Nevada § 108.235 - Amount recoverable by prime contractor; payment of all liens by prime contractor; defense of action on notice of lien; withholding or deduction of money by owner

§ 108.235. Amount recoverable by prime contractor; payment of all liens by prime contractor; defense of action on notice of lien; withholding or deduction of money by owner

1. A prime contractor: (a) Upon a notice of lien, may recover the lienable amount as may be due, plus all

amounts that may be awarded by the court pursuant to NRS 108.237 ; and (b) Upon receipt of the amount described in paragraph (a), shall pay all liens for

the work, equipment or materials which were furnished or to be furnished as provided

in NRS 108.221 to 108.246 , inclusive. 2. In all cases where a prime contractor has been paid for the work, materials or

equipment which are the subject of a notice of lien recorded under NRS 108.221 to 108.246 , inclusive, the prime contractor shall defend the owner in any action brought thereupon

at the prime contractor’s own expense. 3. Except as otherwise provided in this subsection, if a lien claimant records a notice

of lien for the work, equipment or materials furnished or to be furnished to the prime

contractor, the owner may withhold from the prime contractor the amount of money for

which the lien claimant's notice of lien is recorded. If the lien claimant's notice of lien resulted from the owner's failure to pay the

prime contractor for the lien claimant's work, materials or equipment, the owner shall

not withhold the amount set forth in the notice of lien from the prime contractor

if the prime contractor or lien claimant tenders a release of the lien claimant's

lien to the owner. In case of judgment against the owner or the owner’s property which is the subject

of the lien, the owner may deduct, from any amount due or to become due to the prime

contractor, the amount paid by the owner to the lien claimant for which the prime

contractor was liable and recover back from the prime contractor any amount so paid

by the owner in excess of the amount the court has found that the owner owes to the

prime contractor.