This is the first in a series of blogs on preserving your rights to get paid on a construction project. The most effective tool you have to get paid is by filing a construction lien. But, there’s a lot to consider before you file that lien. This blog will cover when you must file your lien and where the lien should be filed.
The Nebraska Construction Lien Act is contained in sections 52-125 to 52-159 of the Nebraska Revised Statutes. These statutes set forth all of the legal requirements of a construction lien.
When to File
A contractor that furnishes services or materials has the right to file a construction lien for non-payment. Section 52-131. This does not include suppliers to suppliers or supplies to parties lower than first tier subcontractors. Contractors must record their liens within 120 days after the final furnishing of services or materials. Section 52-137
While this sounds easy, the time frame can creep up on you, especially if you are being bombarded with promises of payment next week or the week after. It is vitally important that a contractor document when it last provided services or materials to the job site.
Where to File
A contractor must record the lien by presenting it to the register of deeds for the county in which the property is located. Section 52-127(13).
If you have questions about filing a construction lien, talk to an experienced construction attorney to make sure it gets done right.