In Dayside Inc. v. Dist. Court, 75 P.3d 384 (Nev. 2003), the court explained Nevada legislation was silent on the issue of whether such lien waivers were effective, and absent a legislative proclamation, the court ruled a prior waiver of a mechanic's lien is not contrary to public policy. Id. at 387. The Nevada court noted, "a waiver provision merely limits the avenues available to a contractor to collect for expended materials or labor in the event the owner fails to pay." Dayside, 75 P.3d at 387. In Nevada, a contractor signed a lien waiver contained in a construction contract. After failing to receive payment, the contractor sought to enforce a mechanic's lien, arguing the waiver provision in the original contract was void because it was against public policy. Id. at 385. The district court granted a partial summary judgment and dismissed the mechanic's lien. The Nevada Supreme Court denied a petition for a writ of mandamus to reverse the partial summary judgment and restore the mechanic's lien, concluding a prior waiver of a mechanic's lien contained in a construction contract is not void as against public policy. Id. at 387-88. The Nevada Supreme Court recognized the split among jurisdictions as to the validity of prior lien waivers contained in construction contracts and whether consideration was required for such a waiver to be effective. Id. at 386-87.