Nev. Rev. Stat. » NRS: CHAPTER 108 - STATUTORY LIENS

Nev. Rev. Stat. § 108.238

Right to maintain civil action or submit controversy to arbitration not impaired

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NRS 108.238  Right to maintain civil action or submit controversy to arbitration not impaired.  The provisions of NRS 108.221 to 108.246, inclusive, must not be construed to impair or affect the right of a lien claimant to whom any debt may be due for work, materials or equipment furnished to maintain a civil action to recover that debt against the person liable therefor or to submit any controversy arising under a contract to arbitration to recover that amount.

      (Added to NRS by 1965, 1165; A 2003, 2608)

     

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1969–2021 · leading case: Day & Night Manufacturing Co. v. Fidelity & Casualty Co.
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Day & Night Manufacturing Co. v. Fidelity & Casualty Co. (1969) nev · cites it 4× “First, NRS 108.238 [2] preserves the right of any person to whom any debt may be due for work done or material furnished to maintain a personal action to recover such debt against the person liable therefor.”
Lane-Tahoe, Inc. v. Kindred Construction Company (1975) nev · cites it 2× “" With regard to the McKenzie controversy, it is urged that the quoted language bars arbitration since Lane-Tahoe did not file its motion to compel arbitration until more than six months after *495 McKenzie had recorded its claim of lien. [3] It is Lane-Tahoe's position that the…”
Fisher Brothers, Inc. v. Harrah Realty Co. (1976) nev “NRS 108.238 provides that the mere existence of the mechanic’s lien statutes should not be construed to preclude anyone from maintaining an independent action to recover a debt resulting from “work done or material furnished” against the person liable therefore.”
Nevada National Bank v. Snyder (1992) nev · cites it 2× “NRS 108.238 provides: Right to maintain personal action for debt not impaired.”
KORTE CONSTR. CO. VS. STATE, BD. OF REGENTS (2021) nev · cites it 2× “" NRS 108.238. SUPREME COURT OF NEVADA 4 101 I947A 441DP .”
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