NRS
108.234 Recording of notice of nonresponsibility by disinterested owner;
contents and validity of notice of nonresponsibility; service of notice of
nonresponsibility upon lessee and prime contractor; prime contractor’s
obligations upon receipt of notice of nonresponsibility; effect of owner’s
failure to comply with provisions of this section.
1. Except as otherwise provided in
subsection 2, every improvement constructed, altered or repaired upon property
shall be deemed to have been constructed, altered or repaired at the instance
of each owner having or claiming any interest therein, and the interest owned
or claimed must be subject to each notice of lien recorded in accordance with
the provisions of NRS 108.221 to 108.246, inclusive.
2. The interest of a disinterested owner
in any improvement and the property upon which an improvement is constructed,
altered or repaired is not subject to a notice of lien if the disinterested
owner, within 3 days after he or she first obtains knowledge of the
construction, alteration or repair, or the intended construction, alteration or
repair, gives notice that he or she will not be responsible for the improvement
by recording a notice in writing to that effect with the county recorder of the
county where the property is located and, in the instance of a disinterested
owner who is:
(a) A lessor, the notice of nonresponsibility
shall be deemed timely recorded if the notice is recorded within 3 days
immediately following the effective date of the lease or by the time of the
execution of the lease by all parties, whichever occurs first; or
(b) An optionor, the notice of nonresponsibility
shall be deemed timely recorded if the notice is recorded within 3 days
immediately following the date on which the option is exercised in writing.
3. To be effective and valid, each notice
of nonresponsibility recorded pursuant to this section must identify:
(a) The names and addresses of the disinterested
owner and the person who is causing the work of improvement to be constructed,
altered or repaired;
(b) The location of the improvement and the address
and legal description of the property upon which the improvement is or will be
constructed, altered or repaired;
(c) The nature and extent of the disinterested
owner’s interest in the improvement and the property upon which the improvement
is or will be constructed, altered or repaired;
(d) The date on which the disinterested owner
first learned of the construction, alteration or repair of the improvement that
is the subject of the notice of nonresponsibility; and
(e) Whether the disinterested owner has notified
the lessee in writing that the lessee must comply with the requirements of NRS 108.2403.
4. To be effective and valid, each notice
of nonresponsibility that is recorded by a lessor pursuant to this section must
be served by personal delivery or by certified mail, return receipt requested:
(a) Upon the lessee within 10 days after the date
on which the notice of nonresponsibility is recorded pursuant to subsection 2;
and
(b) Upon the prime contractor for the work of
improvement within 10 days after the date on which the lessee contracts with
the prime contractor for the construction, alteration or repair of the work of
improvement.
5. If the prime contractor for the work of
improvement receives a notice of nonresponsibility pursuant to paragraph (b) of
subsection 4, the prime contractor shall:
(a) Post a copy of the notice of
nonresponsibility in an open and conspicuous place on the property within 3
days after receipt of the notice of nonresponsibility; and
(b) Serve a copy of the notice of
nonresponsibility by personal delivery, facsimile or by certified mail, return
receipt requested, upon each lien claimant from whom a notice of right to lien
was received, within 10 days after receipt of the notice of nonresponsibility
or a notice of right to lien, whichever occurs later.
6. An owner who does not comply with the
provisions of this section may not assert any claim that the owner’s interest
in any improvement and the property upon which an improvement is constructed,
altered or repaired is not subject to or is immune from the attachment of a
lien pursuant to NRS 108.221 to 108.246, inclusive.
7. As used in this section, “disinterested
owner” means an owner who:
(a) Does not record a notice of waiver as
provided in NRS 108.2405; and
(b) Does not personally or through an agent or
representative, directly or indirectly, contract for or cause a work of
improvement, or any portion thereof, to be constructed, altered or repaired
upon the property or an improvement of the owner.
Ê The term
does not include an owner who is a lessor if the lessee fails to satisfy the
requirements set forth in NRS 108.2403
and 108.2407.
(Added to NRS by 1965,
1163; A 2001,
1752; 2003,
2605; 2005,
1901)
Notes of Decisions
Hardy Companies, Inc. v. SNMARK, LLC, 245 P.3d 1149 (Nev. 2010).
· cites it 11× “Two days after the execution of the lease, ECT recorded a notice of nonresponsibility with the Clark County Recorder’s Office, pursuant to NRS 108.234. In the notice, ECT acknowledged the intended construction by Wickes and noted its nonresponsibility for the improvements.”
Aladdin Heating Corp. v. Trs. of Cent. States, 563 P.2d 82 (Nev. 1977).
· cites it 2× “Respondents never posted or recorded a notice of non-responsibility, and, thus, appellants argue that respondents’ ownership interest in the land arising from the sale-leaseback arrangement is subject to appellants’ liens pursuant to NRS 108.234. 2 However, it is well settled…”
Fondren v. K/l Complex Ltd., 800 P.2d 719 (Nev. 1990).
· cites it 4× “1 The material facts regarding the issue of the perfecting of the mechanics’ liens show that Fondren failed to record a notice of non-responsibility and that respondents King, Toledo and Excalibur did not deliver a pre-lien notice to Fondren.”
Young Elec. Sign Co. v. Erwin Elec. Co., 477 P.2d 864 (Nev. 1970).
· cites it 2× “222 could attach to the sign without attaching to an interest in the real property; (4) when it decided that the appellant was required to file a statutory notice of nonresponsibility as is required by NRS 108.234 to preclude a lien on the sign and (5) when it decided that the…”
Iliescu, Jr. Vs. Steppan, 2017 NV 25 (Nev. 2017).
· cites it 6× “SUPREME COURT OF NEVADA (0) 1947A 9 Second, although NRS 108.234 generally provides that an owner with knowledge of an "improvement constructed, altered or repaired upon property" is responsible for liens on its property, NRS 108.”
Iliescu, Jr. Vs. Steppan, 2017 NV 25 (Nev. 2017).
· cites it 3× “234(1), a disinterested owner may avoid responsibility for a lien if he or she gives a notice of non-responsibility after he or she "first obtains knowledge of the construction, alteration or repair, or the intended construction, alteration or repair," NRS 108.”
— Nev. Rev. Stat. § 108.234(1) — 1 case
Hardy Companies, Inc. v. SNMARK, LLC, 245 P.3d 1149 (Nev. 2010).
“Two days after the execution of the lease, ECT recorded a notice of nonresponsibility with the Clark County Recorder’s Office, pursuant to NRS 108.234. In the notice, ECT acknowledged the intended construction by Wickes and noted its nonresponsibility for the improvements.”
— Nev. Rev. Stat. § 108.234(2) — 3 cases
Hardy Companies, Inc. v. SNMARK, LLC, 245 P.3d 1149 (Nev. 2010).
“Two days after the execution of the lease, ECT recorded a notice of nonresponsibility with the Clark County Recorder’s Office, pursuant to NRS 108.234. In the notice, ECT acknowledged the intended construction by Wickes and noted its nonresponsibility for the improvements.”
Iliescu, Jr. Vs. Steppan, 2017 NV 25 (Nev. 2017).
“SUPREME COURT OF NEVADA (0) 1947A 9 Second, although NRS 108.234 generally provides that an owner with knowledge of an "improvement constructed, altered or repaired upon property" is responsible for liens on its property, NRS 108.”
Iliescu, Jr. Vs. Steppan, 2017 NV 25 (Nev. 2017).
“234(1), a disinterested owner may avoid responsibility for a lien if he or she gives a notice of non-responsibility after he or she "first obtains knowledge of the construction, alteration or repair, or the intended construction, alteration or repair," NRS 108.”
— Nev. Rev. Stat. § 108.234(2)(a) — 1 case
Hardy Companies, Inc. v. SNMARK, LLC, 245 P.3d 1149 (Nev. 2010).
“Two days after the execution of the lease, ECT recorded a notice of nonresponsibility with the Clark County Recorder’s Office, pursuant to NRS 108.234. In the notice, ECT acknowledged the intended construction by Wickes and noted its nonresponsibility for the improvements.”
— Nev. Rev. Stat. § 108.234(4)(a) — 1 case
Hardy Companies, Inc. v. SNMARK, LLC, 245 P.3d 1149 (Nev. 2010).
“Two days after the execution of the lease, ECT recorded a notice of nonresponsibility with the Clark County Recorder’s Office, pursuant to NRS 108.234. In the notice, ECT acknowledged the intended construction by Wickes and noted its nonresponsibility for the improvements.”
— Nev. Rev. Stat. § 108.234(4)(b) — 1 case
Hardy Companies, Inc. v. SNMARK, LLC, 245 P.3d 1149 (Nev. 2010).
“Two days after the execution of the lease, ECT recorded a notice of nonresponsibility with the Clark County Recorder’s Office, pursuant to NRS 108.234. In the notice, ECT acknowledged the intended construction by Wickes and noted its nonresponsibility for the improvements.”
— Nev. Rev. Stat. § 108.234(6) — 1 case
Hardy Companies, Inc. v. SNMARK, LLC, 245 P.3d 1149 (Nev. 2010).
“Two days after the execution of the lease, ECT recorded a notice of nonresponsibility with the Clark County Recorder’s Office, pursuant to NRS 108.234. In the notice, ECT acknowledged the intended construction by Wickes and noted its nonresponsibility for the improvements.”
— Nev. Rev. Stat. § 108.234(7)(a) — 2 cases
Iliescu, Jr. Vs. Steppan, 2017 NV 25 (Nev. 2017).
“SUPREME COURT OF NEVADA (0) 1947A 9 Second, although NRS 108.234 generally provides that an owner with knowledge of an "improvement constructed, altered or repaired upon property" is responsible for liens on its property, NRS 108.”
Iliescu, Jr. Vs. Steppan, 2017 NV 25 (Nev. 2017).
“234(1), a disinterested owner may avoid responsibility for a lien if he or she gives a notice of non-responsibility after he or she "first obtains knowledge of the construction, alteration or repair, or the intended construction, alteration or repair," NRS 108.”
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