§ 45-1202 — Terms, defined

For purposes of the Nebraska Construction Prompt Pay Act:
(1) Contractor includes individuals, firms, partnerships,
limited liability companies, corporations, or other associations of persons
engaged in the business of the construction, alteration, repairing, dismantling,
or demolition of buildings, roads, bridges, viaducts, sewers, water and gas
mains, streets, disposal plants, water filters, tanks and towers, airports,
dams, levees and canals, water wells, pipelines, transmission and power lines,
and every other type of structure, project, development, or improvement coming
within the definition of real property and personal property, including such
construction, repairing, or alteration of such property to be held either
for sale or rental. Contractor also includes any subcontractor engaged in
the business of such activities and any person who is providing or arranging
for labor for such activities, either as an employee or as an independent
contractor, for any contractor or person.
Contractor does not include an individual or an entity performing work on
a contract for the State of Nebraska or performing work on a federal-aid or
state-aid project of a political subdivision in which the state makes payments
to the contractor on behalf of the political subdivision;
(2) Owner means a person (a) who has an interest in any real
property improved, (b) for whom an improvement is made, or (c) who contracted
for an improvement to be made. Owner includes a person, an entity, or any
political subdivision of this state. Owner does not include the State of Nebraska;
(3) Owner's representative means an architect, an engineer,
or a construction manager in charge of a project for the owner or such other
contract representative or officer as designated in the contract document
as the party representing the owner's interest regarding administration and
oversight of the project;
(4) Real property means real estate that is improved, including
private and public land, and leaseholds, tenements, and improvements placed
on the real property;
(5) Receipt means actual receipt of cash or funds by the contractor
or subcontractor;
(6) Subcontractor means a person or an entity that has contracted
to furnish labor or materials to, or performed labor or supplied materials
for, a contractor or another subcontractor in connection with a contract to
improve real property. Subcontractor includes materialmen and suppliers. Subcontractor does not include an individual
or an entity performing work as a subcontractor on a contract for the State
of Nebraska or performing work on a federal-aid or state-aid project of a
political subdivision in which the state makes payments to the contractor
on behalf of the political subdivision; and
(7) Substantially
complete means the stage of a construction project when the project, or a
designated portion thereof, is sufficiently complete in accordance with the
contract so that the owner can occupy or utilize the project for its intended
use.

Legislative History

Source: Laws 2010, LB552, § 2; Laws 2014, LB961, § 5.