NRS
108.236 Court must declare rank of lien claimants or class of lien
claimants; application of proceeds.
1. In every case in which different liens
are asserted against any property, the court, in the judgment, must declare the
rank of each lien claimant or class of lien claimants in the following order:
(a) First: All labor whether performed at the
instance or direction of the owner, the subcontractor or the prime contractor.
(b) Second: Material suppliers and lessors of
equipment.
(c) Third: All other lien claimants who have
performed their work, in whole or in part, under contract with the prime
contractor or any subcontractor.
(d) Fourth: All other lien claimants.
2. The proceeds of the sale of the
property must be applied to each lien claimant or class of lien claimants in
the order of its rank.
(Added to NRS by 1965,
1164; A 1993,
2056; 2003,
2607)
Notes of Decisions
Simmons Self-Storage Partners, LLC v. Rib Roof, Inc., 247 P.3d 1107 (Nev. 2011).
“NRS 108.236; NRS 108.239(7) and (9). Once the lienable amount has been determined, the court generally must order the property sold: On ascertaining the whole amount of the liens with which the property is justly chargeable, as provided in NRS 108.”
A.F. Constr. Co. v. Virgin River Casino Corp., 56 P.3d 887 (Nev. 2002).
· cites it 2× “Other than the required determination of asserted mechanic’s liens pursuant to NRS 108.236, we hold that priority of other claims against the property may be established in a subsequent proceeding and need not be established in the enforcement proceeding.”
Af Constr. Co. v. Virgin River Casino Co., 56 P.3d 887 (Nev. 2002).
· cites it 2× “Other than the required determination of asserted mechanic's liens pursuant to NRS 108.236, we hold that priority of other claims against the property may be established in a subsequent proceeding and need not be established in the enforcement proceeding.”
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