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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. 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. 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. 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. 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. 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. 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. 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 guide

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CONSTRUCTION LIEN (NEBRASKA)

Recorded under the Nebraska Construction Lien Act, Neb. Rev. Stat. sections 52-125 to 52-159. The undersigned claimant records this construction lien against the real property described below to secure payment for services or materials furnished to improve that property.

  1. CLAIMANT Name: [CLAIMANT NAME] Role: [CONTRACTOR / SUBCONTRACTOR / SUPPLIER / LABORER] Address: [CLAIMANT ADDRESS]

  2. CONTRACTING OWNER OR REPUTED OWNER Name: [OWNER NAME] Address: [OWNER ADDRESS]

  3. PERSON WITH WHOM THE CLAIMANT CONTRACTED [PERSON OR COMPANY THAT ORDERED THE WORK].

  4. REAL ESTATE Street address: [PROPERTY ADDRESS]. Legal description: [LEGAL DESCRIPTION]. County: [COUNTY].

  5. SERVICES OR MATERIALS FURNISHED Description: [DESCRIPTION OF THE SERVICES OR MATERIALS PROVIDED]. Date first furnished: [FIRST DATE]. Date last (final) furnished: [LAST DATE].

  6. AMOUNT CLAIMED The amount unpaid and now due, after deducting all just credits and offsets, is: $[AMOUNT].

  7. NOTICE OF RIGHT TO ASSERT A LIEN (IF GIVEN) A notice of the right to assert a lien under section 52-135 was given to the contracting owner on: [DATE, IF APPLICABLE]. On an owner-occupied residence this notice fixes the amount the lien can reach (section 52-136).

  8. SIGNATURE The undersigned states that they have read this construction lien and that the facts stated in it are true.

Signature: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE]

[NOTARY ACKNOWLEDGMENT]

RECORDING AND ENFORCEMENT: Record this lien with the register of deeds for the county where the property is located no later than 120 days after your final furnishing of services or materials (Neb. Rev. Stat. section 52-137). The lien remains enforceable for two years after recording, unless a written demand from the owner requires proceedings to begin within 30 days (Neb. Rev. Stat. section 52-140).

Note: This Nebraska construction lien follows the Nebraska Construction Lien Act, Chapter 52. Confirm the current statutory contents and deadlines, or have this reviewed by an attorney, before you record.

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.

Frequently Asked Questions

A Nebraska construction lien, the state's form of a mechanics lien, is a legal claim that a contractor, subcontractor, or supplier records against a property they improved but were not paid for. It attaches to the real estate, clouds the title so the owner cannot easily sell or refinance, and can be foreclosed through a court-ordered sale. The Nebraska Construction Lien Act, Chapter 52, governs it.

Contractors, subcontractors, suppliers, and laborers who furnished services or materials to improve real property and were not paid can record a lien. Nebraska does not require an advance notice to create the lien, but a subcontractor working on an owner-occupied home should serve a notice of the right to assert a lien, because it affects how much the lien can secure.

You have 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. It is recorded with the register of deeds for the county where the property sits. The same 120-day deadline applies to general contractors and subcontractors, each measured from its own last furnishing.

No advance notice is required to create a valid lien. Nebraska's notice of the right to assert a lien is optional and can be given any time after contracting and before recording. On an owner-occupied job it matters a great deal, because under section 52-136 it fixes the amount a subcontractor's lien can reach based on what the owner still owes the prime contractor.

A recorded lien stays enforceable for two years after recording under section 52-140. That window can be cut short: if the owner or another interest-holder serves a written demand to start proceedings, you must institute judicial proceedings within 30 days of receiving it, or the lien lapses. Otherwise the full two years applies.

Missing the 120-day recording window, or failing to sue within the two-year enforcement period or within 30 days of a written demand, generally means the lien is lost, because Nebraska applies these steps strictly. You may still sue the party who hired you for breach of contract to recover the debt, but you give up the security of the lien.

It can cap a subcontractor's recovery. Under section 52-136, when the owner is a protected party, an owner-occupant of residential real estate, a subclaimant's lien is limited to the amount the owner still owes the prime contractor at the time the owner receives the claimant's notice of the right to assert a lien. That makes serving the notice early practically essential.

When the debt is paid, the claimant should record a release of the lien with the register of deeds to clear the title. A lien also becomes unenforceable once the two-year window passes without proceedings, or 30 days after a written demand if none are started. An owner who believes a lien is invalid can challenge it in court.