NRS
108.2453 Waiver or modification of right, obligation or liability set
forth in NRS
108.221 to 108.246, inclusive, prohibited; certain
conditions, stipulations or provisions of contract for improvement of property
or construction, alteration or repair of work of improvement void and
unenforceable.
1. Except as otherwise provided in NRS 108.221 to 108.246, inclusive, a person may not waive
or modify a right, obligation or liability set forth in the provisions of NRS 108.221 to 108.246, inclusive.
2. A condition, stipulation or provision
in a contract or other agreement for the improvement of property or for the
construction, alteration or repair of a work of improvement in this State that
attempts to do any of the following is contrary to public policy and is void
and unenforceable:
(a) Require a lien claimant to waive rights
provided by law to lien claimants or to limit the rights provided to lien
claimants, other than as expressly provided in NRS 108.221 to 108.246, inclusive;
(b) Relieve a person of an obligation or
liability imposed by the provisions of NRS
108.221 to 108.246, inclusive;
(c) Make the contract or other agreement subject
to the laws of a state other than this State;
(d) Require any litigation, arbitration or other
process for dispute resolution on disputes arising out of the contract or other
agreement to occur in a state other than this State; or
(e) Require a prime contractor or subcontractor
to waive, release or extinguish a claim or right that the prime contractor or
subcontractor may otherwise possess or acquire for delay, acceleration,
disruption or impact damages or an extension of time for delays incurred, for
any delay, acceleration, disruption or impact event which was unreasonable
under the circumstances, not within the contemplation of the parties at the
time the contract was entered into, or for which the prime contractor or
subcontractor is not responsible.
(Added to NRS by 2003,
2590; A 2005,
1913)
Notes of Decisions
Hardy Companies, Inc. v. SNMARK, LLC, 245 P.3d 1149 (Nev. 2010).
· cites it 18× “” SNMARK argues that NRS 108.2453(1) clearly articulates a directive that compliance with the technical obligations of the statutes is required and that a lien claimant can no longer claim that the owner has forfeited his or her right to service of a preliminary notice of right…”
Lehrer McGovern Bovis, Inc. v. Bullock Insulation, Inc., 197 P.3d 1032 (Nev. 2008).
“We note that in 2003, the Legislature amended NRS Chapter 108 to prohibit lien waivers unless such waivers comply with the statutory requirements outlined in NRS 108.2453 and NRS 108.2457. 2003 Nev. Stat.”
Hall CA-NV, LLC v. Ladera Dev. LLC (D. Nev. 2022).
· cites it 2× “Nev. Rev. Stat. §§ 108.2453 , 108.2457. As such, Penta ar- 12 guably had a first-in-line lien on the Property over and above the deeds of trust for Plaintiff Hall 13 and Defendant Ladera.”
Hall CA-NV, LLC v. Ladera Dev. LLC (D. Nev. 2022).
· cites it 2× “Nev. Rev. Stat. §§ 108.2453 , 108.2457. As such, 12 Penta arguably had a first-in-line lien on the Property, giving Penta’s lien priority over Plaintiff 13 Hall’s and Defendant Ladera’s deeds of trust.”
Lehrer McGovern Bovis v. BULLOCK INSULATION, 185 P.3d 1055 (Nev. 2008).
“We note that in 2003, the Legislature amended NRS Chapter 108 to prohibit lien waivers unless such waivers comply with the statutory requirements outlined in NRS 108.2453 and NRS 108.2457. 2003 Nev. Stat.”
— Nev. Rev. Stat. § 108.2453(1) — 2 cases
Hardy Companies, Inc. v. SNMARK, LLC, 245 P.3d 1149 (Nev. 2010).
“” SNMARK argues that NRS 108.2453(1) clearly articulates a directive that compliance with the technical obligations of the statutes is required and that a lien claimant can no longer claim that the owner has forfeited his or her right to service of a preliminary notice of right…”
— Nev. Rev. Stat. § 108.2453(2)(a) — 1 case
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