State Codes and Statutes

Statutes > Nebraska > Chapter45 > 45-1210

45-1210. Construction performed for politicalsubdivision; liquidated or unliquidated claim; procedure; civil action authorized.(1) Any liquidatedor unliquidated claim against any political subdivision of this state arisingfrom construction performed for such political subdivision shall: (a) Be presentedin writing to the individual or officer as set forth in subsection (2) ofthis section; (b) state the name of the claimant and the amount of the claim;and (c) identify the item or service for which payment is claimed or the time,place, nature, and circumstance giving rise to the claim. All claims shallbe filed within one hundred eighty days after the date of substantial completionof the construction project.(2) A constructioncontract entered into by any political subdivision of this state may providethe name and location of the office in which a claim under this section maybe filed. In the absence of such provision, a written claim shall be filedas follows:(a) Claims against a city of the metropolitan, primary, first, orsecond class shall be filed with the appropriate city clerk;(b) Claimsagainst a village shall be filed with the village clerk;(c) Claimsagainst a county shall be filed with the county clerk; and(d) Claimsagainst any other political subdivision shall be filed with the person whoexecuted the contract on behalf of the political subdivision or that person'ssuccessor in office.(3) The applicable political subdivision shall issue a decisionon the claim within ninety days after receipt thereof. If no decision hasbeen issued after such period, the claim shall be deemed to be denied in wholeand the claimant may commence an action in accordance with subsection (4)of this section.(4) If a claim is denied in whole or in part, a claimant may bringa civil action on the claim. An action under this subsection may only be broughtwithin two years after the denial of the claim or the date upon which theclaim is deemed to be denied. Any such action shall be in the nature of anoriginal action and not an appeal and shall be commenced in the district courtof the county in which the construction project at issue was located. Eitherparty may appeal from the decision of the district court.(5) Notwithstandingany other provision of law in Chapters 13, 14, 15, 16, 17, and 23, claimsagainst a political subdivision of this state arising from construction performedfor such political subdivision shall be governed by this section. SourceLaws 2010, LB552, § 10.

State Codes and Statutes

Statutes > Nebraska > Chapter45 > 45-1210

45-1210. Construction performed for politicalsubdivision; liquidated or unliquidated claim; procedure; civil action authorized.(1) Any liquidatedor unliquidated claim against any political subdivision of this state arisingfrom construction performed for such political subdivision shall: (a) Be presentedin writing to the individual or officer as set forth in subsection (2) ofthis section; (b) state the name of the claimant and the amount of the claim;and (c) identify the item or service for which payment is claimed or the time,place, nature, and circumstance giving rise to the claim. All claims shallbe filed within one hundred eighty days after the date of substantial completionof the construction project.(2) A constructioncontract entered into by any political subdivision of this state may providethe name and location of the office in which a claim under this section maybe filed. In the absence of such provision, a written claim shall be filedas follows:(a) Claims against a city of the metropolitan, primary, first, orsecond class shall be filed with the appropriate city clerk;(b) Claimsagainst a village shall be filed with the village clerk;(c) Claimsagainst a county shall be filed with the county clerk; and(d) Claimsagainst any other political subdivision shall be filed with the person whoexecuted the contract on behalf of the political subdivision or that person'ssuccessor in office.(3) The applicable political subdivision shall issue a decisionon the claim within ninety days after receipt thereof. If no decision hasbeen issued after such period, the claim shall be deemed to be denied in wholeand the claimant may commence an action in accordance with subsection (4)of this section.(4) If a claim is denied in whole or in part, a claimant may bringa civil action on the claim. An action under this subsection may only be broughtwithin two years after the denial of the claim or the date upon which theclaim is deemed to be denied. Any such action shall be in the nature of anoriginal action and not an appeal and shall be commenced in the district courtof the county in which the construction project at issue was located. Eitherparty may appeal from the decision of the district court.(5) Notwithstandingany other provision of law in Chapters 13, 14, 15, 16, 17, and 23, claimsagainst a political subdivision of this state arising from construction performedfor such political subdivision shall be governed by this section. SourceLaws 2010, LB552, § 10.

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter45 > 45-1210

45-1210. Construction performed for politicalsubdivision; liquidated or unliquidated claim; procedure; civil action authorized.(1) Any liquidatedor unliquidated claim against any political subdivision of this state arisingfrom construction performed for such political subdivision shall: (a) Be presentedin writing to the individual or officer as set forth in subsection (2) ofthis section; (b) state the name of the claimant and the amount of the claim;and (c) identify the item or service for which payment is claimed or the time,place, nature, and circumstance giving rise to the claim. All claims shallbe filed within one hundred eighty days after the date of substantial completionof the construction project.(2) A constructioncontract entered into by any political subdivision of this state may providethe name and location of the office in which a claim under this section maybe filed. In the absence of such provision, a written claim shall be filedas follows:(a) Claims against a city of the metropolitan, primary, first, orsecond class shall be filed with the appropriate city clerk;(b) Claimsagainst a village shall be filed with the village clerk;(c) Claimsagainst a county shall be filed with the county clerk; and(d) Claimsagainst any other political subdivision shall be filed with the person whoexecuted the contract on behalf of the political subdivision or that person'ssuccessor in office.(3) The applicable political subdivision shall issue a decisionon the claim within ninety days after receipt thereof. If no decision hasbeen issued after such period, the claim shall be deemed to be denied in wholeand the claimant may commence an action in accordance with subsection (4)of this section.(4) If a claim is denied in whole or in part, a claimant may bringa civil action on the claim. An action under this subsection may only be broughtwithin two years after the denial of the claim or the date upon which theclaim is deemed to be denied. Any such action shall be in the nature of anoriginal action and not an appeal and shall be commenced in the district courtof the county in which the construction project at issue was located. Eitherparty may appeal from the decision of the district court.(5) Notwithstandingany other provision of law in Chapters 13, 14, 15, 16, 17, and 23, claimsagainst a political subdivision of this state arising from construction performedfor such political subdivision shall be governed by this section. SourceLaws 2010, LB552, § 10.