NRS 108.235
Amount recoverable by prime contractor

  • payment of all liens by prime contractor
  • defense of action on notice of lien
  • withholding or deduction of money by owner.

1.

A prime contractor:

(a)

Upon a notice of lien, may recover the lienable amount as may be due, plus all amounts that may be awarded by the court pursuant to NRS 108.237; and

(b)

Upon receipt of the amount described in paragraph (a), shall pay all liens for the work, equipment or materials which were furnished or to be furnished as provided in NRS 108.221 to 108.246, inclusive.

2.

In all cases where a prime contractor has been paid for the work, materials or equipment which are the subject of a notice of lien recorded under NRS 108.221 to 108.246, inclusive, the prime contractor shall defend the owner in any action brought thereupon at the prime contractor’s own expense.

3.

Except as otherwise provided in this subsection, if a lien claimant records a notice of lien for the work, equipment or materials furnished or to be furnished to the prime contractor, the owner may withhold from the prime contractor the amount of money for which the lien claimant’s notice of lien is recorded. If the lien claimant’s notice of lien resulted from the owner’s failure to pay the prime contractor for the lien claimant’s work, materials or equipment, the owner shall not withhold the amount set forth in the notice of lien from the prime contractor if the prime contractor or lien claimant tenders a release of the lien claimant’s lien to the owner. In case of judgment against the owner or the owner’s property which is the subject of the lien, the owner may deduct, from any amount due or to become due to the prime contractor, the amount paid by the owner to the lien claimant for which the prime contractor was liable and recover back from the prime contractor any amount so paid by the owner in excess of the amount the court has found that the owner owes to the prime contractor.

Source: Section 108.235 — Amount recoverable by prime contractor; payment of all liens by prime contractor; defense of action on notice of lien; withholding or deduction of money by owner., https://www.­leg.­state.­nv.­us/NRS/NRS-108.­html#NRS108Sec235.

108.221
Definitions.
108.222
Lien on property, improvements and construction disbursement account
108.225
Priority of liens.
108.226
Perfection of lien: Time for recording notice of lien
108.227
Service of copy of notice of lien.
108.228
Notice of completion: Recording
108.229
Recording and service of amended notice of lien
108.231
Notice of lien against two or more separate buildings or mining claims: Designation of amount due on each
108.232
Notice of lien to be recorded
108.233
Duration of lien.
108.234
Recording of notice of nonresponsibility by disinterested owner
108.235
Amount recoverable by prime contractor
108.236
Court must declare rank of lien claimants or class of lien claimants
108.237
Award of lienable amount, cost of preparing and recording notice of lien, costs of proceedings and representation and other amounts to prevailing lien claimant
108.238
Right to maintain civil action or submit controversy to arbitration not impaired.
108.239
Action to enforce notice of lien: Complaint
108.243
Assignment of lien.
108.244
Limitation on filing complaint for foreclosure of notice of lien.
108.245
Notice of right to lien: Form
108.2212
“Contract” defined.
108.2214
“Lien claimant” defined.
108.2216
“Prime contract” defined.
108.2218
“Surety bond” defined.
108.2275
Frivolous or excessive notice of lien: Motion
108.2403
Lessee to record notice of posted security and either establish construction disbursement account or record surety bond before beginning work of improvement
108.2407
Lien claimant has lien upon funds in construction disbursement account
108.2413
Release of lien rights or notice of lien by posting surety bond.
108.2415
Form of surety bond posted to release lien
108.2421
Action against principal and surety on surety bond and debtor: Action before or after surety bond is recorded
108.2423
Enforcement of liability of principal and surety.
108.2425
Exception to sufficiency of surety or surety bond
108.2433
Discharge of notice of lien: Marginal entries
108.2437
Discharge of notice of lien: Recording by lien claimant
108.2457
Term of contract that attempts to waive or impair lien rights of contractor, subcontractor or supplier void
108.22104
“Agent of the owner” defined.
108.22108
“Building” defined.
108.22112
“Commencement of construction” defined.
108.22116
“Completion of the work of improvement” defined.
108.22118
“Construction control” defined.
108.22124
“Equipment” defined.
108.22128
“Improvement” defined.
108.22132
“Lien” defined.
108.22136
“Lienable amount” defined.
108.22144
“Material” defined.
108.22146
“Notice of lien” defined.
108.22148
“Owner” defined.
108.22156
“Prevailing lien claimant” defined.
108.22164
“Prime contractor” defined.
108.22168
“Principal” defined.
108.22172
“Property” defined.
108.22176
“Surety” defined.
108.22184
“Work” defined.
108.22188
“Work of improvement” defined.
Last Updated

Jun. 24, 2021

§ 108.235’s source at nv​.us