Construction liens are governed under the Nebraska Construction Lien Act, found at Sections 52-125 to 52-159 of the Nebraska Revised Statutes.

In order to file for a construction lien, the claimant must correctly follow the steps set out by state law. In Nebraska, the first step is to serve the owner or person who contracted with the owner with a Notice of Right to Assert Lien. At any time after a claimant has entered into the contract under which he or she may claim a lien under the Nebraska Construction Lien Act, he or she may give notice of the right to assert a lien to the contracting owner. Neb. Rev. Stat. 52-135(1). The Notice lets the owner know that someone is providing material, labor, or machinery on their land and that person may have a right to file a lien.

The notice of the right to assert a lien must be in writing, state that it is a notice of a right to assert a lien against real estate for services or materials furnished in connection with improvement of the real estate, and contain: (a) The name of the claimant and the address to which the owner or others may send communications to the claimant; (b) The name and address of the person with whom the claimant contracted; (c) The name of the owner against whom a lien is or may be claimed; (d) A general description of the services or materials provided or to be provided; (e) A description sufficient to identify the real estate against which the lien is or may be claimed; (f) A statement that the claimant is entitled to record a lien; and (g) The amount unpaid to the claimant for services or materials, whether or not due, or if no amount is fixed by the contract, a good faith estimate of the amount designated as an estimate. Id. Finally, the Notice must include the following statement in type no smaller than that used in providing the other information required: "Warning. If you did not contract with the person giving this notice, any future payments you make in connection with this project may subject you to double liability."

In addition to the statutory content requirements, the form must meet any state and local standards for recorded documents. File the completed Notice with the recording office for the county where the subject property is located.

This article is offered for informational purposes only and is not legal advice. This information should not be relied upon as a substitute for speaking with an attorney. Please speak with a Nebraska attorney familiar with lien laws for questions regarding the notice of right to assert a lien or for any other issues related to construction liens.

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