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

Nev. Rev. Stat. § 108.239

Action to enforce notice of lien: Complaint; required notices; joinder of persons holding or claiming notice of lien; consolidation of actions; hearing and judgment; preferential trial setting; binding arbitration; sale of property

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NRS 108.239  Action to enforce notice of lien: Complaint; required notices; joinder of persons holding or claiming notice of lien; consolidation of actions; hearing and judgment; preferential trial setting; binding arbitration; sale of property.

      1.  A notice of lien may be enforced by an action in any court of competent jurisdiction that is located within the county where the property upon which the work of improvement is located, on setting out in the complaint the particulars of the demand, with a description of the property to be charged with the lien.

      2.  At the time of filing the complaint and issuing the summons, the lien claimant shall:

      (a) File a notice of pendency of the action in the manner provided in NRS 14.010; and

      (b) Cause a notice of foreclosure to be published at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons holding or claiming a notice of lien pursuant to the provisions of NRS 108.221 to 108.246, inclusive, on the property to file with the clerk and serve on the lien claimant and also on the defendant, if the defendant is within the State or is represented by counsel, written statements of the facts constituting their liens, together with the dates and amounts thereof.

      3.  All persons holding or claiming a notice of lien may join a lien claimant’s action by filing a statement of facts within a reasonable time after publication of the notice of foreclosure or receiving notice of the foreclosure, whichever occurs later. Any number of persons claiming liens may join in the same action if they timely file a statement of facts in the lien claimant’s action. The lien claimant and other parties adversely interested must be allowed 20 days to answer the statements.

      4.  If it appears from the records of the county recorder that there are other notices of lien recorded against the same property at the time of the commencement of the action, the lien claimant shall, in addition to and after the initial publication of the notice of foreclosure as provided in paragraph (b) of subsection 2, mail to those other lien claimants, by registered or certified mail, or deliver in person a copy of the notice of foreclosure as published.

      5.  At the time of any change in the venue of the action, the lien claimant shall file a notice of pendency of the action, in the manner provided in NRS 14.010, and include in the notice the court and county to which the action is changed.

      6.  When separate actions are commenced by lien claimants to foreclose on their respective notices of lien, the court may consolidate all the actions. The consolidation does not affect or change the priority of lien claims.

      7.  The court shall enter judgment according to the right of the parties, and shall, by decree, proceed to hear and determine the claims in a summary way, or may, if it be the district court, refer the claims to a special master to ascertain and report upon the liens and the amount justly due thereon. No consequential damages may be recovered in an action pursuant to this section. All liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited.

      8.  Upon petition by a lien claimant for a preferential trial setting:

      (a) The court shall give preference in setting a date for the trial of an action brought pursuant to this section; and

      (b) If a lien action is designated as complex by the court, the court may take into account the rights and claims of all lien claimants in setting a date for the preferential trial.

      9.  If the lienable amount of a lien claimant’s lien is the subject of binding arbitration:

      (a) The court may, at the request of a party to the arbitration, stay the lien claimant’s action to foreclose the lien pending the outcome of the binding arbitration. If the foreclosure on the lien involves the rights of other lien claimants or persons whose claims are not the subject of the binding arbitration, the court may stay the lien claimant’s foreclosure proceeding only upon terms which are just and which afford the lien claimant a fair opportunity to protect his or her lien rights and priorities with respect to other lien claimants and persons.

      (b) Upon the granting of an award by the arbitrator, any party to the arbitration may seek an order from the court in the action to foreclose on the lien confirming or adopting the award and determining the lienable amount of the lien claimant’s lien in accordance with the order, if any. Upon determining the lienable amount, the court shall enter a judgment or decree for the lienable amount, plus all amounts that may be awarded by the court to the lien claimant pursuant to NRS 108.237, and the court may include as part of the lien all costs and attorney’s fees awarded to the lien claimant by the arbitrator and all costs and attorney’s fees incurred by the lien claimant pertaining to any application or motion to confirm, adopt, modify or correct the award of the arbitrator. A judgment or decree entered by the court pursuant to this subsection may be enforced against the property as provided in subsections 10, 11 and 12.

      10.  On ascertaining the whole amount of the liens with which the property is justly chargeable, as provided in NRS 108.221 to 108.246, inclusive, the court shall cause the property to be sold in satisfaction of all liens and the costs of sale, including all amounts awarded to all lien claimants pursuant to NRS 108.237, and any party in whose favor judgment may be rendered may cause the property to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real property.

      11.  If the proceeds of sale, after payment of the costs of sale, are not sufficient to satisfy all liens to be included in the decree of sale, including all amounts awarded to all lien claimants pursuant to NRS 108.237, the proceeds must be apportioned according to the right of the various lien claimants. If the proceeds of the sale amount to more than the sum of all liens and the cost of sale, the remainder must be paid over to the owner of the property.

      12.  Each party whose claim is not satisfied in the manner provided in this section is entitled to personal judgment for the residue against the party legally liable for it if that person has been personally summoned or has appeared in the action.

      (Added to NRS by 1965, 1165; A 1969, 728; 1981, 175; 1983, 1848; 1989, 628; 1997, 2694; 2003, 2608; 2005, 1904)

     

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1975–2021 · leading case: Venetian Casino Resort, LLC v. Eighth Judicial District Court of the State of Nevada
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Venetian Casino Resort, LLC v. Eighth Judicial District Court of the State of Nevada (2002) nev · cites it 10× “Therefore, the district court's appointment of a special master was authorized by NRCP 53 and NRS 108.239. The scope of Special Master Turner's authority.”
Crestline Investment Group, Inc. v. Lewis (2003) nev · cites it 9× “After first determining that Lewis waived his lien claim by failing to timely file a statement of facts as required by NRS 108.239(2)(b), the district court reversed its earlier decision and concluded that Lewis could include mileage payments and insurance premiums as wages for…”
Lehrer McGovern Bovis, Inc. v. Bullock Insulation, Inc. (2008) nev · cites it 3× “222(l)(a), mechanics have a lien right to “the unpaid balance of the price agreed upon,” but, under NRS 108.239(5), contractors may not recover consequential damages in an action to enforce a mechanic’s lien.”
J.A. Jones Construction Co. v. Wilmington Trust Co. (2006) nev · cites it 6× “We also consider whether the district court erred in not applying the standard costs provisions of NRS Chapter 18, instead applying NRS 108.239(6), and holding that under that statute, only a prevailing lien claimant is entitled to costs and that those costs are assessed against…”
Barney v. Mt. Rose Heating & Air Conditioning (2008) nev · cites it 4× “15 The scope of that term, therefore, must be viewed in light of other mechanic’s lien statutes and, in particular, NRS 108.239, which generally governs court actions to enforce mechanic’s liens.”
California Commercial Enterprises v. Amedeo Vegas I, Inc. (2003) nev · cites it 3× “235(1) and NRS 108.239(5) further supports the conclusion that a lienholder is limited to the contract price when a contract exists.”
Simmons Self-Storage Partners, LLC v. Rib Roof, Inc. (2011) nev · cites it 7× “DISCUSSION NRS 108.239 governs actions to enforce a notice of mechanic’s lien.”
Waste Mgmt. of Nev., Inc. v. W. Taylor St., LLC (2019) nev · cites it 5× “520(3) 's reference to the mechanics' lien statute incorporates only the mechanics' lien statute's procedural requirements for foreclosure, as set forth in NRS 108.239. Or, rather, if that reference to the mechanics' lien statute also incorporates the requirements for perfecting…”
West Charleston Lofts I, LLC v. R & O Construction Co. (2013) nvd · cites it 4× “239(2), the party seeking to enforce the lien “shall,” among other things, “[a]t the time of filing the complaint and issuing the summons ... [f]ile a notice of pendency of the action in the manner provided in NRS 14.”
Southern Trust Mortgage Co. v. K & B Door Co. (1988) nev · cites it 2× “Suffice it to say that neither NRS 108.239(5), 3 nor NRCP 53(b) 4 authorized the district judge to refer “all issues set forth in the pleadings” to the special master.”
Lane-Tahoe, Inc. v. Kindred Construction Company (1975) nev · cites it 2× “Kindred filed a statement of facts constituting its claim of lien [NRS 108.239] in a lien foreclosure action commenced by two of its subcontractors, Incline Glass and Cal-Vada Cabinet Company, against Lane-Tahoe.”
S & S Carpets v. Valley Bank of Nevada (1978) nev · cites it 3× “However, NRS 108.239 contemplates filing, not mailing.”
Show all 22 citing cases →
— Nev. Rev. Stat. § 108.239(1) — 3 cases
Simmons Self-Storage Partners, LLC v. Rib Roof, Inc. (2011) nev “DISCUSSION NRS 108.239 governs actions to enforce a notice of mechanic’s lien.”
West Charleston Lofts I, LLC v. R & O Construction Co. (2013) nvd “239(2), the party seeking to enforce the lien “shall,” among other things, “[a]t the time of filing the complaint and issuing the summons ... [f]ile a notice of pendency of the action in the manner provided in NRS 14.”
Simmons Self-Storage v. Rib Roof, Inc. (2014) nev
— Nev. Rev. Stat. § 108.239(10) — 3 cases
Barney v. Mt. Rose Heating & Air Conditioning (2008) nev “15 The scope of that term, therefore, must be viewed in light of other mechanic’s lien statutes and, in particular, NRS 108.239, which generally governs court actions to enforce mechanic’s liens.”
Simmons Self-Storage Partners, LLC v. Rib Roof, Inc. (2011) nev “DISCUSSION NRS 108.239 governs actions to enforce a notice of mechanic’s lien.”
Simmons Self-Storage v. Rib Roof, Inc. (2014) nev
— Nev. Rev. Stat. § 108.239(11) — 3 cases
S. HIGHLANDS CMTY. ASS'N. VS. SAN FLORENTINE AVE. TRUST (2016) nev
APCO CONSTR., INC. VS. ZITTING BROS. CONSTR., INC. (2020) nev
S. HIGHLANDS CMTY. ASS'N. VS. SAN FLORENTINE AVE. TRUST (2016) nev
— Nev. Rev. Stat. § 108.239(12) — 2 cases
Simmons Self-Storage Partners, LLC v. Rib Roof, Inc. (2011) nev “DISCUSSION NRS 108.239 governs actions to enforce a notice of mechanic’s lien.”
APCO CONSTR., INC. VS. ZITTING BROS. CONSTR., INC. (2020) nev
— Nev. Rev. Stat. § 108.239(2) — 2 cases
West Charleston Lofts I, LLC v. R & O Construction Co. (2013) nvd “239(2), the party seeking to enforce the lien “shall,” among other things, “[a]t the time of filing the complaint and issuing the summons ... [f]ile a notice of pendency of the action in the manner provided in NRS 14.”
S & S Carpets v. Valley Bank of Nevada (1978) nev “However, NRS 108.239 contemplates filing, not mailing.”
— Nev. Rev. Stat. § 108.239(2)(b) — 1 case
Crestline Investment Group, Inc. v. Lewis (2003) nev “After first determining that Lewis waived his lien claim by failing to timely file a statement of facts as required by NRS 108.239(2)(b), the district court reversed its earlier decision and concluded that Lewis could include mileage payments and insurance premiums as wages for…”
— Nev. Rev. Stat. § 108.239(3) — 1 case
Crestline Investment Group, Inc. v. Lewis (2003) nev “After first determining that Lewis waived his lien claim by failing to timely file a statement of facts as required by NRS 108.239(2)(b), the district court reversed its earlier decision and concluded that Lewis could include mileage payments and insurance premiums as wages for…”
— Nev. Rev. Stat. § 108.239(5) — 5 cases
Venetian Casino Resort, LLC v. Eighth Judicial District Court of the State of Nevada (2002) nev “Therefore, the district court's appointment of a special master was authorized by NRCP 53 and NRS 108.239. The scope of Special Master Turner's authority.”
Lehrer McGovern Bovis, Inc. v. Bullock Insulation, Inc. (2008) nev “222(l)(a), mechanics have a lien right to “the unpaid balance of the price agreed upon,” but, under NRS 108.239(5), contractors may not recover consequential damages in an action to enforce a mechanic’s lien.”
California Commercial Enterprises v. Amedeo Vegas I, Inc. (2003) nev “235(1) and NRS 108.239(5) further supports the conclusion that a lienholder is limited to the contract price when a contract exists.”
Southern Trust Mortgage Co. v. K & B Door Co. (1988) nev “Suffice it to say that neither NRS 108.239(5), 3 nor NRCP 53(b) 4 authorized the district judge to refer “all issues set forth in the pleadings” to the special master.”
Lehrer McGovern Bovis v. BULLOCK INSULATION (2008) nev
— Nev. Rev. Stat. § 108.239(6) — 1 case
J.A. Jones Construction Co. v. Wilmington Trust Co. (2006) nev “We also consider whether the district court erred in not applying the standard costs provisions of NRS Chapter 18, instead applying NRS 108.239(6), and holding that under that statute, only a prevailing lien claimant is entitled to costs and that those costs are assessed against…”
— Nev. Rev. Stat. § 108.239(7) — 4 cases
Lehrer McGovern Bovis, Inc. v. Bullock Insulation, Inc. (2008) nev “222(l)(a), mechanics have a lien right to “the unpaid balance of the price agreed upon,” but, under NRS 108.239(5), contractors may not recover consequential damages in an action to enforce a mechanic’s lien.”
Simmons Self-Storage Partners, LLC v. Rib Roof, Inc. (2011) nev “DISCUSSION NRS 108.239 governs actions to enforce a notice of mechanic’s lien.”
Csa Service Center, Llc v. Air Design Systems (2013) nev
Lehrer McGovern Bovis v. BULLOCK INSULATION (2008) nev
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