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7 Jun, 2019

Refresher On Nebraska Ag Lien Law Pt. 4: The Vet’s Lien

2019-06-18T13:51:25-05:00June 7th, 2019|Lien Rights, Midwest Agricultural Law|

A lien for a licensed veterinarian against any livestock cared for or treated. It's hard to argue that anybody who routinely utilizes shoulder length latex gloves should not have priority to payment for their services.  So indisputable is the vet's right to payment that the lien procedure is probably the most straightforward and simple ag lien to follow. A vet lien is created by filing a UCC financing statement within [...]

15 May, 2019

Refresher on Nebraska Ag Liens Pt. 3: Keeping The Thresher’s Lien Clear

2019-05-29T10:59:12-05:00May 15th, 2019|Farm Management, Lien Rights, Midwest Agricultural Law|

  -     A lien for the owner or operator of any threshing machine or combine against the grain or seed harvested or processed.  Neb. Rev. Stat. Sec. 52-501. A combine with a plugged feeder house is extremely frustrating and basically useless until the plug is removed. Similarly, liens that are plugged with filing or notice problems are frustrating and potentially unenforceable.  Even a straightforward thresher's lien can contain [...]

8 Apr, 2019

REFRESHER ON NEBRASKA AG LIENS, PT 2: The Artisan Lien and possession as 9/10ths the law.

2019-04-08T15:06:59-05:00April 8th, 2019|Farm Management, Lien Rights, Midwest Agricultural Law|

Good work. Now make sure to hold onto the tractor until you get paid - A lien for the  person who makes, alters, repairs, or enhances the value of machinery, farm tools or implements, or shoes horses or mules. Why the lien is called an Artisan's Lien is beyond me.  I don't remember anybody who would be covered by this lien calling themselves an artisan.  Maybe I need [...]

20 Mar, 2019

REFRESHER ON NEBRASKA AGRICULTURAL LIENS PT. 1: Types of Security

2019-03-25T14:11:23-05:00March 20th, 2019|Lien Rights, Midwest Agricultural Law|

  Lately we have been fielding a lot of calls from farmers, ranchers and various other agribusiness to assist in collecting on unpaid debts. Our first question when taking that call is “when was the work performed or the materials supplied?” Our second question, “is there an ag lien on file yet?” It seems that everybody knows ag liens exist. It also seems that only the most sophisticated know exactly [...]

20 Jun, 2017

Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project.

2019-03-12T09:20:02-05:00June 20th, 2017|Bond Claims, Breach of Contract, Construction Claims, Construction Contractor Advisor, Construction Law, Government Contracting, Lien Rights, Midwest Agricultural Law, Nebraska Construction, Payment Bond|

According to a quick Google search the term holding the bag" comes from the mid eighteenth century and means be left with the onus of what was originally another's responsibility.  Nobody wants to be left holding the bag.  But that is the situation our client (subcontractor) found themselves in when upon completion of a public project the general contractor went out of business before paying the remaining amount due and [...]

6 Jul, 2015

Thank Your Founding Fathers for Mechanic’s Liens

2018-04-23T23:55:10-05:00July 6th, 2015|Construction Contractor Advisor, Lien Rights|

Yep, our founding fathers, Thomas Jefferson and James Madison specifically, were responsible for proposing the first mechanic’s lien laws in the United States.  Mechanic’s liens were not a new concept when the first law was passed in the United States; France, Spain and other countries already had them.  But, in England, where landownership was limited to the upper classes, the concept of giving a tradesman an interest in the land for [...]

26 Feb, 2013

Can you Waive Lien Rights Before the Project Starts?

2013-02-26T09:00:21-06:00February 26th, 2013|Lien Rights|

Some construction contracts contain provisions that require contractors to waive their right to file a lien. Do your contracts have provisions like this? Is this legal?  The short answer is yes they are legal and the provisions can greatly impact your ability to get paid for your work. Nebraska’s Construction Prompt Pay Act, §§45-1201 to 45-1210 , requires owners to pay contractors within 30 days after the owner or owner’s [...]

11 Sep, 2012

Beware of Waiving Your Lien Rights

2012-09-11T08:16:37-05:00September 11th, 2012|Construction Lien, Lien Rights|

Have you ever thought about waiving your right to file a lien on a project? Have you perhaps waived your lien rights by signing a contract without closely examining it? I recently came across a contract that contained the following clause: The subcontractor shall not file a mechanic’s or materialman’s lien or maintain any claim against the owner’s real estate or improvements for or on account of any work done, [...]

12 Jul, 2012

Do You Always Have Lien Rights?

2012-07-12T07:55:38-05:00July 12th, 2012|Lien Rights|

How often do you review the payment terms of a contract with an eye toward whether you are waiving lien rights under that contract? This is something you should consider if your contract contains a pay-if-paid clause.  I am often times asked about the difference between a pay-when-paid and pay-if-paid clause. The real difference is that a pay-when-paid clause simply allows a contractor a reasonable amount of time by which [...]