52-144. Waiver of construction lien rights; what constitutes; validity; effect.
130 words·~1 min read·
/ne/chapter-52/52-144A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A written waiver of construction lien rights signed by a claimant requires no consideration and is valid and binding, whether signed before or after the materials or services were contracted for or furnished. Ambiguities in a written waiver are construed against the claimant.
(2)A written waiver waives all construction lien rights of the claimant as to the improvement to which the waiver relates unless the waiver is specifically limited to a particular lien right or a particular portion of the services or materials furnished.
(3)A waiver of lien rights does not affect any contract rights of the claimant otherwise existing.
(4)Acceptance of a promissory note or other evidence of debt is not a waiver of lien rights unless the note or other instrument expressly so declares.