Part 2: For Contractors — Perfecting and Enforcing Nevada Mechanics’ Liens

Let’s face it, no matter how many safeguards are in place to ensure contractors are paid on their contracts and project owners get what they paid for, disputes arise, projects are not finished, and contracts are not paid. Part 1 covered the front end: the timing and pre-lien requirements that protect a contractor’s lien rights from the outset. Part 2 picks up when payment stalls or a project goes sideways. We focus on two steps: timely recording and service of the Notice of Lien, followed by timely filing of the lawsuit to enforce it. Miss a deadline or required step, and the lien may disappear—even when the debt is real.

A. Introduction: Protect the Lien Before Time Runs Out

First, perfect the lien by recording and serving a compliant Notice of Lien. Then enforce it by filing suit on time. The deadlines are unforgiving: miss a required step, and the lien can disappear even when the debt is valid.

The practical plan seems simple on the surface: track the project, identify the latest statutory trigger, record and serve the Notice of Lien on time, and file the enforcement action before the six-month deadline. The “latest” trigger, however, can stymie everyone involved when work pauses, the project remains incomplete, or later work may—or may not—belong to the same work of improvement.

B. First Clock: 90 Days—or 40 After a Valid Notice of Completion (NRS 108.226)

It seems simple enough– Under NRS 108.226(1)(a), you have 90 days to record the Notice of Lien when certain conditions are reached. But it is not that simple. Specifically, the statute orders the contractor to record the Notice of Lien in the county where the property is located within 90 days after the latest of three events: (1) completion of the work of improvement; (2) your last delivery of materials or furnishing of equipment; or (3) your last performance of work. The statute says “latest,” not “last day you were on site.” That distinction matters. The latest trigger can be difficult to identify and can stymie courts, especially when work pauses or different parts of the project continue.

Even if the contractor has 90 days, an owner can shorten that 90-day window. If the owner records and properly serves a valid notice of completion under NRS 108.228, the deadline becomes 40 days after the notice is recorded. Treat that filing as an immediate deadline event. Confirm that the notice was both recorded and served, and calendar the 40-day date.

Residential projects add another step. On a single-family or multifamily project, any lien claimant other than the prime contractor must serve a 15-day Notice of Intent to Lien on the owner and reputed prime contractor before recording. That service extends the recording time by 15 days. This rule does not apply to nonresidential projects. NRS 108.226(6)–(7).

Practice Pointer: “Lien claimant” is broader than “contractor.” It includes anyone who provides at least $500 of work, materials, or equipment—including contractors, subcontractors, laborers, suppliers, equipment lessors, and design professionals. A contractor or professional who must be licensed but is not licensed cannot claim a lien. NRS 108.2214; NRS 108.222(2).

C. The Hard Question: What Counts as “Completion”? (NRS 108.22116)

“Completion of the work of improvement” is a statutory term, and it is often the hardest trigger to pin down. Under NRS 108.22116, completion occurs when any one of three tests is met:

A pause in the project does not automatically mean the project is complete. While it seems simple on the surface, it can be the point on which the recording deadline turns. This makes it important to take records if the work stops. You must preserve the project record, confirm whether the owner recorded and served a notice of completion, and calculate conservatively. It is also a good idea to ask the owner for specifics on when the project might begin again. You should also keep lines of communication open with the project owner and/or prime contractor and check in to see if the project is still continuing.

Nevada treats the scope and continuing nature of a “work of improvement” as a factual question. In I. Cox Construction Co. v. CH2 Investments, LLC, the Supreme Court rejected using later, unrelated soundproofing work to revive an untimely lien. It also emphasized that the 90-day period does not necessarily run from the claimant’s own last day. In other words, the “latest” trigger is not always the easiest trigger to identify. I. Cox Constr. Co. v. CH2 Invs., LLC, 129 Nev. 139, 142–46, 296 P.3d 1202, 1203–05 (2013).

NRS 108.22188 also keeps the analysis project-wide: the work of improvement is generally the project as a whole, even when multiple prime contracts are involved. Separate buildings on separate legal parcels and certain separate site-improvement contracts may be treated separately.

D. Case Study: All American Repair Services, Inc. v. Gebrekristos—When a Pause Tests the Clock

What Happened

A fire damaged a Las Vegas home on April 27, 2020. Gebrekristos hired All American Repair Services, Inc. (“AARSI”) on May 5 for mitigation and rebuild work. Mitigation was estimated at $91,923.40; the insurer paid $86,923.40 through joint checks, and the owner allegedly did not pay the $5,000 deductible. The rebuild estimate was $191,787.66, but the insurer sent that check directly to the owner instead of to the contractor.

The Pause—and the Paper Trail

On September 24, 2020, Gebrekristos’s counsel told AARSI to pause. AARSI had completed about $85,000 of the rebuild, with more than $100,000 left; permits stayed open. Negotiations followed. AARSI sent a 10-day notice to terminate the contract and a demand for payment on December 14; Gebrekristos countered on December 23; AARSI rejected the offer on January 5, 2021; and the permits expired between January 5 and 25. AARSI served 15-day intent notices on January 21, recorded liens on February 10, and filed its foreclosure complaint, notice of foreclosure, and lis pendens on April 5.

The Dispute

Gebrekristos’s position was straightforward: AARSI’s last physical work—September 24—started the clock. On that view, the liens were due around December 23, making the February 10 recordings 49 days late.

AARSI saw it differently. The work of improvement was not finished: the house was uninhabitable and unoccupied, the owner had not accepted the work, no notice of completion had been recorded or served, and negotiations continued under the original contract until January 5.

The Trial Court’s Ruling

The district court sided with Gebrekristos. It held that AARSI recorded its liens about 139 days after it stopped work, declared the liens untimely and frivolous, and awarded attorney fees.

Why It Mattered to Contractors

Contractor groups filed amicus briefs with a practical warning: the owner’s theory would force contractors to record liens during an owner-requested pause, even while the project remained incomplete. That could disrupt retention and financing arrangements and invite unnecessary litigation.

The Appellate Turn

On appeal, the Court of Appeals agreed with the district court, reading NRS 108.226(1)(a)’s three triggers disjunctively and treating AARSI’s last work as enough to start the 90-day clock.

AARSI appealed, and multiple contractor groups filed amicus briefs with the court supporting AARSI. The court looked at the record again: the owner had requested the pause, and negotiations continued through at least December 14. Relying on Tonopah Lumber Co. v. Nevada Amusement Co., 30 Nev. 445, 451–57, 97 P. 636, 637–39 (1908), the court held that the negotiations could continue the original contract. The 90-day period therefore ran to March 14, 2021, making AARSI’s February recordings timely and summary judgment improper.

Tonopah Lumber involved a construction pause followed by resumed work under the original contract. Peccole v. Luce & Goodfellow, Inc. points in the same direction, supporting liberal construction and continuing-contract principles when no notice of completion is given. Peccolev. Luce & Goodfellow, Inc., 66 Nev. 360, 370–79, 212 P.2d 718, 723–27 (1949).

Practice Pointer: Do not read All American as a blanket “pause” exception. The decision turned partly on a procedural default and on its particular facts. Document who requested the pause, negotiations, payment demands, work and delivery dates, and project-wide completion. When in doubt, calculate conservatively and record on time.

E. Contractor Checklist: When Does the 90-Day Clock Start?

When work pauses or payment gets shaky, walk through these questions in order:

F. Second Step: Record and Serve the Notice of Lien

Once the trigger date is identified—and, for a residential project, after any required 15-day notice—record a Notice of Lien with the county recorder where the property is located. NRS 108.226(1), (6). The notice identifies the amount claimed, the parties, the payment terms, and the property. Use the statutory form in NRS 108.226(5), which includes:

Then serve a copy on the owner within 30 days after recording—by personal delivery or certified mail, return receipt requested. If the owner’s residence or business address and, if applicable, the registered agent’s address cannot be determined, post the notice at the property, deliver a copy to a resident if possible, and mail copies to the statutory addresses. Service on one owner is enough, even if there are multiple owners. A subcontractor must also deliver the notice to the prime contractor; failure to do so can trigger discipline under NRS Chapter 624. NRS 108.227.

Mechanics’ liens are remedial in Nevada. Substantial compliance generally is enough when the statutory purpose is met and the owner is not prejudiced. Hardy Cos., Inc. v. SNMARK, LLC, 126 Nev. 528, 536–40, 245 P.3d 1149, 1155–57 (2010); Lamb v. Goldfield Lucky Boy Mining Co., 37 Nev. 9, 16–17, 138 P. 902, 904–05 (1914); Las Vegas Plywood & Lumber, Inc. v. D & D Enters., 98 Nev. 378, 380–81, 649 P.2d 1367, 1368 (1982); Wilmington Tr. FSB v. A1 Concrete Cutting & Demolition, LLC, 128 Nev. 556, 573–77, 289 P.3d 1199, 1210–11 (2012). Materials supplied “for use” in the improvement are also protected. Simmons Self-Storage v. Rib Roof, Inc., 2014 NV 57, slip op. at 5–10.

But do not mistake substantial compliance for a free pass. In Schofield v. Copeland Lumber Yards, Inc., the court invalidated a lien that omitted contract terms where the owners lacked that information. Schofield, 101 Nev. 83, 85–86, 692 P.2d 519, 520 (1985). And Cashman Equipment Co. v. West Edna Associates, Ltd. confirms that equitable fault cannot reduce a mechanics’ lien. Cashman Equip. Co., 2016 NV 69, slip op. at 10–13.

Practice Pointer: Under NRS 108.222(1), the lien is security tied to the property, the improvements, and any construction disbursement account, for the unpaid agreed price—or, without an agreed price, the fair market value of the work, including overhead and profit. It is powerful collateral, but only if the statutory steps are met.

G. Third Step: File Suit Before the Six-Month Clock Runs Out (NRS 108.233)

Recording is not the finish line. Do not file the lawsuit too late. Under NRS 108.233(1), a lien stops binding the property six months after recording unless proceedings are started in a proper court within that period—or a written, recorded extension is obtained before the period expires. This is a separate clock from the 90-day recording deadline and the 30-day service deadline under NRS 108.227.

But do not file a lawsuit too soon. Under NRS 108.233(2), a lien claimant must wait at least 30 days after recording the Notice of Lien before commencing a foreclosure action—unless the owner has already challenged the lien as being frivolous under NRS 108.2275, or the six-month enforcement window is about to close. This waiting period gives the owner an opportunity to resolve the dispute or post a bond before litigation begins.

Important distinction: Losing, invalidating, or releasing the lien generally means losing the property-based collateral—the security interest in the property—not the underlying contract claim. NRS 108.238 preserves a civil action to recover the debt.

Treat recording as the start of a second clock. Calendar six months the same day, preserve the recorded Notice of Lien and proof of service, and do not assume that settlement talks, payment promises, or continued emails extend the statutory period. File the enforcement action before the clock runs out.

Practice Pointer: Calendar the six-month deadline when the Notice of Lien is recorded—not when negotiations fail. If settlement is still pending, protect the lien first and document resolution with a release or other appropriate filing.

H. Conclusion: Protect the Lien Before the Deadline

Perfecting and enforcing a Nevada mechanics’ lien is a deadline exercise. Start with the pre-lien requirements from Part 1. Then identify the latest NRS 108.226 trigger—or the 40-day deadline created by a valid notice of completion—record and serve the Notice of Lien, and file the enforcement action within six months under NRS 108.233.

The facts may be messy, but the checklist is not. Document pauses and project status; calculate from the latest trigger; and get legal advice before a deadline slips. Losing the lien can mean losing the property-based security, even though the underlying contract claim may remain.

Return for Part Three, which will cover the owner’s rights when faced with a mechanic’s lien.