45-1206 – Other remedies available.
45-1206. Other remedies available. The Nebraska Construction Prompt Pay Act shall not modify the remedies available to any person under the terms of a contract in existence prior to October 1, 2010, or by any other statute. Source Laws 2010, LB552, § 6.
45-1207 – Residential real property; applicability of act.
45-1207. Residential real property; applicability of act. The Nebraska Construction Prompt Pay Act does not apply to improvements to real property intended for residential purposes when the residence consists of no more than four residential units. Source Laws 2010, LB552, § 7.
45-1208 – Applicability to contracts entered into on or after October 1, 2010.
45-1208. Applicability to contracts entered into on or after October 1, 2010. The Nebraska Construction Prompt Pay Act applies to contracts or subcontracts entered into on or after October 1, 2010. Source Laws 2010, LB552, § 8.
45-1209 – Contract provisions; void.
45-1209. Contract provisions; void. The following provisions in any contract or subcontract for construction work performed within the State of Nebraska shall be against public policy and shall be void and unenforceable: (1) A provision that purports to waive, release, or extinguish rights to file a claim against a payment or performance bond, except that […]
45-1210 – Construction performed for political subdivision; liquidated or unliquidated claim; procedure; civil action authorized.
45-1210. Construction performed for political subdivision; liquidated or unliquidated claim; procedure; civil action authorized. (1) Any liquidated or unliquidated claim against any political subdivision of this state arising from construction performed for such political subdivision shall: (a) Be presented in writing to the individual or officer as set forth in subsection (2) of this section; […]
45-1211 – Violation of act; action for recovery; attorney’s fees and costs.
45-1211. Violation of act; action for recovery; attorney’s fees and costs. Any individual, partnership, firm, limited liability company, corporation, or company may bring an action to recover any damages caused to such person or entity by a violation of the Nebraska Construction Prompt Pay Act. In addition to an award of damages, the court may […]
45-1064 – Preauthorized loans; additional fees, costs, and expenses authorized; restrictions.
45-1064. Preauthorized loans; additional fees, costs, and expenses authorized; restrictions. In addition to the charges permitted under section 45-1062, a licensee may contract for and receive the fees, costs, and expenses permitted by the Nebraska Installment Loan Act on other loans, subject to all the conditions and restrictions set forth in the act with the […]
45-1203 – Contractor; payment; payment request; subcontractor; payment; retainage; payment.
45-1203. Contractor; payment; payment request; subcontractor; payment; retainage; payment. (1) When a contractor has performed work in accordance with the provisions of a contract with an owner, the owner shall pay the contractor within thirty days after receipt by the owner or the owner’s representative of a payment request made pursuant to the contract. (2) […]
45-1065 – Preauthorized loans; security interest authorized.
45-1065. Preauthorized loans; security interest authorized. A licensee may retain any security interest, including a mortgage on real property, until the preauthorized account is terminated. Source Laws 1981, LB 271, § 8; R.S.1943, (1998), § 45-1,101; Laws 2001, LB 53, § 97; Laws 2004, LB 999, § 42.
45-1204 – Withholdings; authorized.
45-1204. Withholdings; authorized. When work has been performed pursuant to a contract, an owner, a contractor, or a subcontractor may only withhold payment: (1) For retainage, in an amount not to exceed the amount specified in the applicable contract, which shall not exceed a rate of ten percent. If the scope of work for the […]