1. At any time before or during the trial of any action to foreclose a lien, a lien claimant may record an amended notice of lien to correct or clarify the lien claimant’s notice of lien. The lien claimant shall serve the owner of the property with an amended notice of lien in the same manner as required for serving a notice of lien pursuant to NRS 108.227 and within 30 days after recording the amended notice of lien. A variance between a notice of lien and an amended notice of lien does not defeat the lien and shall not be deemed material unless the variance:
(a) Results from fraud or is made intentionally; or
(b) Misleads an adverse party to the party’s prejudice, but then only with respect to the adverse party who was prejudiced.
2. Upon the trial of any action or suit to foreclose a lien, a variance between the lien and the proof does not defeat the lien and shall not be deemed material unless the variance:
(a) Results from fraud or is made intentionally; or
(b) Misleads the adverse party to the party’s prejudice, but then only with respect to the adverse party who was prejudiced.
In all cases of immaterial variance the notice of lien may be amended, by amendment duly recorded, to conform to the proof.
3. An error or mistake in the name of the owner contained in any notice of lien does not defeat the lien, unless a correction of the notice of lien in a particular instance would prejudice the rights of an innocent bona fide purchaser or encumbrancer for value, but then only with respect to the bona fide purchaser or encumbrancer for value who was prejudiced.
4. Upon the trial, if it appears that an error or mistake has been made in the name of the owner or that the wrong person has been named as owner in any notice of lien, the court shall order an amended notice of lien to be recorded with the county recorder where the original notice of lien was recorded and shall issue to the person who is so made to appear to be the original owner a notice directing the person or persons to be and appear before the court within the same time as is provided by Nevada Rules of Civil Procedure for the appearance in other actions after the service of summons, which notice must be served in all respects as a summons is required to be served, and to show cause why:
(a) That person or persons should not be substituted as the correct owner in the notice of lien and in the suit, in lieu of the person so made defendant and alleged to be owner by mistake.
(b) That person or persons should not be bound by the judgment or decree of the court. Such proceedings must be had therein as though the party so cited to appear had been an original party defendant in the action or suit, and originally named in the notice of lien as owner, and the rights of all parties must thereupon be fully adjudicated.
5. A notice of lien which contains therein the description of the property supplied by and set forth in the notice of completion recorded pursuant to NRS 108.228 must, for all purposes, be sufficient as a description of the actual property upon which the work was performed or materials or equipment were supplied, and amendment of the notice of lien or amendment of the pleading filed by the lien claimant in a foreclosure action, or both, may be made to state the correct description, and the corrected description relates back to the time of recording the notice of lien, unless a correction of the notice of lien in a particular instance would prejudice the rights of an innocent bona fide purchaser or encumbrancer for value, but then only with respect to the bona fide purchaser or encumbrancer for value who was prejudiced.
(Added to NRS by 1965, 1162; A 2003, 2602)
Structure Nevada Revised Statutes
NRS 108.22104 - "Agent of the owner" defined.
NRS 108.22108 - "Building" defined.
NRS 108.22112 - "Commencement of construction" defined.
NRS 108.22116 - "Completion of the work of improvement" defined.
NRS 108.22118 - "Construction control" defined.
NRS 108.2212 - "Contract" defined.
NRS 108.22124 - "Equipment" defined.
NRS 108.22128 - "Improvement" defined.
NRS 108.22132 - "Lien" defined.
NRS 108.22136 - "Lienable amount" defined.
NRS 108.2214 - "Lien claimant" defined.
NRS 108.22144 - "Material" defined.
NRS 108.22146 - "Notice of lien" defined.
NRS 108.22148 - "Owner" defined.
NRS 108.22156 - "Prevailing lien claimant" defined.
NRS 108.2216 - "Prime contract" defined.
NRS 108.22164 - "Prime contractor" defined.
NRS 108.22168 - "Principal" defined.
NRS 108.22172 - "Property" defined.
NRS 108.22176 - "Surety" defined.
NRS 108.2218 - "Surety bond" defined.
NRS 108.22184 - "Work" defined.
NRS 108.22188 - "Work of improvement" defined.
NRS 108.225 - Priority of liens.
NRS 108.227 - Service of copy of notice of lien.
NRS 108.232 - Notice of lien to be recorded; fees of recorder.
NRS 108.233 - Duration of lien.
NRS 108.238 - Right to maintain civil action or submit controversy to arbitration not impaired.
NRS 108.2413 - Release of lien rights or notice of lien by posting surety bond.
NRS 108.2423 - Enforcement of liability of principal and surety.
NRS 108.243 - Assignment of lien.
NRS 108.244 - Limitation on filing complaint for foreclosure of notice of lien.
NRS 108.245 - Notice of right to lien: Form; service; effect.
NRS 108.249 - Lien on mill, manufactory or hoisting works.
NRS 108.250 - Extinguishment of lien on real property created by levy of attachment.
NRS 108.260 - Expiration of effective notice of pendency of action.
NRS 108.266 - "Landlord" defined.
NRS 108.267 - "Legal owner" defined.
NRS 108.2671 - "Manufactured home" defined.
NRS 108.2673 - "Mobile home" defined.
NRS 108.2675 - "Mobile home lot" defined.
NRS 108.2677 - "Mobile home park" defined.
NRS 108.26775 - "Recreational vehicle" defined.
NRS 108.2678 - "Recreational vehicle park" defined.
NRS 108.2679 - "Registered owner" defined.
NRS 108.26795 - "Trailer" defined.
NRS 108.268 - Legal owner of aircraft.
NRS 108.2723 - Liens on abandoned recreational vehicles: Notice.
NRS 108.2735 - Liens on mobile homes, manufactured homes and motor vehicles: Expiration.
NRS 108.274 - Liens on aircraft: Statement of amount by claimant.
NRS 108.276 - Liens on aircraft: Redelivery of property upon posting of bond.
NRS 108.278 - Liens on aircraft: Application for redelivery of property or release of bond; hearing.
NRS 108.290 - Priority of lien; limitation on lien of landlord.
NRS 108.310 - Satisfaction of lien; sale by auction; disposition of proceeds.
NRS 108.315 - Enforcement of lien for unpaid rent or utilities by landlord.
NRS 108.330 - Remedy for enforcing lien does not preclude other remedies.
NRS 108.340 - Liability of claimant for failure to redeliver.
NRS 108.350 - Validity of lien may be contested; liability of claimant after sale.
NRS 108.353 - Contesting validity of lien on motor vehicle.
NRS 108.355 - Contesting validity of lien on mobile home or manufactured home.
NRS 108.360 - Penalty for incurring bill without authority or by misrepresentation.
NRS 108.365 - Penalty for committing certain acts involving motor vehicle.
NRS 108.367 - Penalty for violation of NRS 108.265 to 108.367, inclusive.
NRS 108.380 - Storage of unclaimed freight by carriers and warehousemen.
NRS 108.400 - Service of notice.
NRS 108.410 - Sale of perishable freight to satisfy lien.
NRS 108.430 - Disposition of unclaimed surplus.
NRS 108.440 - Right of bailee to sell property on bailor’s failure to pay storage charges.
NRS 108.450 - Notice and advertisement of sale; redemption of property.
NRS 108.460 - Disposition of proceeds of sale.
NRS 108.470 - Provisions not applicable to pawnbrokers or moneylenders.
NRS 108.4731 - "Electronic mail" defined.
NRS 108.4733 - "Facility" defined.
NRS 108.4734 - "Last known address" defined.
NRS 108.4735 - "Occupant" defined.
NRS 108.474 - "Owner" defined.
NRS 108.4743 - "Personal property" defined.
NRS 108.4744 - "Protected property" defined.
NRS 108.4745 - "Rental agreement" defined.
NRS 108.4746 - "Storage space" defined.
NRS 108.4748 - "Verified mail" defined.
NRS 108.4753 - Lien of owner of facility; priority of lien created by document of title.
NRS 108.4755 - Contents of rental agreement.
NRS 108.4757 - Presumption regarding maximum value of property stored.
NRS 108.4765 - Occupant’s declaration in opposition to sale.
NRS 108.477 - Sale of occupant’s property by owner: Advertisement; manner; distribution of proceeds.
NRS 108.4773 - Claim of property subject to security interest.
NRS 108.4775 - Satisfaction of lien by person claiming interest in property.
NRS 108.480 - Lien on personal property; sale after 30 days after default.
NRS 108.490 - Sale of baggage or property left at hotel, motel, lodging house or boardinghouse.
NRS 108.500 - Sales at public auction: Notice; disposition of proceeds.
NRS 108.550 - Foreclosure of lien; sale; disposition of proceeds.
NRS 108.570 - Service of stallion: Lien on mare and offspring; penalties.
NRS 108.580 - Persons selling ore to reduction works have preferred liens.
NRS 108.590 - Extent of lien; exception; lien in addition to lien on property.
NRS 108.600 - Limitations on extent of lien.
NRS 108.610 - Notice of lien required: Recording and service.
NRS 108.640 - Hospital records: Examination; copying.
NRS 108.650 - Payment to injured person after notice of lien; liability and payment to hospital.
NRS 108.660 - Foreclosure of lien.
NRS 108.662 - Extent of lien; notice of lien; amendment of notice; limitations.
NRS 108.665 - Foreclosure: Manner; limitations.
NRS 108.670 - Extent of lien; detention of vessel; priority of claims.
NRS 108.690 - Amount by which lien exceeds $1,000 is secondary to perfected security interest.
NRS 108.700 - Lien does not deprive lienholder of other remedy.
NRS 108.710 - Satisfaction of lien: Notice; sale by auction; disposition of proceeds.
NRS 108.720 - Payment of lien and expenses before sale.
NRS 108.730 - Remedy for enforcing lien does not preclude other remedies.
NRS 108.740 - Lawful sale releases lienholder.
NRS 108.760 - Penalty for incurring bill without authority or by misrepresentation.
NRS 108.780 - Liens for work done and for storage by agreement; exemption of warehousemen.
NRS 108.790 - Sales by lienholders after notice.
NRS 108.800 - Service or posting of notice; disposition of proceeds of sale.
NRS 108.810 - Waiver of lien; action upon amount.
NRS 108.820 - Notices to be posted in business establishments.
NRS 108.827 - Federal liens: Place of filing.
NRS 108.829 - Execution of notices and certificates.
NRS 108.831 - Duties of filing officer.
NRS 108.837 - Uniformity of interpretation.
NRS 108.850 - Petition for lien.
NRS 108.870 - Foreclosure of lien.
NRS 108.882 - "Farm product" defined.
NRS 108.883 - "Processed farm product" defined.
NRS 108.884 - "Processor" defined.
NRS 108.885 - "Producer" defined.
NRS 108.887 - Lien of producer.
NRS 108.888 - Attachment of lien; priority of lien.
NRS 108.891 - Release of lien: Provision of security; payment or arrangement for payment.
NRS 108.892 - Release of lien: Additional methods; disposition of farm product.
NRS 108.893 - Release of farm product or processed farm product by court.
NRS 108.894 - Effect of judgment on lien.
NRS 108.895 - Actions to foreclose lien: Preliminary injunction.