Stop-Notice - Nebraska

NEBRASKA CONSTRUCTION LIEN RIGHTS AND PAYMENT NOTICE

URL-PRESERVED “STOP NOTICE” CORRECTION

This is not a statutory lender stop notice. It may be used to prepare one of the following only after counsel selects the correct route:

☐ A notice of right to assert a construction lien under Neb. Rev. Stat. § 52-135

☐ A copy-delivery cover letter for an already recorded lien under § 52-135(3)

☐ A noncompulsory payment-dispute notice that expressly creates no statutory withholding duty

Do not demand a 125% reserve, a 150% private release bond, segregation of loan proceeds, automatic personal liability, a five-day cure, bondless injunction, or lender withholding. Those terms do not appear in the current Nebraska Construction Lien Act.

1. Applicability Gate

Selected route: [________________________________]

Why § 52-135 applies or does not apply: [________________________________]

2. Claim and Project Information

Claimant name: [________________________________]

Claimant notice address: [________________________________]

Person with whom claimant contracted: [________________________________]

That person's address: [________________________________]

Contracting owner: [________________________________]

Owner address: [________________________________]

Prime contractor: [________________________________]

Project name and street address: [________________________________]

Real-estate description sufficient for identification: [________________________________]

Services or materials furnished or to be furnished: [________________________________]

Contract date and identifier: [________________________________]

Amount unpaid, whether or not due: $[________________]

☐ Fixed contract amount

☐ Good-faith estimate, expressly designated as an estimate

Amount calculation and supporting documents: [________________________________]

3. Notice of Right to Assert a Lien — Protected-Party Route

Use this section only if counsel confirms that § 52-135 applies. The statutory notice is directed to the contracting owner, not automatically to a construction lender.

NOTICE OF RIGHT TO ASSERT A CONSTRUCTION LIEN

Date: [__/__/____]

To: [CONTRACTING OWNER]

Address: [________________________________]

From: [CLAIMANT]

Notice address: [________________________________]

Claimant contracted with [NAME AND ADDRESS] to furnish the following services or materials in connection with improvement of the real estate described below:

Services or materials: [________________________________]

Real estate: [________________________________]

Claimant states that claimant is entitled to record a construction lien under the Nebraska Construction Lien Act.

Amount unpaid: $[________________]

☐ This is the fixed unpaid amount.

☐ This is a good-faith estimate of the unpaid amount.

Warning. If you did not contract with the person giving this notice, any future payments you make in connection with this project may subject you to double liability.

Optional request for notice of termination of notice of commencement:

☐ Claimant requests written notice of the recording of any notice of termination at least three weeks before its effective date. Send notice to: [________________________________]

____________________________________

[CLAIMANT / AUTHORIZED SIGNER]

4. Noncompulsory Payment Request

This section may accompany the statutory notice or stand alone when counsel determines that § 52-135 does not apply. It is a settlement communication only and does not create a statutory freeze.

Claimant requests that the owner and contracting parties:

1. confirm the disputed amount and identify every disputed line item;
2. provide the prime-contract balance and relevant payment records voluntarily or as otherwise required by contract or law;
3. preserve project, payment, change-order, delivery, and communication records;
4. confer by [__/__/____] regarding payment, joint check, escrow by agreement, bond, or other negotiated resolution; and
5. direct payment or lien communications to [________________________________].

Requested payment: $[________________]

Requested response date selected for settlement: [__/__/____]

No recipient admits liability or undertakes a statutory withholding, segregation, or payment duty merely by receiving this request.

5. Protected-Owner Payment Analysis

For a protected-party contracting owner, § 52-136 ties the lien amount and proper-payment analysis to the prime contract, notices, recorded liens, good faith, and amounts left unpaid. Complete this table before making any claim about double liability or available contract funds.

Payment-treatment conclusion and operative § 52-136 subsection: [________________________________]

6. Lien Recording and Enforcement Calendar

Do not use service of this payment notice as a substitute for recording a compliant lien.

7. Recorded-Lien Preparation Checklist

Section 52-147 requires the signed recorded lien to state the following. Prepare the recorder-ready document separately.

☐ Real estate subject to lien, sufficiently identified

☐ Name of person whose real-estate interest is claimed

☐ Claimant name and address

☐ Name and address of person with whom claimant contracted

☐ General description of services or materials and contract price

☐ Unpaid amount, whether or not due, or labeled good-faith estimate

☐ Last furnishing date or estimate if not yet occurred

☐ Claimant signature

☐ County recording standards, fees, tax-lot data, and return address checked

8. Bond, Substitute Collateral, and Release

Do not privately demand a percentage bond from the owner or lender as though service of this notice created that right.

After liens have attached, § 52-142 permits a person with an interest in the real estate to use the district-court-clerk deposit procedure for money or an authorized surety bond in an amount sufficient to pay the total lien amounts being released plus fifteen percent. The clerk's certificate is then recorded. Record the actual route here:

For payment or resolution, prepare the separate recordable release or partial-release instrument required by § 52-154. Do not label a private letter as a statutory lien release.

9. Delivery Record

Delivery method and effectiveness under current law verified by counsel: [________________________________]

10. Final Review

☐ The document is not represented as a statutory lender stop notice.

☐ Protected-party status and § 52-135 applicability are resolved.

☐ The statutory warning is reproduced exactly and in type no smaller than the other required information.

☐ Claim amount is supported and any estimate is labeled.

☐ Recording and ten-day owner-copy deadlines are calendared separately.

☐ No invented reserve, segregation, lender duty, private bond, default, fee, indemnity, or injunction term remains.

☐ Any substitute-collateral route uses the district court clerk and attached-lien procedure.

☐ Current official Act text and recent amendment leads were checked.

Reviewing Nebraska attorney: [________________________________]

Review date: [__/__/____]