§ 45-1210 — Construction performed for political subdivision; liquidated or unliquidated claim; procedure; civil action authorized

Nebraska § 45-1210

• Jurisdiction: Nebraska
• Ch. 45: Interest, Loans, and Debt

Text

(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; (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 shall
be filed within one hundred eighty days after the date of substantial completion
of the construction project.
(2) A construction
contract entered into by any political subdivision of this state may provide
the name and location of the office in which a claim under this section may
be filed. In the absence of such provision, a written claim shall be filed
as follows:
(a) Claims against a city of the metropolitan, primary, first, or
second class shall be filed with the appropriate city clerk;
(b) Claims
against a village shall be filed with the village clerk;
(c) Claims
against a county shall be filed with the county clerk; and
(d) Claims
against any other political subdivision shall be filed with the person who
executed the contract on behalf of the political subdivision or that person's
successor in office.
(3) The applicable political subdivision shall issue a decision
on the claim within ninety days after receipt thereof. If no decision has
been issued after such period, the claim shall be deemed to be denied in whole
and 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 bring
a civil action on the claim. An action under this subsection may only be brought
within two years after the denial of the claim or the date upon which the
claim is deemed to be denied. Any such action shall be in the nature of an
original action and not an appeal and shall be commenced in the district court
of the county in which the construction project at issue was located. Either
party may appeal from the decision of the district court.
(5) Notwithstanding
any other provision of law in Chapters 13, 14, 15, 16, 17, and 23, claims
against a political subdivision of this state arising from construction performed
for such political subdivision shall be governed by this section.

Legislative History

Source: Laws 2010, LB552, § 10.