Nevada Lien Waivers Guide and FAQs

Yes, Nevada is one of the 12 states that provide statutory lien waiver forms that must be used to effectively waive lien rights in Nevada. The advantage of this is that it takes the guesswork out of the lien waiver process, and avoids any additional language that could potentially waive more/other rights than intended.

In order for a Nevada lien waiver to be valid, it must be in the same form as provided under NRS §108.2457 and signed by the lien claimant or the claimant’s authorized agent.

For the specific information required and a free downloadable template, see:

•  Guide to Nevada’s Conditional Progress Lien Waiver [Free Download]

• Guide to Nevada’s Unconditional Progress Lien Waiver [Free Download]

• Guide to Nevada’s Conditional Final Lien Waiver [Free Download]

• Guide to Nevada’s Unconditional Final Lien Waiver [Free Download]

No, there is no prohibition on unconditional lien waivers in Nevada as long as they are in the statutory form. However, if you have yet to receive payment (i.e. cash in hand, or a cleared check) we recommend using a conditional waiver as the safer option.

• Dive deeper: Conditional vs. Unconditional Waivers, What’s the Difference?

An interesting note concerning unconditional waivers in Nevada is that waiver statute specifically states that “Notwithstanding any language in a waiver and release form, if payment is given in exchange for any waiver and release of lien is made by check, draft or other negotiable instrument, and the same fails to clear the bank on which it is drawn for any reason, then the wavier shall be deemed 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 claimant in law or equity will not be affected by the lien claimant’s execution of the waiver and release.”  

Which was further supported by a Nevada Supreme Court decision, where a check failed to clear and the court determined that the waiver and release was void. Although unconditional waivers cannot be enforced in Nevada if a payment fails, it’s still best practice to be as cautious as possible and favor conditional waivers.

No, the Nevada lien statutes specifically prohibit this practice. What we refer to as “no-lien clauses.” This prohibition is found under NRS 108.2457(1) which states that “Any term of a contract that attempts to waive or impair the lien rights of a contractor, subcontractor, or supplier is void.“

No, of the 12 states that provide statutory lien waiver forms, only 3 states require them to be notarized. Nevada’s lien waivers don’t require notarization to be valid, In fact, an argument could be made that notarizing a Nevada lien waiver, could actually invalidate it.