I am a small electrical contractor. A customer has not paid and I owe suppliers. I did not get a contract with the customer..I am in Nebraska. Can I still file a lien?
1 reply
Apr 16, 2020
Electrical contractors and subs are entitled to mechanics lien rights in Nebraska, regardless of whether the contract was put to writing. Further, there aren't any preliminary notice requirements for preserving mechanics lien rights - so that shouldn't be an issue, either. Obviously, though, it's important to consider the deadline for filing a Nebraska mechanics lien. The deadline to file a Nebraska mechanics lien is 120 days after last furnishing labor or materials, though - so that provides a lot of time.
Before opting to file a mechanics lien, it's worth noting that there are other recovery tools that might be worth exhausting first - especially when the lien deadline isn't all that close. For one, sending simple (but formal) invoice reminders will often lead to payment. Or, escalating the dispute with a demand letter can force payment as well.
Further, because mechanics liens are so powerful - the mere threat of a mechanics lien is powerful, too. Sending a Notice of Intent to Lien is a great way to get paid without actually having to pursue a lien claim. Plus, if it's not effective, a lien could always be filed later on. Further discussion here: What Is a Notice of Intent to Lien and Should You Send One?