Nebraska Waiver of Lien Claim by Contractor: Understanding the Basics and Types In the construction industry, a waiver of lien is a legal document that allows a contractor or other construction party to give up their rights to file a lien against a property for unpaid work or materials. In Nebraska, the state has specific laws governing the waiver of lien claims, outlining different types based on different scenarios and stages of construction. 1. Nebraska Waiver of Lien Claim by Contractor — Partial Waiver: A partial waiver of lien claim is typically used when a contractor has received partial payment for their work or materials. By signing this waiver, the contractor acknowledges receiving a specific sum of money and agrees not to file a lien for the amount stated in the waiver. It applies only to the portion of work or materials covered by the payment received. 2. Nebraska Waiver of Lien Claim by Contractor — Final Waiver: A final waiver of lien claim is executed when a contractor has been fully paid for their work or materials. By signing this waiver, the contractor acknowledges receiving the full payment and waives their right to file a lien against the property for any unpaid amount. It signifies the completion of the project and releases all lien rights. 3. Nebraska Conditional Waiver and Release on Progress Payment: A conditional waiver and release on progress payment is used when a contractor receives a progress payment but wants to preserve their rights to file a lien for any unpaid amounts. This waiver becomes effective only when the payment is successfully processed and cleared. If the payment is later found to be inadequate or unpaid, the contractor retains their rights to file a lien. 4. Nebraska Conditional Waiver and Release on Final Payment: Similar to the conditional waiver and release on progress payment, this type of waiver is executed when a contractor receives final payment but wants to preserve their rights to lien enforcement for any unpaid amounts. The waiver becomes effective upon receiving the final payment, but if issues arise with the final payment, the contractor retains the right to file a lien. It is important to note that the waivers mentioned above can be modified based on specific contractual agreements between the parties involved. Careful consideration should be given to the language used in the waivers, ensuring they accurately reflect the payment and agreement terms. Obtaining a waiver of lien claim by a contractor in Nebraska can protect both the contracting party and the property owner from potential disputes or legal actions related to unpaid amounts. By understanding the different types of waivers available and their implications, construction professionals can ensure effective communication and enforceable agreements, promoting a smoother construction process.