As we have discussed in other blog posts, filing a construction lien on time is critical to preserving your claim. If you file a construction lien in Nebraska outside of the 120-day window, your lien will be invalid.
This past week, we filed a construction lien electronically in Douglas County. This means that we submitted the lien on-line and waited for a Douglas County employee to review the lien and ultimately file it. We provided the lien on August 15th. We did not receive confirmation of the lien until August 16, and the filing date on the lien said August 16, 2019.
Fortunately, we had a lot of time before our client’s 120-day window expired. But, what if we needed the lien filed on August 15th? Would we have been out of time because the lien was actually filed on August 16th? Maybe. And, I don’t like maybes.
Take Away: Don’t wait until the last day to file your construction lien. But, if you are on the last day, bring the lien down to the Register of Deeds to make sure you get it filed that day. If you have questions about filing a construction lien, we recommend you consult with an experienced construction attorney.