My company filed a Notice of Intent to Lien, but never filed a Mechanic's Lien. The Customer is requesting a Lien Release to be sent prior to remitting payment. Can I file a Lien Release on a Notice of Intent?
Based on Nevada Supreme Court Cases, the owner of the property cannot ask for a lien release prior to receiving payment. However, you can provide a conditional lien release that becomes valid upon your receipt of the payment. Look at NRS 108.2457(c), it includes a "CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT" form that you can use to provide to the homeowner. Good Luck on this....
Thank you very much, Mr. May. I greatly appreciate your response.