reglab/housing_qa huggingface dataset:
NE Code § 45-1106 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1106 - Guaranteed asset protection waiver agreement; authorized terms; cancellation or early termination of finance agreement; refund; calculation; disposition.

45-1106.  Guaranteed asset protection waiver agreement; authorized terms; cancellation or early termination of finance agreement; refund; calculation; disposition.(1) Guaranteed asset protection waiver agreements may be cancelable or noncancelable after the free-look period. A creditor or the creditor's designee may offer a borrower a waiver that does not provide for a refund if the creditor or the creditor's designee also offers the borrower a bona fide option to purchase a comparable waiver that provides for a refund. Guaranteed asset protection waivers shall provide that if a borrower cancels a waiver within the free-look period, the borrower will be entitled to a full refund of the purchase price, so long as no benefits have been provided. In the event benefits have been provided, the borrower may receive a full or partial refund pursuant to the terms of the waiver.(2) In the event of a borrower's cancellation of the guaranteed asset protection waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free-look period, the borrower may be entitled to a refund of any unearned portion of the purchase price of the waiver unless the waiver provides otherwise. The creditor or the creditor's designee shall calculate the amount of the refund using a method at least as favorable to the borrower as the actuarial method. In order to receive a refund, the borrower, in accordance with any applicable terms of the waiver, must provide a written request to the creditor or the creditor's designee within ninety days after the event terminating the waiver or finance agreement.(3) If the cancellation of a guaranteed asset protection waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or the creditor's designee and applied as set forth in subsection (4) of this section.(4) Any cancellation refund under this section may be applied by the creditor or the creditor's designee as a reduction of the amount owed under the finance agreement unless the borrower can show that the finance agreement has been paid in full.Source Laws 2010, LB571, § 6.
NE Code § 45-1107 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1107 - Modification of guaranteed asset protection waiver; limitations.

45-1107.  Modification of guaranteed asset protection waiver; limitations.The creditor or the creditor's designee shall not offer a guaranteed asset protection waiver when the guaranteed asset protection waiver contains terms that allow the creditor or the creditor's designee to modify, unilaterally, the guaranteed asset protection waiver, unless (1) the modification is favorable to the borrower and is made without any additional charge to the borrower or (2) the borrower is notified of the proposed modification and has the option to cancel the guaranteed asset protection waiver without penalty.Source Laws 2010, LB571, § 7.
NE Code § 45-1201 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1201 - Act, how cited.

45-1201.  Act, how cited.Sections 45-1201 to 45-1211 shall be known and may be cited as the Nebraska Construction Prompt Pay Act.Source  Laws 2010, LB552, § 1;  Laws 2014, LB961, § 4.
NE Code § 45-1202 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1202 - Terms, defined.

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.Source  Laws 2010, LB552, § 2;  Laws 2014, LB961, § 5.
NE Code § 45-1203 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1203 - Contractor; payment; payment request; subcontractor; payment; retainage; payment.

45-1203.  Contractor; payment; payment request; subcontractor; payment; retainage; payment.(1) When a contractor has performed work in accordance with the provisions of a contract with an owner, the owner shall pay the contractor within thirty days after receipt by the owner or the owner's representative of a payment request made pursuant to the contract.(2) When a subcontractor has performed work in accordance with the provisions of a subcontract and all conditions precedent to payment contained in the subcontract have been satisfied, the contractor shall pay the subcontractor and the subcontractor shall pay his, her, or its subcontractor, within ten days after receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for the subcontractor's work and materials based on work completed or service provided under the subcontract for which the subcontractor has properly requested payment, if the subcontractor provides or has provided satisfactory and reasonable assurances of continued performance and financial responsibility to complete the work.(3) The owner or the owner's representative shall release and pay all retainage for work completed in accordance with the provisions of the contract within forty-five days after the project, or a designated portion thereof, is substantially complete. When a subcontractor has performed work in accordance with the provisions of a subcontract and all conditions precedent to payment contained in the subcontract have been satisfied, the contractor shall pay all retainage due such subcontractor within ten days after receipt of the retainage.Source  Laws 2010, LB552, § 3;  Laws 2014, LB961, § 6.
NE Code § 45-1204 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1204 - Withholdings; authorized.

45-1204.  Withholdings; authorized.When work has been performed pursuant to a contract, an owner, a contractor, or a subcontractor may only withhold payment:(1) For retainage, in an amount not to exceed the amount specified in the applicable contract, which shall not exceed a rate of ten percent. If the scope of work for the contractor or subcontractor from which retainage is withheld is fifty percent complete and if the contractor or subcontractor has performed work in accordance with the provisions in the applicable contract, no more than five percent of any additional progress payment may be withheld as retainage if the contractor or subcontractor provides or has provided satisfactory and reasonable assurances of continued performance and financial responsibility to complete the work;(2) Of a reasonable amount, to the extent that such withholding is allowed in the contract, for any of the following reasons:(a) Reasonable evidence showing that the contractual completion date will not be met due to unsatisfactory job progress;(b) Third-party claims filed or reasonable evidence that such a claim will be filed with respect to work under the contract; or(c) Failure of the contractor to make timely payments for labor, equipment, subcontractors, or materials; or(3) After substantial completion, in an amount not to exceed one hundred twenty-five percent of the estimated cost to complete the work remaining on the contract.Source  Laws 2010, LB552, § 4;  Laws 2014, LB961, § 7.
NE Code § 45-1205 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1205 - Delay in payment; additional interest payment.

45-1205.  Delay in payment; additional interest payment.Except as provided in section 45-1204, if a periodic or final payment to (1) a contractor is delayed by more than thirty days after receipt of a properly submitted periodic or final payment request by the owner or owner's representative or (2) a subcontractor is delayed by more than ten days after receipt of a periodic or final payment by the contractor or subcontractor, then the remitting owner, contractor, or subcontractor shall pay the contractor or subcontractor interest due until such amount is paid, beginning on the day following the payment due date at the rate of one percent per month or a pro rata fraction thereof on the unpaid balance. Interest is due under this section only after the person charged the interest has been notified of the provisions of this section by the contractor or subcontractor. Acceptance of progress payments or a final payment shall release all claims for interest on such payments.Source  Laws 2010, LB552, § 5;  Laws 2014, LB961, § 9.
NE Code § 45-1206 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1206 - Other remedies available.

45-1206.  Other remedies available.The Nebraska Construction Prompt Pay Act shall not modify the remedies available to any person under the terms of a contract in existence prior to October 1, 2010, or by any other statute.Source Laws 2010, LB552, § 6.
NE Code § 45-1207 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1207 - Residential real property; applicability of act.

45-1207.  Residential real property; applicability of act.The Nebraska Construction Prompt Pay Act does not apply to improvements to real property intended for residential purposes when the residence consists of no more than four residential units.Source Laws 2010, LB552, § 7.
NE Code § 45-1208 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1208 - Applicability to contracts entered into on or after October 1, 2010.

45-1208.  Applicability to contracts entered into on or after October 1, 2010.The Nebraska Construction Prompt Pay Act applies to contracts or subcontracts entered into on or after October 1, 2010.Source Laws 2010, LB552, § 8.
NE Code § 45-1209 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1209 - Contract provisions; void.

45-1209.  Contract provisions; void.The following provisions in any contract or subcontract for construction work performed within the State of Nebraska shall be against public policy and shall be void and unenforceable:(1) A provision that purports to waive, release, or extinguish rights to file a claim against a payment or performance bond, except that a contract or subcontract may require a contractor or subcontractor to provide a waiver or release of such rights as a condition for payment, but only to the extent of the amount of the payment received;(2) A provision that purports to make any state law other than that of Nebraska applicable to or governing any contract for construction within the state; or(3) A provision that purports to require that the venue for a court or arbitration hearing be held at any location outside of the state.Source Laws 2010, LB552, § 9.
NE Code § 45-1210 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1210 - Construction performed for political subdivision; liquidated or unliquidated claim; procedure; civil action authorized.

45-1210.  Construction performed for political subdivision; liquidated or unliquidated claim; procedure; civil action authorized.(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.Source Laws 2010, LB552, § 10.
NE Code § 45-1211 (2021)
2021 Nebraska Revised Statutes|Chapter 45 - Interest, Loans, and Debt|45-1211 - Violation of act; action for recovery; attorney's fees and costs.

45-1211.  Violation of act; action for recovery; attorney's fees and costs.Any individual, partnership, firm, limited liability company, corporation, or company may bring an action to recover any damages caused to such person or entity by a violation of the Nebraska Construction Prompt Pay Act. In addition to an award of damages, the court may award a plaintiff reasonable attorney's fees and costs as the court determines is appropriate.Source Laws 2014, LB961, § 8.
NE Code § 46-101 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-101 - Irrigation District Act, how cited; irrigation districts; organization; grant of authority.

46-101.  Irrigation District Act, how cited; irrigation districts; organization; grant of authority.(1) Sections 46-101 to 46-1,163 shall be known and may be cited as the Irrigation District Act.(2) Whenever a majority of the electors owning land or holding leasehold estates, or who are entrymen of government lands, in the manner and to the extent provided in the Irrigation District Act, in any district susceptible to one mode of irrigation from a common source and by the same system of works, desire to provide for the irrigation of the same, they may propose the organization of an irrigation district under the act, and when so organized, each district shall have the power conferred by law upon such irrigation district.Source   Laws 1895, c. 70, § 1, p. 269;   Laws 1903, c. 121, § 1, p. 615;   Laws 1905, c. 165, § 1, p. 648;   Laws 1913, c. 142, § 1, p. 343;   R.S.1913, § 3457;   Laws 1917, c. 80, § 1, p. 187;   C.S.1922, § 2857;   C.S.1929, § 46-101;   Laws 1937, c. 103, § 1, p. 361;   C.S.Supp.,1941, § 46-101;   R.S.1943, § 46-101;  Laws 2015, LB561, § 1.  Annotations  Irrigation districts organized hereunder are liable for seepage damages without regard to negligence under Article I, section 21, of the Constitution of Nebraska. Halstead v. Farmers Irr. Dist., 200 Neb. 314, 263 N.W.2d 475 (1978). Provision of public power district law did not apply to irrigation districts. Baum v. County of Scotts Bluff, 172 Neb. 225, 109 N.W.2d 295 (1961). Where plaintiff's land was never included in district his right to abandon use of irrigation water was not controlled by irrigation district act. Faught v. Platte Valley P. P. & I. Dist., 155 Neb. 141, 51 N.W.2d 253 (1952). An irrigation district organized under the laws of Nebraska and irrigating lands wholly within this state is subject to the irrigation laws of this state regardless of the fact that the district's headgates and diversion works may be in an adjoining state. State ex rel. Sorensen v. Mitchell Irr. Dist., 129 Neb. 586, 262 N.W. 543 (1935). Judgment of board as to matters submitted to it by statute cannot be collaterally attacked, but question whether land is under ditch already constructed of sufficient capacity to water same, is not left to adjudication of board. Sowerwine v. Central Irr. Dist., 85 Neb. 687, 124 N.W. 118 (1909); State v. Several Parcels of Land, 80 Neb. 424, 114 N.W. 283 (1907). Irrigation district act sustained as constitutional. Irrigation districts are public rather than municipal corporations, and their officers are officers of the state. Board of Directors of Alfalfa Irr. Dist. v. Collins, 46 Neb. 411, 64 N.W. 1086 (1895). Irrigation district, organized after county board was induced to believe law was complied with, was de facto corporation and liable on warrants. Draver v. Greenshields & Everest Co., 29 F.2d 552 (8th Cir. 1928).
NE Code § 46-103 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-103 - Irrigation district; how formed; petition.

46-103.  Irrigation district; how formed; petition.A petition shall be filed with the county board, signed by a majority of the electors of the proposed district who shall own or hold leasehold estates in a majority of the whole number of acres belonging to or held by the electors of the proposed district, which petition shall set forth and particularly describe the boundaries of the district and shall pray that the same be organized under the provisions of sections 46-101 to 46-128.Source   Laws 1895, c. 70, § 2, p. 270;   Laws 1903, c. 121, § 1, p. 616;   Laws 1909, c. 155, § 1, p. 558;   R.S.1913, § 3458;   Laws 1917, c. 81, § 1, p. 191;   C.S.1922, § 2858;   C.S.1929, § 46-102;   Laws 1933, c. 87, § 1, p. 355;   C.S.Supp.,1941, § 46-102;   R.S.1943, § 46-103. Annotations The boundaries of the irrigation district must be sufficiently definite and certain to identify the land to be irrigated thereby. Baker v. Central Irr. Dist., 93 Neb. 460, 140 N.W. 765 (1913).
NE Code § 46-104 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-104 - Petition; map; requirements.

46-104.  Petition; map; requirements.The petitioners must accompany the petition with a map of the proposed district. The map shall show the location of the proposed canal or the works by means of which it is intended to irrigate the proposed district, and of all the canals situated within the boundaries of the proposed district; Provided, canals that only pass through such lands, and which do not in fact irrigate any of the same, need not be shown. If the water supply be from natural streams, the flow of such stream or streams shall be stated in cubic feet per second. If the water supply for the district is to be gathered by storage reservoirs, the map shall show the location of the proposed reservoirs and shall give their capacity in acre-feet. The map shall be drawn to a scale of two inches to the mile. Cross sections of the proposed canal, and all canals existing within the boundaries of the proposed district and shown on the map, and all proposed dams and embankments, shall be given in sufficient number to show the contemplated mode of construction, and the capacity shall be given in cubic feet per second of the proposed and such existing canals. Such cross sections shall be drawn to a scale of ten feet to the inch, and the map and cross sections shall be certified to by a competent irrigation engineer.Source   Laws 1909, c. 155, § 1, p. 558;   R.S.1913, § 3458;   Laws 1917, c. 81, § 1, p. 191;   C.S.1922, § 2858;   C.S.1929, § 46-102;   Laws 1933, c. 87, § 1, p. 355;   C.S.Supp.,1941, § 46-102;   R.S.1943, § 46-104.
NE Code § 46-105 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-105 - Petition; bond; requirements.

46-105.  Petition; bond; requirements.The petitioners must accompany the petition with a good and sufficient bond, to be approved by the county board, in double the amount of the probable cost of organizing such district, conditioned that the bondsmen will pay all costs in case such organization shall not be effected.Source   Laws 1895, c. 70, § 2, p. 270;   Laws 1903, c. 121, § 1, p. 616;   Laws 1909, c. 155, § 1, p. 559;   R.S.1913, § 3458;   Laws 1917, c. 81, § 1, p. 192;   C.S.1922, § 2858;   C.S.1929, § 46-102;   Laws 1933, c. 87, § 1, p. 356;   C.S.Supp.,1941, § 46-102;   R.S.1943, § 46-105.