NRS 108.2425
Exception to sufficiency of surety or surety bond

  • order to require additional security or change, substitute or add securities or for other relief
  • court may order principal to obtain additional security or to change or substitute securities if amount of surety bond insufficient
  • surety to remain liable on surety bond regardless of payment of premium.

1.

The lien claimant may, within 15 days after the service of a copy of the surety bond pursuant to subsection 4 of NRS 108.2415, file a motion with the clerk of the court in a pending action, or if no action has been commenced, file a petition with the court, excepting to the sufficiency of the surety or the surety bond, and shall, at the same time and together with that motion or petition, file an affidavit setting forth the grounds and basis of the exceptions to the surety or the surety bond, and shall serve a copy of the motion or petition and a copy of the affidavit upon the principal at the address set forth in the surety bond within 5 business days after the date of filing. A hearing must be had upon the justification of the surety or the surety bond not less than 10 days and not more than 20 days after the filing of the motion or petition. If the court determines that the surety or surety bond is insufficient, the lien claimant’s lien will remain against the property or the court may allow the substitution of a sufficient surety and surety bond.

2.

If, at any time after the recording of a surety bond pursuant to NRS 108.2415, the surety becomes unauthorized to transact surety business in this State pursuant to NRS 679A.030 or is dropped from the United States Department of the Treasury’s Listing of Approved Sureties or there exists any other good cause, a lien claimant or other person having an interest in the surety bond may apply to the district court in a pending action, or commence an action if none is pending, for an order to require the principal to provide additional security or to change, substitute or add securities, or to enforce or change any other matter affecting the security provided by the surety bond.

3.

If a court finds that the amount of a surety bond recorded pursuant to NRS 108.2415 is insufficient to pay the total amount that may be awarded by the court pursuant to NRS 108.237, the court shall order the principal to obtain additional security or to change or substitute securities so that the amount of the security provided is 1.5 times the total amount that may be awarded.

4.

Any surety that records or consents to the recording of a surety bond pursuant to NRS 108.2415 will remain fully liable to any lien claimant for up to the penal sum of the surety bond regardless of the payment or nonpayment of any surety bond premium.

Source: Section 108.2425 — Exception to sufficiency of surety or surety bond; order to require additional security or change, substitute or add securities or for other relief; court may order principal to obtain additional security or to change or substitute securities if amount of surety bond insufficient; surety to remain liable on surety bond regardless of payment of premium., https://www.­leg.­state.­nv.­us/NRS/NRS-108.­html#NRS108Sec2425.

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

§ 108.2425’s source at nv​.us