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Whether you鈥檙e a general contractor (GC), subcontractor, or property owner, understanding Nebraska lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party鈥檚 right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.
Understanding these nuanced requirements is important for subcontractors to maintain compliance, prevent payment disputes, and protect their financial interests. So grab your hard hat, and let鈥檚 dive into the world of Nebraska lien waivers!
鈥�(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
In Nebraska, lien waivers are totally unregulated, even compared to many other states. This lack of clear regulations means it's crucial to understand the nuances of Nebraska's lien laws before starting any construction project. Many of actually favor the property owner, leaving GCs, subcontractors, and suppliers with less protection than you might expect. Here are some of the finer points when dealing with Nebraska lien waivers:
- Unlike most states, 鈥渃onsideration,鈥� or a clearly outlined exchange between two parties, is not required for an enforceable lien waiver. State statutes note it is 鈥渧alid and binding鈥� anytime after signing, even if work hasn鈥檛 begun. This makes Nebraska one of just a few states that allow 鈥渘o-lien clauses,鈥� otherwise known as advance lien waivers.
- Any ambiguities within the lien waiver are interpreted against the claimant in the court of law. This means that the lien waiver will favor the property owner in case of a dispute.
- Pay-if-paid clauses are valid here, which means the GC only needs to pay subcontractors if they are paid by the property owner. (We recommend subs negotiate for their removal in favor of a pay-when-paid clause instead.)
- Lien rights can be waived prior to payment in Nebraska.
With all of these things in mind, it鈥檚 up to you to carefully review the lien waiver and corresponding job contract before doing business in Nebraska. Since the state does not provide a statutory form, parties can use their own and may try to include clauses that eliminate your lien rights. Request to remove any language that attempts to do so. (You鈥檒l pat yourself on the back later.)
Nebraska does not provide any state-mandated lien waiver form.
Nebraska accepts both conditional and unconditional lien waivers.
Nebraska lien waivers don鈥檛 need to be notarized unless the client specifically requests it.
To be considered valid in Nebraska, a lien waiver must:聽
- be in writing聽
- be signed by the waiving party
- clearly state the amount being waived and the property to which it applies
in the contract in Nebraska. Advance lien waivers are valid here, meaning lien rights can be waived before work begins.
In Nebraska, parties to waive their lien rights before payment.
Completing Lien Waivers in Siteline
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers鈥攊ndividually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
No, Nebraska lien waivers are not governed by a specific statutory form. This is why it鈥檚 crucial for construction teams to review every single word of the lien waiver and corresponding job contract to ensure compliance and safeguard lien rights.
There aren鈥檛 any specific requirements for Nebraska lien waivers. To be valid, make sure your lien waiver:
- clearly states the amount being waived and the property to which it applies, and
- is signed by the party waiving their lien rights.
Nebraska doesn鈥檛 specify when lien waivers should be exchanged; parties can do so anytime, even before the project begins. (We don鈥檛 recommend this practice and instead only suggest waiving lien rights after you鈥檝e been paid or in accordance with a progress pay app.)
Lien waivers in Nebraska can either be conditional (exchanged with a progress pay app) or unconditional (binding when signed, whether you鈥檝e been paid or not). When using an unconditional lien waiver, only exchange it after you鈥檝e been paid.
If you鈥檙e wondering which type of lien waivers to use for your construction project, review this comprehensive guide.
Yes, lien waiver provisions can be added to the contract. 鈥淣o-lien clauses鈥� are legal in Nebraska, meaning parties can waive lien rights before work begins or supplies are purchased. Review the lien waiver and contract carefully to make sure you aren鈥檛 signing away your right to file a lien.
GCs, subs, and suppliers, listen up: Nebraska lien waivers are completely unregulated, and the state even has some laws that specifically support owners vs. construction teams.
For starters, it鈥檚 perfectly legal to waive lien rights in the contract or prior to payment in Nebraska, eliminating claimants鈥� leverage to get paid fairly. Nebraska is only one of a minority of states that support 鈥渘o-lien clauses,鈥� otherwise known as advance lien waivers. This means parties can waive lien rights before the project even begins.
Adding to this, that if a lien waiver is ambiguous, any points that lack clarity will be interpreted against the claimant.
Since parties can use their own forms, carefully review the Nebraska lien waiver and corresponding job contract if a dispute occurs. Request to remove any unsavory clauses that try to eliminate your lien rights. If the dispute can鈥檛 be resolved directly, consider consulting with a construction law attorney who is familiar with Nebraska lien laws.
Before you start on a Nebraska construction job, get squared away with state laws and resources regarding lien waivers and mechanic鈥檚 liens:
- (covers mechanic鈥檚 liens)
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients鈥攚ithout ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who鈥檚 received the form, who鈥檚 opened it, and who has (or hasn鈥檛) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.