NRS 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

  • calculation of interest
  • award of costs and attorney’s fees when lien claim not upheld.

1.

The court shall award to a prevailing lien claimant, whether on its lien or on a surety bond, the lienable amount found due to the lien claimant by the court and the cost of preparing and recording the notice of lien, including, without limitation, attorney’s fees, if any, and interest. The court shall also award to the prevailing lien claimant, whether on its lien or on a surety bond, the costs of the proceedings, including, without limitation, reasonable attorney’s fees, the costs for representation of the lien claimant in the proceedings, and any other amounts as the court may find to be justly due and owing to the lien claimant.

2.

The court shall calculate interest for purposes of subsection 1 based upon:

(a)

The rate of interest agreed upon in the lien claimant’s contract; or

(b)

If a rate of interest is not provided in the lien claimant’s contract, interest at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 4 percent, on the amount of the lien found payable. The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the amount of the lien is paid.
Ê Interest is payable from the date on which the payment is found to have been due, as determined by the court.

3.

If the lien claim is not upheld, the court may award costs and reasonable attorney’s fees to the owner or other person defending against the lien claim if the court finds that the notice of lien was pursued by the lien claimant without a reasonable basis in law or fact.

Source: Section 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; calculation of interest; award of costs and attorney’s fees when lien claim not upheld., https://www.­leg.­state.­nv.­us/NRS/NRS-108.­html#NRS108Sec237.

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

§ 108.237’s source at nv​.us