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?
Rules and regulations for sending a Nebraska Preliminary Notice
Lien claimants must send a "Notice of Lien Liability" to the property owner to preserve their lien rights. While it can be sent at any time prior to filing the mechanic lien, there are benefits to sending it as early as possible, as it notifies the owner of the claimantâ€™s right to assert a lien and places on the owner the burden of holding back sufficient funds from the prime contract to pay the potential lien claims. This deadline marks the end of 30 days from when you first furnished labor or materials. Since this deadline is not an absolute, if you missed it, you may still want to deliver the notice.
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
Can a prelimary notice of lien be filed on a house in North Carolina that has been sold but not yet closed.
How do I put a lien on the property and sue these people for kicking me out after remodeling and getting my tools stolen
First, filing a lien under the circumstances you present is problematic. There are strict deadlines for noticing intent and recording your lien. Sounds to me like this is an afterthought and not within 4 months of your last date of work, but perhaps I'm wrong there. In any event, if you're seeking items from two years ago, I doubt that would go well for you under a mechanic's lien theory of recovery.
Second, it doesn't sound like there was much of an arrangement between you and the owner, this was something you were doing to improve the residence you were living in.
Third, if you're broke, what good is the mechanic's lien anyway? Even if it were valid, you'd still need to take action on it to pursue it. If they've just refi'd, I imagine the property is encumbered to a not-insignificant extent. The loan already closed, so presumably they aren't going to refi again or sell very soon. If you don't have the money to pursue a wrongful eviction, foreclosure likely isn't within your current financial ability to pursue. If you aren't going to foreclose, then you still have other claims and remedies, but I'd think you'd handle most of those claims and damages within a wrongful eviction case, should you ever have the means to pursue that case.
I have not been paid and didnt file the 20 day due 9 months ago
Most likely your best course of action at this point would be a demand letter and potentially a breach of contract action against the GC who has not paid you. If there is a payment bond on the project your may still have time to make a claim against this bond. But otherwise, because you did not send preliminary notice, you would not have lien rights.
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