The information that you must include in a Nebraska construction lien is pretty straightforward. A construction lien must include the following:
- The real estate subject to the lien;
- The name of the person against whose interest in the real estate a lien is claimed;
- The name and address of the claimant;
- The name and address of the person with whom the claimant contracted;
- A general description of the services performed or materials furnished for the improvement and the contract price;
- The amount unpaid, whether or not due, to the claimant for the services or materials or if no amount is fixed by the contract, a good faith estimate of the amount designated; and
- The time the last services or materials were furnished.
If you fail to include any of these items in your lien, your lien may be declared invalid.
The most difficult parts of the construction lien are correctly identifying the property description and the owner. Don’t rely on the address contained on the contract. It’s better to get the property description from the Register of Deeds. The same is true about the owner. The owner may not be identified in the contract documents. Again, the Register of Deeds’ records will show who or what entity owns the property. Finally, make sure you send a copy of the lien to the owner within ten (10) days of recording your lien.
Construction liens are one of your best defenses to preserve your right to get paid. But, you have to do it right. If you have questions about your construction lien, contact an experienced construction attorney.
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