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Lien waivers by state · Nebraska

Nebraska lien waiver requirements

Nebraska is a non-statutory state

Nebraska construction lien waivers are governed by the Nebraska Construction Lien Act, specifically Neb. Rev. Stat. § 52-144. The statute requires only a written waiver signed by the claimant — no consideration is needed, and the waiver is valid and binding whether signed before or after the materials or services were contracted for or furnished, meaning Nebraska is one of the few states that statutorily permits advance (pre-work) waivers and no-lien clauses. A written waiver relinquishes all of the claimant's construction lien rights as to the improvement to which it relates unless it is specifically limited to a particular lien right or portion of the work. Ambiguities in a waiver are construed against the claimant, and waiving lien rights does not affect the claimant's other existing contract rights. Nebraska does not prescribe statutory waiver forms, so parties draft their own.

Statute: Neb. Rev. Stat. § 52-144 (waiver); §§ 52-125 to 52-159 (Nebraska Construction Lien Act); § 52-137 (recording deadline)

Nebraska lien waiver forms

The four standard waiver-and-release types and Nebraska’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Notarization is not required by statute. Neb. Rev. Stat. § 52-144 requires only that the waiver be written and signed by the claimant. Multiple references note notarization is optional and only needed if a party specifically requests it.
Mandatory statutory language: No statutory form or specific waiver language is mandated. Parties may use their own waiver wording so long as it is written and signed by the claimant; a waiver covers all of the claimant's lien rights for the related improvement unless specifically limited to a particular right or portion of the work (Neb. Rev. Stat. § 52-144).
Electronic signatures accepted

Key Nebraska deadlines

Preliminary / pre-lien notice: Generally not required on private commercial projects. (A Notice of Right to Lien may be needed only where the owner is a statutory "protected party," e.g., owner-occupied residential of 1-4 units.)
Notice of intent to lien: Not required. A notice of intent to lien is optional/strategic, not a statutory prerequisite to filing.
Mechanics lien filing deadline: Within 120 days of the claimant's final furnishing of labor or materials (Neb. Rev. Stat. § 52-137); a copy must be served on the owner within 10 days after recording.

Nebraska lien waiver FAQ

Does Nebraska require a specific lien waiver form?

No. Nebraska does not provide or require a statutory lien waiver form. Under Neb. Rev. Stat. § 52-144 a waiver only needs to be in writing and signed by the claimant, so parties may use their own wording.

Do lien waivers need to be notarized in Nebraska?

No. Nebraska does not require lien waivers to be notarized. The statute requires only the claimant's signature; notarization is optional and used only if a party requests it.

Can lien waivers be signed electronically in Nebraska?

Yes. Electronic signatures are valid for lien waivers in Nebraska. Nebraska has adopted the Uniform Electronic Transactions Act, and e-signatures are recognized as legally equivalent to ink signatures on lien waivers nationwide.

What is the deadline to file a mechanics lien in Nebraska?

A mechanics (construction) lien in Nebraska must be recorded within 120 days of the claimant's final furnishing of labor or materials (Neb. Rev. Stat. § 52-137), and a copy must be sent to the owner within 10 days after recording.