Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Nebraska
Nebraska
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Nebraska Quick Overview
| Pursuant Code | Neb. Rev. Stat. §§ 52-125 to 52-159 | |
| Prelien Required for Private/Commercial Projects | No, but may be beneficial | |
| Prelien Required for Public Projects | No | |
| NE Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 1 to 3 years | |
| Waivable Lien Rights | Yes | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | ||
| Prelien Minimum Information | Claimant's name and address, contracting party, owner's name and address, general description of services or materials, description of property, unpaid amount, and statutory warning language. | |
| Prelien Minimum Notifications | Owner | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Nebraska by Role
Nebraska does not require preliminary notice to preserve lien rights. However, if the project involves a 'protected party' (e.g., residential property owner), it is highly advisable to serve a 'Notice of Right to Lien' to preserve enforceability. This notice is optional but impacts the strength of the lien against protected owners. The actual lien must be recorded within 120 days of final furnishing, with service to the owner within 10 days after recording.
Possible Exceptions, Special Circumstances, and Caveats in Nebraska
Owner Occupied Residential: Not specifically exempt, but owners are considered 'protected parties' under the statute, meaning failure to serve notice may limit enforceability.
Residential: Residential owners may be 'protected parties,' requiring optional notice to preserve enforceability.
Homesteads: See 'protected party' provisions.
Mechanic's Liens in Nebraska
In Nebraska, a construction lien must be recorded within 120 days after the final furnishing of labor or materials to the project. A copy of the lien must be served on the property owner within 10 days after recording. The lien remains enforceable for two years after recording unless the owner demands earlier action, in which case the claimant must commence a lawsuit or file an affidavit within 30 days. Statutes impacting lien rights include NE Rev. St. §§ 52-125 to 52-159.
Bond Claims in Nebraska
Public projects in Nebraska are typically protected by payment bonds under the Little Miller Act (NE Rev. St. § 52-118). Subcontractors and suppliers have the right to file a claim against the bond for unpaid work or materials. Strict notice requirements and deadlines apply, often requiring claimants to give written notice to the principal and surety within 90 days of last furnishing labor or materials, and to file suit within 1 year after final completion.
Construction Lien Waivers in Nebraska
Required Format: Nebraska does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Nebraska does not require waivers to be notarized.
Nebraska does not provide statutory lien waiver forms. Waivers are governed by general contract principles. Parties should ensure any waiver is clear and includes consideration for the release of lien rights.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Nebraska counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Nebraska
Frequently Asked Questions (FAQs) on Nebraska Lien Processes for Contractors
Does Nebraska require a preliminary notice to preserve mechanics lien rights?
Preliminary notice is not generally required unless the project involves a 'protected party' under NE Rev. St. § 52-129, in which case a Notice of Right to Assert a Lien should be served.
When must a construction lien be filed in Nebraska?
The lien must be recorded within 120 days after the claimant's final furnishing of labor or materials to the project.
Is serving the property owner required after recording a lien?
Yes. The claimant must serve a copy of the recorded lien on the property owner within 10 days after recording.
What happens if the owner demands that a lien claimant initiate a lawsuit?
If the owner records a demand, the claimant must either file suit to enforce the lien or record an affidavit explaining that payment is not yet due within 30 days.
How does a subcontractor or supplier make a claim on a public project in Nebraska?
They must file a claim against the payment bond under Nebraska's Little Miller Act, typically providing notice within 90 days of last furnishing and filing suit within 1 year after project completion.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
