Legal Question in Construction Law in Nevada

Release of Lien

I am a Subcontractor that entered into a contract with a General Contractor on a Commercial project. There is a balance owed on this project but the General refused to pay. I liened the property and now he wants the lien released for partial payment (75% of what is owed). He states that he is holding the 25% as security against repairs and also retention.

He will not pay the 75% WITHOUT my releasing the lien so my question is can I release the lien, collect the 75% and the re-record the lien for the balance owed?

If not, what other options do I have under NV law?

Thank you for your time.


Asked on 11/10/08, 7:29 pm

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Re: Release of Lien

The General Contractor may want to get the owner of project to bond around the unpaid lien balance, under this law:

http://www.leg.state.nv.us/Nrs/NRS-108.html#NRS108Sec2413

Your attorney can explain further.

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Answered on 11/10/08, 7:48 pm


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