Nebraska Mechanics Lien
Record a Nebraska construction lien for unpaid construction work. Learn the 120-day recording deadline, the two-year enforcement window, and notice rules.
Introduction
A Nebraska construction lien, the state's mechanics lien, is a legal claim recorded against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once recorded, the lien attaches to the property, clouds the title, and can be enforced through a court-ordered sale. That security is what gives the lien its leverage, and Nebraska sets out the right in the Construction Lien Act at Chapter 52. The lien only works if you perfect it on time. Nebraska does not require a prelien notice to create a valid lien, but on an owner-occupied home a subcontractor's notice of the right to assert a lien caps how much can be recovered. The lien must be recorded no later than 120 days after your final furnishing, and it stays enforceable for two years after recording unless the owner's written demand shortens that to 30 days. DocDraft prepares a Nebraska construction lien, and attorney review is available before you record.
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Key Things to Know
- 1
A Nebraska construction lien secures payment against the improved property. Contractors, subcontractors, suppliers, and others who furnished services or materials to improve real property and were not paid can claim one under the Nebraska Construction Lien Act, sections 52-125 to 52-159.
- 2
No prelien notice is required to create the lien. Nebraska does not mandate advance notice, but an optional notice of the right to assert a lien can be given any time after contracting and before recording. On owner-occupied homes it carries real weight, as explained below.
- 3
The recording deadline is 120 days. Section 52-137 requires the lien to be recorded no later than 120 days after the claimant's final furnishing of services or materials. The same deadline applies to general contractors and subcontractors, each measured from that claimant's own last furnishing.
- 4
The lien stays enforceable for two years. Section 52-140 keeps a recorded lien enforceable for two years after recording. A written demand from the owner or another interest-holder shortens that, requiring you to start court proceedings within 30 days of receiving the demand.
- 5
Nebraska applies the steps strictly. Missing the 120-day recording window or the enforcement deadline generally forfeits the lien, though a separate contract claim for the unpaid amount may remain against the party who hired you.
- 6
The lien has required contents. Section 52-137 sets what the recorded lien must state, including the real estate, the owner, and the amount claimed, and section 52-135 sets the content of the notice of the right to assert a lien.
- 7
Owner-occupied homes cap a subcontractor's recovery. Under section 52-136, against a protected-party owner a subclaimant's lien is limited to the amount still unpaid on the prime contract when the owner receives the claimant's notice of the right to assert a lien.
Key decisions before you file
Before you file a Mechanics Lien in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
Open the Mechanics Lien guideCustomize your Mechanics Lien Template with DocDraft
Nebraska Requirements for Mechanics Lien
Nebraska Filing Deadline and Office
File the Nebraska mechanics lien in the correct office, a county recorder or court as Nebraska requires, within the state's deadline after you last furnish labor or materials. Nebraska applies the deadline strictly, so filing late or in the wrong office can void the lien.