Nebraska Subcontractor Agreement Template | Statutory Compliant
Generate a construction subcontract tailored to Nebraska law — with statutory prompt payment deadlines, retainage caps, lien waiver rules, and anti-indemnification protections built in.
Contract Parties
Subcontractor
Project & Schedule
Payment Terms
Total subcontract price for your scope of work.
Nebraska rules: Nebraska does not cap retainage by statute on private construction; retainage is a matter of contract negotiation.
Days after GC receives owner payment.
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Download a clean, print-ready PDF with all Nebraska statutory clauses included — prompt payment, retainage, lien waiver, and indemnification.
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Subcontractor Agreement
Construction Subcontract — State of Nebraska
This Subcontractor Agreement (the “Agreement”) is made and entered into as of October 5, 2026 by and between [General Contractor Name] (“General Contractor”) and [Subcontractor Name] (“Subcontractor”), governed by Nebraska Revised Statutes Chapter 52, Articles 101-120 and the laws of the State of Nebraska.
General Contractor
[General Contractor Name]
Subcontractor
[Subcontractor Name]
Project Owner
—
Project Address
—
Contract Price
[Contract Price]
License #
—
1. Scope of Work
Subcontractor shall furnish all labor, tools, equipment, and materials necessary to complete the agreed scope of work in a good and workmanlike manner, in compliance with all applicable building codes.
2. Payment
GC shall pay Subcontractor within 10 days after receiving payment from the Project Owner. Under Neb. Rev. Stat. § 52-181, the general contractor must pay subcontractors within 15 days after receiving payment from the owner on public jobs. On private jobs, payment terms are governed by contract, but interest is available on overdue amounts under Chapter 45.
3. Retainage
GC may withhold 10% retainage from each progress payment. Nebraska does not cap retainage by statute on private construction; retainage is a matter of contract negotiation.
4. Lien Waivers
Nebraska does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, arrayed amounts, and date. Conditional waivers are best practice until payment clears to preserve lien rights under Chapter 52.
5. Mechanics Lien Rights Preserved
Nebraska requires filing a lien within 120 days after the last work or materials were furnished, followed by foreclosure within 2 years of filing. Nebraska does not require a statutory preliminary notice for private projects; best practice is a voluntary Notice of Intent to lien.
6. Indemnification
Nebraska does not have a specific anti-indemnification statute for construction contracts; broad indemnity is generally enforceable if clearly worded. Subcontractors should negotiate express limits.
7. Governing Law
This Agreement is governed by the laws of the State of Nebraska, including Nebraska Revised Statutes Chapter 52, Articles 101-120 (Nebraska Construction Law) and Prompt Pay at Neb. Rev. Stat. § 52-180 et seq. (public) and within Chapter 52 (private).
[General Contractor Name] — General Contractor
Print Name / Title
[Subcontractor Name] — Subcontractor
Print Name / Title
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Nebraska Payment & Retainage Rules
Under Neb. Rev. Stat. § 52-181, the general contractor must pay subcontractors within 15 days after receiving payment from the owner on public jobs. On private jobs, payment terms are governed by contract, but interest is available on overdue amounts under Chapter 45.
Retainage Cap
Nebraska does not cap retainage by statute on private construction; retainage is a matter of contract negotiation.
Pay-When-Paid
Your agreement states that owner payment is a timing mechanism, not an absolute condition precedent — preserving your right to payment and statutory remedies under Nebraska Revised Statutes Chapter 52, Articles 101-120.
Lien Waivers
Nebraska does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, arrayed amounts, and date. Conditional waivers are best practice until payment clears to preserve lien rights under Chapter 52.
Your Mechanics Lien Rights in Nebraska
This agreement expressly preserves your right to record a mechanics lien and serve statutory preliminary notices — no pay-if-paid, pay-when-paid, or lien waiver clause in the document can waive your lien rights beyond payment actually received.
Nebraska requires filing a lien within 120 days after the last work or materials were furnished, followed by foreclosure within 2 years of filing.
Nebraska does not require a statutory preliminary notice for private projects; best practice is a voluntary Notice of Intent to lien.
Deadlines matter: missing a Nebraska lien or notice deadline can permanently waive your security interest in the project. Calendar both dates the day you mobilize on site.
Indemnification Limits Under Nebraska Law
Nebraska does not have a specific anti-indemnification statute for construction contracts; broad indemnity is generally enforceable if clearly worded. Subcontractors should negotiate express limits.
Nebraska Subcontractor Agreement FAQs
When must a general contractor pay me under Nebraska prompt payment law?
Under Neb. Rev. Stat. § 52-181, the general contractor must pay subcontractors within 15 days after receiving payment from the owner on public jobs. On private jobs, payment terms are governed by contract, but interest is available on overdue amounts under Chapter 45. Your subcontract should mirror these statutory deadlines so that late payments automatically trigger the statutory interest and remedies without negotiation.
How much retainage can a GC legally withhold in Nebraska?
Nebraska does not cap retainage by statute on private construction; retainage is a matter of contract negotiation. Your agreement should specify the exact retainage percentage, the release schedule (typically at substantial completion and final completion), and payment of statutory interest on withheld retainage.
Are pay-if-paid clauses enforceable in Nebraska subcontracts?
While Nebraska has not enacted a blanket statutory ban on pay-if-paid clauses, courts and statutes in most states treat "pay-when-paid" as a reasonable timing provision rather than an absolute condition. Check Nebraska Revised Statutes Chapter 52, Articles 101-120 (Nebraska Construction Law) and Prompt Pay at Neb. Rev. Stat. § 52-180 et seq. (public) and within Chapter 52 (private) for specific restrictions, and make sure your subcontract states that payment from the owner is not an absolute condition precedent to your right to be paid.
What lien waiver rules apply in Nebraska?
Nebraska does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, arrayed amounts, and date. Conditional waivers are best practice until payment clears to preserve lien rights under Chapter 52. Never sign an unconditional waiver until payment has actually cleared your bank account, and make sure your waiver identifies the specific billing period and amounts to avoid losing lien rights on future work.
Can a Nebraska subcontract require me to indemnify the GC for the GC’s own negligence?
Nebraska does not have a specific anti-indemnification statute for construction contracts; broad indemnity is generally enforceable if clearly worded. Subcontractors should negotiate express limits. Always read the indemnification clause carefully — even in states with anti-indemnity statutes, "broad form" indemnity for joint negligence is typically still enforceable.
How do I preserve my mechanics lien rights in Nebraska?
Nebraska requires filing a lien within 120 days after the last work or materials were furnished, followed by foreclosure within 2 years of filing. Nebraska does not require a statutory preliminary notice for private projects; best practice is a voluntary Notice of Intent to lien. Send statutory notices by certified mail or another trackable method, keep copies of everything, and calendar the deadlines immediately upon each project’s completion.