Construction Liens in Nebraska

Overview

Sources

Neb. Rev. Stat. §§ 52-125 et seq.

Authorized Claimants

A person who furnishes services or materials pursuant to a real estate improvement contract has a construction lien, only to the extent provided in the Nebraska Construction Lien Act, to secure the payment of his or her contract price. (Neb. Rev. Stat. 52-131 (1))

Lien Priority

Priority is established from the date of the property owner filing a Notice of Commencement or, if no such Notice is recorded, the lien attaches at the at the earlier of visible commencement of the improvementor the recording of the lien (N.R.S. 52-137) A construction lien has priority over adverse claims against the real estate as if the construction-lien claimant were a purchaser for value without knowledge who had recorded at the time his or her lien attached. (N.R.S. 52-139(1)

Notices and Registries

Filing Deadlines

A claimant's lien does not attach and may not be enforced unless, after entering into the contract under which the lien arises and not later than one hundred twenty days after his or her final furnishing of services or materials, he or she has recorded a lien. (N.R.S. 52-137 (1)

Enforcement Deadlines

A Construction Lien Claimant has up to two years to file a suit to enforce the Construction Lien before it expires. NE Code § 52-140(1) (2014). The owner of the property or a holder of a security interest or other interest in the subject property may file a written demand that the Construction Lien Claimant file a lawsuit to enforce the Construction Lien within thirty (30) days of receiving the written demand. NE Code § 52-140(2) (2014). The Construction Lien Claimant must then either file the lawsuit to enforce the Construction Lien or record "an affidavit that the total contract price is not yet due under the contract for which he or she recorded the lien." Id. If the Construction Lien Claimant fails to do either within thirty (30) days of receiving the written demand, the Construction Lien will expire.