:

41-32         (1) If the amount due is paid with a check or is not paid

41-33  concurrently with the owner’s receipt of the lien releases, the lien

41-34  releases must be conditioned upon the check clearing the bank upon

41-35  which it is drawn and the receipt of payment and shall be deemed to

41-36  become unconditional upon the receipt of payment; and

41-37         (2) The lien releases must be limited to the amount of the

41-38  payment received.

41-39     3.  If, pursuant to paragraph (a) of subsection 2, an owner

41-40  intends to withhold any amount from a payment to be made to a

41-41  contractor, the owner must, on or before the date the payment is due,

41-42  give written notice to the contractor of any amount that will be

41-43  withheld. The written notice must:

41-44     (a) Identify the amount that will be withheld from the

41-45  contractor;

42-1      (b) Give a reasonably detailed explanation of the reason the

42-2  owner will withhold that amount, including, without limitation, a

42-3  specific reference to the provision or section of the contract, and any

42-4  documents relating thereto, and the applicable building code, law or

42-5  regulation with which the contractor has failed to comply; and

42-6      (c) Be signed by an authorized agent of the owner.

42-7      4.  A contractor who receives a notice pursuant to subsection 3

42-8  may provide written notice to the owner of the correction of a

42-9  condition described in the notice received pursuant to subsection 3.

42-10  The notice of correction must be sufficient to identify the scope and

42-11  manner of the correction of the condition and be signed by an

42-12  authorized representative of the contractor. If an owner receives a

42-13  written notice from the contractor of the correction of a condition

42-14  described in an owner’s notice of withholding pursuant to

42-15  subsection 3, the owner must, within 10 days after receipt of such

42-16  notice:

42-17     (a) Pay the amount withheld by the owner for that condition; or

42-18     (b) Object to the scope and manner of the correction of the

42-19  condition in a written statement that sets forth the reason for

42-20  the objection and complies with subsection 3. If the owner objects to

42-21  the scope and manner of the correction of a condition, he shall

42-22  nevertheless pay to the contractor, along with payment made

42-23  pursuant to the contractor’s next payment request, the amount

42-24  withheld for the correction of conditions to which the owner no

42-25  longer objects.

42-26     5.  The partial occupancy or availability of a building requires

42-27  payment in direct proportion to the value of the part of the building

42-28  which is partially occupied or partially available. For projects which

42-29  involve more than one building, each building must be considered

42-30  separately in determining the amount of money which is payable to

42-31  the contractor.

42-32     6.  Unless otherwise provided in the construction contract, any

42-33  money which is payable to a contractor pursuant to this section

42-34  accrues interest at a rate equal to the lowest daily prime rate at the

42-35  largest bank in this state, as determined by the Commissioner of

42-36  Financial Institutions on January 1 or July 1, as the case may be,

42-37  immediately preceding:

42-38     (a) The time the contract was signed; or

42-39     (b) If the contract was oral, the time the terms of the contract

42-40  were agreed to by the parties,

42-41  plus 2 percent.

42-42     7.  This section does not apply to:

42-43     (a) Any residential building; or

42-44     (b) Public works.

43-1      8.  As used in this section, unless the context otherwise

43-2  requires, “work of improvement” has the meaning ascribed to it in

43-3  [NRS 108.221.] section 24 of this act.

43-4      Sec. 58.  NRS 108.223, 108.2231, 108.224, 108.2417 and

43-5  108.2419 are hereby repealed.

43-6      Sec. 59.  Sections 25 and 26 of this act apply only to

43-7  agreements entered into on or after October 1, 2003.

 

43-8  LEADLINES OF REPEALED SECTIONS

 

43-9      108.223  Lien on lot or tract of land for improvements made

43-10  at request of owner.

43-11     108.2231  Lien on real property, building, structure or

43-12  improvement thereon for services rendered at request of owner.

43-13     108.224  Land subject to lien.

43-14     108.2417  Release of lien on real property by posting surety

43-15  bond: Petition for release; service of copy of petition.

43-16     108.2419  Release of lien on real property by posting surety

43-17  bond: Hearing on petition; contents and effect of order releasing

43-18  lien.

 

43-19  H