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Lien waivers by state · Nevada

Nevada lien waiver requirements

Nevada is a statutory-form state

Nevada is a "statutory form" state: NRS 108.2457 prescribes four mandatory lien-waiver and release forms (conditional and unconditional, on progress and final payments), and a waiver/release is unenforceable unless it follows the statutory form. Separately, NRS 108.2453 voids contract provisions that purport to waive or limit lien rights in advance, so lien rights generally cannot be waived except through a payment-based statutory release.

Statute: Nev. Rev. Stat. § 108.2457 (statutory waiver/release forms); see also § 108.2453 (advance/contractual waiver of lien rights prohibited)

Nevada lien waiver forms

The four standard waiver-and-release types and Nevada’s rules for each.
Waiver typeStatutory form?Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization
NRS 108.2457 requires only that the waiver be signed by the lien claimant or its authorized agent; notarization is not required. Industry guidance (Levelset, Siteline) warns that adding a notary block or otherwise altering the statutory form can invalidate the waiver, so notarization is discouraged.
Mandatory statutory language
NRS 108.2457(5) provides four required forms and states a waiver and release is unenforceable unless it is in the prescribed form for the circumstance: (1) Conditional Waiver and Release Upon Progress Payment, (2) Unconditional Waiver and Release Upon Progress Payment, (3) Conditional Waiver and Release Upon Final Payment, and (4) Unconditional Waiver and Release Upon Final Payment. Parties should match the statutory language and not add to the forms.
Electronic signatures accepted

Key Nevada deadlines

Preliminary / pre-lien notice
For subcontractors and suppliers: serve a Notice of Right to Lien on the owner (and prime contractor) within 31 days of first furnishing labor or materials (NRS 108.245). Prime/general contractors contracting directly with the owner are generally exempt.
Notice of intent to lien
Required on single-family/multifamily residential projects only: claimants (other than laborers/wage claimants) must serve a 15-day Notice of Intent to Lien on the owner and prime contractor before recording the lien (NRS 108.226(6)). Not required on nonresidential/commercial projects.
Mechanics lien filing deadline
Record the notice of lien within 90 days after the latest of completion of the work of improvement, last delivery of materials/equipment, or last performance of work by the claimant (NRS 108.226). The deadline shortens to 40 days if a valid Notice of Completion is recorded and served.

Nevada lien waiver FAQ

Does Nevada require a specific lien waiver form?

Yes. Nevada is a statutory-form state — NRS 108.2457 prescribes four specific waiver and release forms (conditional/unconditional, on progress/final payment), and a waiver is unenforceable unless it follows the statutory form for the circumstance.

Do lien waivers need to be notarized in Nevada?

No. Nevada does not require lien waivers to be notarized; the statute requires only the claimant's (or authorized agent's) signature. Adding a notary block or otherwise altering the prescribed form can actually invalidate the waiver, so notarization is discouraged.

Can lien waivers be signed electronically in Nevada?

Yes. Nevada has adopted the Uniform Electronic Transactions Act (NRS Chapter 719), under which a signature cannot be denied legal effect solely because it is electronic, provided the parties have agreed to transact electronically. The statutory waiver form language must still be followed exactly.

What is the deadline to file a mechanics lien in Nevada?

Generally within 90 days after the latest of project completion, last furnishing of labor/materials, or last work by the claimant (NRS 108.226). If a valid Notice of Completion is recorded and served, the deadline shortens to 40 days.

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