Construction Liens & Notices
- Pre-Lien Notices
- Construction Liens
- Design Professional Liens (CA Only)
- Stop Notice
-
Bond Claim Notices
(Miller or Little Miller Act) - Notice of Intent to Lien
- Extension of Lien
- Release/Withdrawal of Claim
- Pre-Lien Amendments
Real Estate Title Transfers
- Deeds (Real Estate Title Transfers)
- Affidavits of Death (Death Transfers)
-
Beneficiary Deed
(a.k.a. Transfer on Death Deed) - Revocation of Beneficiary Deed
- Rescission Deed
Business Filings
- Sole-Proprietorships
- Partnerships
-
Fictitious Business Names
(DBA / FBN filings) - Corporation (Inc.)
- Limited Liability Co. (LLC)
- Dissolving/Closing a Business
- Amendments/Changes
Misc. Services
Bond Claim Notices
Nevada
- Basics of an NV Payment Bond (Public & Private Works).
- NV Notice Requirements (Public & Private Works).
- Enforcing an NV Payment Bond (Public & Private Works).
Enforcing an NV Payment Bond Claim
A claim against a Nevada Little Miller Act Payment Bond may be enforced with a lawsuit. The lawsuit is often very complex and should be processed by an attorney specializing in construction law. If you need a referral to a construction law attorney in your area, please contact our office.
The lawsuit to enforce a Nevada Little Miller Act Payment Bond must be commenced no sooner than 90 days nor later than 1 year after the last day the claimant performed labor or supplied materials on the project.[1] Failure to file suit within the 1 year time frame will prevent the claimant form enforcing his/her claim against the payment bond.
Due to expensive court costs and long waiting periods, it is best to use the payment bond claim to negotiate for payment and avoid the court system. However, if full repayment is not made within the 1 year timeframe, the claimant should consider moving forward with the lawsuit to enforce the Nevada Little Miller Act Payment Bond. If you wish to file the lawsuit, your attorney will need some time to prepare the initial papers; please don’t wait until the last minute to contact your attorney.
Special Rules for Public Highways or Road Projects
Claims against a public highway or road contractor’s bond shall be filed with the Nevada Department of Transportation within 30 days from the date of final acceptance of the contract.[2] One copy shall be filed in the office of the Department and the remaining copies shall be forwarded to the contractor and surety.[3] A lawsuit to enforce the bond claim must be enforced within 6 months after the filing of the claim.[4]
List of Cited Statutes and Case Laws for further research
[1] Nevada Revised Statutes §§ 339035 and 339.055.
[2] Nevada Revised Statutes § 408.363.
[3] Ibid.
[4] Ibid.