(1) Except as provided in subsection (2) of this section, it shall be the duty of the State of Nebraska or any department or agency thereof, the county boards, the contracting board of all cities, villages, and school districts, all public boards empowered by law to enter into a contract for the erecting, furnishing, or repairing of any public building, bridge, highway, or other public structure or improvement, and any officer or officers so empowered by law to enter into such contract, to which the general provisions of the mechanics' lien laws do not apply and when the mechanics and laborers have no lien to secure the payment of their wages and suppliers who furnish material and who lease equipment for such work have no lien to secure payment therefor, to take from the person as defined in section 49-801 to whom the contract is awarded a payment bond or bonds in a sum not less than the contract price with a corporate surety company and agent selected by such person, conditioned for the payment of all laborers and mechanics for labor that is performed and for the payment for material and equipment rental which is actually used or rented in the erecting, furnishing, or repairing of the public structure or improvement or in performing the contract.
(2) The labor and material payment bond or bonds referred to in subsection (1) of this section shall not be required for (a) any project bid or proposed by the State of Nebraska or any department or agency thereof which has a total cost of fifteen thousand dollars or less or (b) any project bid or proposed by any county board, contracting board of any city, village, or school district, public board, or officer referred to in subsection (1) of this section which has a total cost of ten thousand dollars or less unless the state, department, agency, board, or officer includes a bond requirement in the specifications for the project.
(3) The bond or bonds referred to in subsection (1) of this section shall be to, filed with, approved by, and safely kept by the State of Nebraska, department or agency thereof, officer or officers, or board awarding the contract. No contract referred to in subsection (1) of this section shall be entered into by the State of Nebraska, department or agency thereof, officer or officers, or board referred to in subsection (1) of this section until the bond or bonds referred to in subsection (1) of this section has been so made, filed, and approved.
(4) The bond or bonds referred to in subsection (1) of this section may be taken from the person to whom the contract is awarded by the owner and owner's representative jointly as determined by the owner. The corporate surety company referred to in subsection (1) of this section shall have a rating acceptable to the owner as the owner may require.
Notes of Decisions
Chicago Lumber Co. v. Sch. Dist. No. 71, 417 N.W.2d 757 (Neb. 1988).
· cites it 12× “However, regarding a contract for repairing a school district’s building, structure, or improvement, Neb. Rev. Stat. § 52-118 (Reissue 1984) in part provides that the school district shall take from the person, persons, firm, or corporation to whom the contract is awarded a…”
Quality Equip. Co. v. Transamerica Ins., 502 N.W.2d 488 (Neb. 1993).
· cites it 19× “, pursuant to Neb. Rev. Stat. § 52-118 (Reissue 1988) for material and equipment furnished to a subcontractor on two highway projects for the State of Nebraska.”
Franklin v. City of Omaha, 432 N.W.2d 808 (Neb. 1988).
· cites it 2× “In the claim letter to the school district, the claimant specified neither the exact location of the school building in the district for which the goods were furnished, nor the date on which such goods were furnished.”
State Nat'l Ins. Co. v. Wash. Int'l Ins. Co., 304 F. Supp. 3d 827 (D. Neb. 2018).
· cites it 2× “On March 8, 2016, JEL, as principal, and Washington, as surety, executed a performance bond ("Washington Bond") in the amount of $1,246,907 under which Washington agreed to secure JEL's faithful performance of the Contract and "the payment of all laborers and mechanics for labor…”
McElhose v. Universal Sur. Co., 158 N.W.2d 228 (Neb. 1968).
· cites it 10× “Universal executed a public works contract bond as required by section 52-118, R. S'. Supp., 1965, which in its overall effect is “* * * conditioned for the payment of all laborers and mechanics for labor that shall be performed and for the payment for material and equipment…”
Peter Kiewit Sons' Co. v. Nat'l Cas. Co., 8 N.W.2d 192 (Neb. 1943).
· cites it 24× “s given to secure and does secure also the payment by the said bounden Roadmix Construction Corporation of all just claims for material, lubricants, oil and gasoline used or consumed in the construction of the work, and for the payment of all laborers and mechanics for all labor…”
Boyd v. Benkelman Pub. Hous. Auth., 195 N.W.2d 230 (Neb. 1972).
· cites it 4× “United Bonding Insurance Company became surety on Dougherty's bond as required by section 52-118, R.R.S.1943. Plaintiff subcontracted the plumbing, heating, air conditioning, and outside utilities portion of the project from Dougherty.”
Fremont Foundry & Mach. Co. v. Saunders Cnty., 285 N.W. 115 (Neb. 1939).
· cites it 2× “The act as amended became section 3840, Revised Statutes of Nebraska for 1913, and now is section 52-118, Comp. St. 1929, which, as it now exists, is as follows: “It shall be the duty of the board of public lands and buildings, county boards, the contracting board of officers of…”
Ritzau v. Wiebe Constr. Co., 214 N.W.2d 244 (Neb. 1974).
· cites it 2× “Paul Fire and Marine Insurance Company as surety executed *94 a performance bond as provided by section 52-118, R. R. S. 1943. Subsequently plaintiff, as a subcontractor, undertook to paint the interior of the two buildings, except ceilings and kitchen cabinets, pursuant to a…”
Dukane Corp. v. Sides Constr. Co., 302 N.W.2d 721 (Neb. 1981).
· cites it 3× “The relevant portions of Neb. Rev. Stat. § 52-118 (Reissue 1978) require all public boards “to take from the person, persons, firm, or corporation to whom the contract is awarded a bond, in a sum not less than the contract price, with a corporate surety company, conditioned for…”
— Neb. Rev. Stat. § 52-118(1) — 1 case
Quality Equip. Co. v. Transamerica Ins., 502 N.W.2d 488 (Neb. 1993).
“, pursuant to Neb. Rev. Stat. § 52-118 (Reissue 1988) for material and equipment furnished to a subcontractor on two highway projects for the State of Nebraska.”
— Neb. Rev. Stat. § 52-118(4) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.