Polk County Owner Notice of Commencement Form (Nebraska)

The following Nebraska and Polk County supplemental forms are included as a courtesy with your order:

When using these Owner Notice of Commencement forms, the subject real estate must be physically located in Polk County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Polk County include:

• Osceola
• Polk
• Shelby
• Stromsburg

Construction liens are governed under the Nebraska Construction Lien Act, found at Sections 52-125 to 52-159 of the Nebraska Revised Statutes.

A notice of commencement is used by a property owner to put all other parties on notice than an improvement will be made to the owner's real property. Another (more important) purpose of the notice is to start the time within which construction liens can be claimed.

A notice of commencement must be signed by the contracting owner, be identified as a notice of commencement, and state: (a) The real estate being or intended to be improved or directly benefited, with a description thereof sufficient for identification; (b) The name and address of the contracting owner, his or her interest in the real estate, and the name and address of the fee simple title holder, if other than the contracting owner; and (c) That if, after the notice of commencement is recorded, a lien is recorded as to an improvement covered by the notice of commencement, the lien has priority from the time the notice of commencement is recorded. Neb. Rev. Stat. 52-145(1).

The notice of commencement may also define its duration, with a minimum limit of six months from the time of recording. Neb. Rev. Stat. 52-145(2). If no duration is stated, the duration of the notice is one year after the recording. Id.

The notice of commencement may state that it is limited to a particular improvement project, or portion thereof, on the real estate. Neb. Rev. Stat. 52-145(3). But the limitation is not effective unless the particular improvement, or portion thereof, to which it applies is stated with sufficient specificity that a claimant, by reasonable inquiry, can determine whether his or her contract is covered by the notice of commencement. Id.

A contracting owner may extend the duration of a notice of commencement by recording, prior to the stated or implied time limit, a continuation statement signed by him or her which refers to the record location and date of recording of the notice of commencement and states the date to which the notice of commencement's duration is extended. Neb. Rev. Stat. 52-145(4).

This article is offered for informational purposes only and is not legal advice. This information not be relied upon as a substitute for speaking with an attorney. Please speak with an attorney for questions regarding filing and recording a notice of commencement, or any other issues related to construction liens in Nebraska.

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