NRS 108.2457
Term of contract that attempts to waive or impair lien rights of contractor, subcontractor or supplier void
- requirements for enforceability of waiver or release of rights of lien claimant
- effect of payment in form of two-party joint check
- forms.
1.
Any term of a contract that attempts to waive or impair the lien rights of a contractor, subcontractor or supplier is void. An owner, contractor or subcontractor by any term of a contract, or otherwise, may not obtain the waiver of, or impair the lien rights of, a contractor, subcontractor or supplier, except as provided in this section. Any written consent given by a lien claimant that waives or limits any lien rights is unenforceable unless the lien claimant:(a)
Executes and delivers a waiver and release that is signed by the lien claimant or the lien claimant’s authorized agent in the form set forth in this section; and(b)
In the case of a conditional waiver and release, receives payment of the amount identified in the conditional waiver and release.2.
An oral or written statement purporting to waive, release or otherwise adversely affect the rights of a lien claimant is not enforceable and does not create any estoppel or impairment of a lien unless:(a)
There is a written waiver and release in the form set forth in this section; and(b)
The lien claimant received payment for the lien and then only to the extent of the payment received.3.
Payment in the form of a two-party joint check made payable to a lien claimant and another joint payee who are in privity with each other shall, upon endorsement by the lien claimant and the joint check clearing the bank upon which it is drawn, be deemed to be payment to the lien claimant for only:(a)
The amount of the joint check;(b)
The amount the payor intended to pay the lien claimant out of the joint check; or(c)
The balance owed to the lien claimant for the work, materials or equipment covered by the joint check, whichever is less.4.
This section does not affect the enforceability of either an accord and satisfaction regarding a bona fide dispute or any agreement made in settlement of an action pending in any court or arbitration, provided the accord and satisfaction or settlement makes specific reference to the lien rights waived or impaired and is in a writing signed by the lien claimant.5.
The waiver and release given by any lien claimant is unenforceable unless it is in the following forms in the following circumstances:(a)
Where the lien claimant is required to execute a waiver and release in exchange for or to induce the payment of a progress billing and the lien claimant is not in fact paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release must be in the following form:(b)
Where the lien claimant has been paid in full or a part of the amount provided for in the progress billing, the waiver and release of the amount paid must be in the following form:(c)
Where the lien claimant is required to execute a waiver and release in exchange for or to induce payment of a final billing and the lien claimant is not paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release must be in the following form:(d)
Where the lien claimant has been paid the final billing, the waiver and release must be in the following form:(e)
Notwithstanding any language in any waiver and release form set forth in this section, if the payment given in exchange for any waiver and release of lien is made by check, draft or other such negotiable instrument, and the same fails to clear the bank on which it is drawn for any reason, then the waiver and release shall be deemed null, void and of no legal effect whatsoever and all liens, lien rights, bond rights, contract rights or any other right to recover payment afforded to the lien claimant in law or equity will not be affected by the lien claimant’s execution of the waiver and release.
Source:
Section 108.2457 — Term of contract that attempts to waive or impair lien rights of contractor, subcontractor or supplier void; requirements for enforceability of waiver or release of rights of lien claimant; effect of payment in form of two-party joint check; forms., https://www.leg.state.nv.us/NRS/NRS-108.html#NRS108Sec2457.