NEBRASKA PRE-LIEN NOTICE
(NOTICE OF INTENT TO FILE CONSTRUCTION LIEN)
[// GUIDANCE: This form is designed for use under the Nebraska Construction Lien Act. Although Nebraska generally does not mandate a preliminary notice, many practitioners serve a pre-lien notice 10 or more days before recording a lien to (a) satisfy special‐case requirements for certain residential projects; (b) demonstrate good-faith effort to resolve payment disputes; and (c) strengthen any later request for fees and costs. Confirm the project’s classification (commercial, multi-family, owner-occupied residence, etc.) and adapt the timing accordingly before use.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Certificate of Service
1. DOCUMENT HEADER
Pre-Lien Notice (“Notice”)
Effective Date: [EFFECTIVE DATE]
Claimant: [FULL LEGAL NAME OF CLAIMANT], a [STATE] [TYPE OF ENTITY], having its principal place of business at [ADDRESS] (“Claimant”).
Owner: [FULL LEGAL NAME OF RECORD OWNER], of [ADDRESS] (“Owner”).
Prime Contractor (if different from Claimant): [NAME], of [ADDRESS] (“Prime Contractor”).
Project: [PROJECT NAME / DESCRIPTION] located at [SITE ADDRESS, LEGAL DESCRIPTION, AND COUNTY] (“Project Site”).
Recitals
A. Claimant has furnished labor, services, and/or materials (“Work”) for improvements to the Project Site pursuant to the Contract (defined below).
B. Amounts set forth below remain unpaid.
C. Nebraska law permits a construction lien to secure payment.
D. This Notice is given to preserve Claimant’s lien rights and demand payment before a lien is recorded.
2. DEFINITIONS
Alphabetically:
“Contract” – The written or oral agreement(s) between Claimant and [Owner / Prime Contractor] dated [DATE], including all change orders.
“Cure Period” – Ten (10) calendar days after the Service Date, unless extended by written agreement.
“Lien Filing Deadline” – The statutory period within which a construction lien must be recorded (measured from the last date Work was furnished).
“Service Date” – The date this Notice is deemed delivered under Section 8.3.
“Work Value” – The unpaid contract price of Work furnished by Claimant, currently $[AMOUNT].
3. OPERATIVE PROVISIONS
3.1 Notice of Intent. Claimant hereby notifies Owner and all parties in interest that it intends to record a construction lien against the Project Site for non-payment of Work Value unless payment is received within the Cure Period.
3.2 Amount Due. As of the Effective Date, $[AMOUNT] (exclusive of later accruing interest, costs, and attorney fees) is past due and owing to Claimant.
3.3 Demand for Payment. Claimant demands payment in full on or before the last day of the Cure Period. Payment instructions: [WIRE / CHECK PAYABLE TO…].
3.4 Reservation of Rights. If payment is not received by the Cure Period’s expiration, Claimant may, without further notice:
a. record a construction lien;
b. commence foreclosure or other legal proceedings;
c. seek recovery of allowable interest, costs, and attorney fees; and
d. pursue any additional remedies available at law or in equity.
4. REPRESENTATIONS & WARRANTIES
4.1 Claimant represents that:
a. it furnished the Work according to the Contract;
b. the Work was last provided on [LAST DATE FURNISHED];
c. no part of the Work Value has been paid;
d. all pre-conditions to lien rights under Nebraska law have been satisfied or are inapplicable; and
e. the information in this Notice is true and correct to the best of Claimant’s knowledge.
4.2 Survival. These representations and warranties survive delivery of this Notice and any subsequent lien foreclosure.
5. COVENANTS
5.1 Claimant shall refrain from recording its lien until the earlier of (a) expiration of the Cure Period or (b) written rejection of this demand by Owner.
5.2 Owner shall, within the Cure Period, either (a) remit the full Amount Due, or (b) deliver to Claimant a written, itemized dispute statement setting forth any objections.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute default:
a. failure to pay the Amount Due within the Cure Period;
b. failure to deliver a dispute statement under Section 5.2(b); or
c. any material misrepresentation by Owner regarding payment.
6.2 Remedies. Upon default, Claimant may exercise any or all rights provided in Section 3.4 without further notice or demand.
6.3 Attorney Fees & Costs. Owner shall be liable for all reasonable fees and costs incurred by Claimant in enforcing payment, to the fullest extent allowed by state lien law.
7. RISK ALLOCATION
7.1 Limitation of Liability. Claimant’s liability to Owner, if any, arising out of this Notice is limited to the lesser of (a) the Work Value or (b) actual direct damages proven by Owner. Consequential, incidental, and punitive damages are disclaimed.
[// GUIDANCE: Indemnification is “not applicable” per metadata; therefore omitted.]
8. DISPUTE RESOLUTION
8.1 Governing Law. All matters arising from or related to this Notice are governed by the construction‐lien law of the State of Nebraska, without regard to conflict-of-laws principles.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the state courts sitting in [COUNTY], Nebraska.
8.3 Service Method & Effectiveness. This Notice shall be served by (i) personal delivery with written acknowledgment, OR (ii) certified U.S. Mail, return-receipt requested, postage prepaid addressed to the Owner at the address above. Service is deemed complete on the earlier of actual receipt or three (3) calendar days after mailing.
8.4 Injunctive Relief. Nothing herein limits Claimant’s right to seek provisional or injunctive relief to preserve lien rights or Project collateral.
9. GENERAL PROVISIONS
9.1 Entire Notice. This document constitutes the entire pre-lien notice and supersedes all prior oral or written communications regarding the subject matter herein.
9.2 Amendments. Any amendment must be in a writing signed by Claimant.
9.3 Severability. Any invalid provision is severed and the remainder enforced.
9.4 Counterparts & Electronic Signatures. This Notice may be executed in counterparts (including PDF or electronic signatures), each of which is deemed an original.
10. EXECUTION BLOCK
CLAIMANT:
[NAME OF CLAIMANT]
By: _____
Name: ___
Title: ____
Date: ___
OWNER ACKNOWLEDGMENT (optional but recommended):
Acknowledged by Owner: _____
Date: ________
[// GUIDANCE: Nebraska does not require notarization of a pre-lien notice; however, notarizing may strengthen evidentiary value. If notarized, insert standard acknowledgment block here.]
11. CERTIFICATE OF SERVICE
I, [NAME], certify under penalty of perjury that on [DATE] I served the foregoing Pre-Lien Notice upon the below-listed parties by the service method indicated:
- Owner – [ADDRESS] – ☐ Personal Delivery ☐ Certified Mail No. ____
- Prime Contractor – [ADDRESS] – ☐ Personal Delivery ☐ Certified Mail No. ____
Signature: _____
Name & Title: ____
Date: _______
[// GUIDANCE: File a copy of this executed Notice and proof of service in your project file. If no payment is received by the end of the Cure Period, prepare and record the statutorily compliant construction lien within the Lien Filing Deadline.]