Nebraska Notice of Right to Assert Lien Form
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Get help filing your Nebraska Preliminary Notice
In contrast to many states, Nebraska does not require preliminary notice in order to preserve lien rights. However, if the property owner is a “protected party,” contractors and suppliers may send a type of preliminary notice. This can be accomplished with the Notice of Right to Assert Lien form.
As with all other states and all construction projects, providing preliminary notice is recommended even when it’s not required. Sending preliminary notice promotes project visibility, improves communication, and speeds up payment.
About Nebraska’s Notice of Right to Assert Lien form
According to Nebraska’s statutes, certain “unsophisticated” parties, like residential homeowners, have special protection against mechanics lien claims. Liens against these parties are limited to the lesser of:
(a) the amount unpaid under the claimant’s contract, or
(b) the amount unpaid under the prime contract through which the claimant claims at the time the contracting owner receives the claimant’s notice of lien liability.
A contractor or supplier who fails to send this notice to a protected party will still have the right to file a Nebraska mechanics lien for non-payment. However, the amount that they have the right to claim may be significantly reduced. Sending a Notice of Right to Assert lien can help protect a construction party’s payments fully and secure the right to file a “full-price” lien.
Looking for a different form?
After completing the Nebraska Notice of Right to Assert Lien Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about Nebraska Preliminary Notice
Does my direct contractor have to file a Notice to Owner?
Levelset Article on Pay if Paid not factual.
Thanks for the heads up, we appreciate the input! We are aware of the holding in Transtar Electric, and our CEO discussed it at length when the opinion was first published, here: Ohio Gets Pay If Paid Decision Wrong, Hurts Subcontractors
The article you're referring to has been updated. Thanks again!
When do the lien waivers get signed?
Ask a construction lawyer about a Nebraska Preliminary Notice
Other forms to use in Nebraska
Nebraska County Recorders
Looking to file/record a mechanics lien in Nebraska? You'll need to get your Nebraska mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Nebraska. Click on any county to find more information about how to get your lien recorded in that county.
222 S 4th St
Albion, Nebraska, 68620-1247
451 N 5th St
David City, Nebraska, 68632
346 Main Street
Plattsmouth, Nebraska, 68048
431 So 10th Ave
Broken Bow, Nebraska, 68822
101 Broadway Street
Dakota City, Nebraska, 68731
700 N Washington St # D
Lexington, Nebraska, 68850
phone: (308) 324-4271
1819 Farnam St
Omaha, Nebraska, 68183
phone: 402 444 7163
900 G Street
Geneva, Nebraska, 68361
912 R St
Beaver City, NE, Nebraska, 68926
fax: (308) 268-3205
206 Main St
Center, NE, Nebraska, 68724
1313 N. Main St.
Madison, Nebraska, 68748
1021 Central Avenue
Nebraska City, Nebraska, 68410
phone: (402) 873-9500