Nebraska Lien Waiver Rules
- Rules At Glance
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No Specific Form
Nebraska law does not provide or require statutory forms for lien waivers.
Notarization Not Required
Nebraska does not require that a lien waiver be notarized. Only the claimant's signature is required.
Can Waive Rights in Contract
Nebraska specifically allows parties to waive lien rights prior to work.
Can Waive Rights Before Payment
Nebraska specifically allows parties to waive lien rights prior to payment.
Nebraska lien waivers can be very tricky.
Lien waivers are not regulated in Nebraska, either in language or form, or in timing. In fact, in Nebraska lien waiver documents, parties can agree to pretty much whatever they want, whenever they want (as long as the agreement is clear, and not contrary to public policy).
This means that when parties exchange a lien waiver in Nebraska, or when they contract to perform work related to a construction project, they ought to look very closely at the document and what is being agreed upon. Parties in Nebraska are able to waive lien rights before payment, and even before work. And, the language required to do so is not strictly regulated by state statutes, or set forth clearly in court decisions. It’s really a “what the waiver says goes” kind of place.
Accordingly, good, clean, standard lien waiver forms and language should always be used in Nebraska to keep things fair and clear for everybody. If non-standard or overreaching language is used on Nebraska lien waivers, it’s likely that whatever the waiver says will be enforced.
Below are some frequently asked questions about the lien waiver laws and requirements in Nebraska.
