Nev. Rev. Stat. § 108.222

Lien on property, improvements and construction disbursement account; amount of lien; lien not available to unlicensed contractor or professional who must be licensed to perform work

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NRS 108.222  Lien on property, improvements and construction disbursement account; amount of lien; lien not available to unlicensed contractor or professional who must be licensed to perform work.

      1.  Except as otherwise provided in subsection 2, a lien claimant has a lien upon the property, any improvements for which the work, materials and equipment were furnished or to be furnished, and any construction disbursement account established pursuant to NRS 108.2403, for:

      (a) If the parties agreed, by contract or otherwise, upon a specific price or method for determining a specific price for some or all of the work, material and equipment furnished or to be furnished by or through the lien claimant, the unpaid balance of the price agreed upon for such work, material or equipment, as the case may be, whether performed, furnished or to be performed or furnished at the instance of the owner or the owner’s agent; and

      (b) If the parties did not agree, by contract or otherwise, upon a specific price or method for determining a specific price for some or all of the work, material and equipment furnished or to be furnished by or through the lien claimant, including, without limitation, any additional or changed work, material or equipment, an amount equal to the fair market value of such work, material or equipment, as the case may be, including a reasonable allowance for overhead and a profit, whether performed, furnished or to be performed or furnished at the instance of the owner or at the instance of the owner’s agent.

      2.  If a contractor or professional is required to be licensed pursuant to the provisions of NRS to perform the work, the contractor or professional will only have a lien pursuant to subsection 1 if the contractor or professional is licensed to perform the work.

      (Added to NRS by 1965, 1159; A 1987, 98; 1993, 2055; 1997, 2691; 2003, 2595; 2005, 1898)

     

Notes of Decisions
Cited in 18 cases, 1970–2016 · leading case: California Commercial Enterprises v. Amedeo Vegas I, Inc.
California Commercial Enterprises v. Amedeo Vegas I, Inc. (2003) nev · cites it 10× “After Commercial finished its work, which was allegedly delayed for sixteen months by Amedeo, it recorded a mechanic’s lien under NRS 108.222 for $515,927.92. The lien reflected the amount remaining on the contract price, as well as alleged delay and disruption damages.”
Lehrer McGovern Bovis, Inc. v. Bullock Insulation, Inc. (2008) nev · cites it 2× “’ ’ 55 Under NRS 108.222(l)(a), mechanics have a lien right to “the unpaid balance of the price agreed upon,” but, under NRS 108.”
Young Electric Sign Co. v. Erwin Electric Co. (1970) nev · cites it 9× “222(1); 1 (2) when it determined that it was unnecessary that there be an employment contract between the appellant who owned the sign and the respondent who furnished labor and material before a lien could attach; (3) when it decided that a lien under NRS 108.222 could attach…”
Aladdin Heating Corp. v. Trustees of Central States (1977) nev “234 provides in pertinent parts: “Every building or other improvement mentioned in NRS 108.222, *262 constructed upon any lands with the knowledge of the owner or the person having or claiming any interest therein, shall be held to have been constructed at the instance of such…”
Bowyer v. Davidson (1978) nev “NRS 108.222. Under these circumstances, the enrichment, if any, resulting to respondents from appellant’s labor and materials is not unjust.”
Simmons Self-Storage v. Rib Roof, Inc. (2014) nev · cites it 49× “Specifically, we consider whether, to establish a lien on a property or improvements thereon under NRS 108.222, a materialman must prove merely that materials were delivered for use on or incorporation into the property or improvements thereon; or, instead, must demonstrate that…”
A.F. Construction Co. v. Virgin River Casino Corp. (2002) nev “…Rent-A-Car, Inc.">14 P.3d at 514 . See NRS 108.222. See NRS 108.226. Subsection 3 of NRS 108.227 defines “record owner”: As used in this section, “record own”
Tom v. Innovative Home Systems (2016) nevapp · cites it 4× “Pursuant to NRS 108.222(2), a contractor must be duly licensed to have an enforceable mechanic's lien for work it performed.”
Tom v. Innovative Home Systems (2016) nev · cites it 2× “Pursuant to NRS 108.222(2), a contractor must be duly licensed to have an enforceable mechanic's lien for work it performed.”
TOM VS. INNOVATIVE HOME SYS., LLC C/W 66006 (2016) nev · cites it 2× “Pursuant to NRS 108.222(2), a contractor must be duly licensed to have an enforceable mechanic's lien for work it performed.”
TOM VS. INNOVATIVE HOME SYS., LLC C/W 65419 (2016) nev · cites it 2× “Pursuant to NRS 108.222(2), a contractor must be duly licensed to have an enforceable mechanic's lien for work it performed.”
TOM VS. INNOVATIVE HOME SYS., LLC C/W 66006 (2016) nev · cites it 2× “Pursuant to NRS 108.222(2), a contractor must be duly licensed to have an enforceable mechanic's lien for work it performed.”
— Nev. Rev. Stat. § 108.222(1) — 3 cases
California Commercial Enterprises v. Amedeo Vegas I, Inc. (2003) nev “After Commercial finished its work, which was allegedly delayed for sixteen months by Amedeo, it recorded a mechanic’s lien under NRS 108.222 for $515,927.92. The lien reflected the amount remaining on the contract price, as well as alleged delay and disruption damages.”
Young Electric Sign Co. v. Erwin Electric Co. (1970) nev “222(1); 1 (2) when it determined that it was unnecessary that there be an employment contract between the appellant who owned the sign and the respondent who furnished labor and material before a lien could attach; (3) when it decided that a lien under NRS 108.222 could attach…”
— Nev. Rev. Stat. § 108.222(1)(a) — 2 cases
— Nev. Rev. Stat. § 108.222(2) — 7 cases
Tom v. Innovative Home Systems (2016) nevapp “Pursuant to NRS 108.222(2), a contractor must be duly licensed to have an enforceable mechanic's lien for work it performed.”
Tom v. Innovative Home Systems (2016) nev “Pursuant to NRS 108.222(2), a contractor must be duly licensed to have an enforceable mechanic's lien for work it performed.”
TOM VS. INNOVATIVE HOME SYS., LLC C/W 66006 (2016) nev “Pursuant to NRS 108.222(2), a contractor must be duly licensed to have an enforceable mechanic's lien for work it performed.”
TOM VS. INNOVATIVE HOME SYS., LLC C/W 65419 (2016) nev “Pursuant to NRS 108.222(2), a contractor must be duly licensed to have an enforceable mechanic's lien for work it performed.”
TOM VS. INNOVATIVE HOME SYS., LLC C/W 66006 (2016) nev “Pursuant to NRS 108.222(2), a contractor must be duly licensed to have an enforceable mechanic's lien for work it performed.”
— Nev. Rev. Stat. § 108.222(l)(a) — 2 cases
Lehrer McGovern Bovis, Inc. v. Bullock Insulation, Inc. (2008) nev “’ ’ 55 Under NRS 108.222(l)(a), mechanics have a lien right to “the unpaid balance of the price agreed upon,” but, under NRS 108.”
California Commercial Enterprises v. Amedeo Vegas I, Inc. (2003) nev “After Commercial finished its work, which was allegedly delayed for sixteen months by Amedeo, it recorded a mechanic’s lien under NRS 108.222 for $515,927.92. The lien reflected the amount remaining on the contract price, as well as alleged delay and disruption damages.”
— Nev. Rev. Stat. § 108.222(l)(b) — 1 case
California Commercial Enterprises v. Amedeo Vegas I, Inc. (2003) nev “After Commercial finished its work, which was allegedly delayed for sixteen months by Amedeo, it recorded a mechanic’s lien under NRS 108.222 for $515,927.92. The lien reflected the amount remaining on the contract price, as well as alleged delay and disruption damages.”
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