Bond or Lien Claim of Lien-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Mechanic's or Material man’s Lien

Scope: State of Nebraska, Private Works.

Time Constraints: Before you can make a Mechanic's or Material men’s Lien claim, you must have served the owner with a Notice of Lien Liability within the statutory time frame. If you have not, you cannot make a lien claim. See the Nebraska Preliminary Notice, Private Work memo for more information.

File your Mechanic's or Material men’s Lien with the county recorder's office within 120 days, inclusive, of the last furnishing of labor, materials or service. Copies of the filed claim should be served on the owner immediately after by certified mail.

Perfection: To perfect your Mechanic's or Material men’s Lien you must file suit to enforce the lien within 2 years from the date of filing, or, if demanded to do so by the owner, within 30 days of that demand.

Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Mechanic's or Material men’s Lien file suit against the sureties within the time frame specified by the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. In the case of Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the County of the state where the recording will be made.

Form Types: Mechanic's and Material men’s Lien and Exhibit’s A-D, if needed.

Procedures: Prepare your documents using the required information. File your Mechanic's or Material men’s Lien with the county recorder's office and serve copies upon the owners (the prime contractor and your customer are optional). At this point you are ready to file suit to enforce all of your claims in one action.

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