How long does a recorded lien stay enforceable?

A lien that has become enforceable continues enforceable for two years after recording of the lien, but an interested person may serve a written demand that shortens the time to act to thirty days after receipt of the demand.

Does Nebraska treat residential property differently?

Yes. An individual who occupies or intends to occupy residential real estate as a residence is a protected party, and as against a protected party contracting owner the lien of a claimant other than a prime contractor is limited to the lesser of the amount unpaid under the claimant's contract or the amount unpaid under the prime contract when the owner receives the notice of the right to assert a lien.

Mechanics Lien Deadlines in Nebraska

Nebraska's Construction Lien Act gives a person who furnishes services or materials a construction lien that must be recorded within one hundred twenty days after final furnishing and enforced within two years after recording.

By Savallio Editorial

Nebraska governs construction liens through the Nebraska Construction Lien Act, codified at sections 52-125 to 52-159 of the Revised Statutes of Nebraska. A person who furnishes services or materials under a real estate improvement contract obtains a construction lien to secure payment of the contract price, and the statute sets out when the lien must be recorded, how long it stays enforceable, and the special treatment given to owners of residential property.

Filing and enforcing a mechanics lien in Nebraska

A person who furnishes services or materials pursuant to a real estate improvement contract has a construction lien to secure payment of the contract price. ¹

The lien does not attach and may not be enforced unless the claimant records a lien not later than one hundred twenty days after final furnishing of services or materials. ²

Once enforceable, the lien continues enforceable for two years after recording of the lien. ³

The claimant must send a copy of the recorded lien to the contracting owner within ten days after recording. ⁴

At any time after entering into the contract, a claimant may give the contracting owner notice of the right to assert a lien. ⁵

Nebraska treats an individual who occupies or intends to occupy residential real estate as a residence as a protected party under the act. ⁶

As against a protected party contracting owner, a claimant other than a prime contractor has a lien for the lesser of the amount unpaid under the claimant's contract or the amount unpaid under the prime contract when the owner receives the notice of the right to assert a lien. ⁷

Sources

A person who furnishes services or materials pursuant to a real estate improvement contract has a construction lien to secure payment of the contract price.
Neb. Rev. Stat. 52-131 (Nebraska Construction Lien Act)Nebraska Revised Statute 52-131Verified 8.4.26↑
A claimant's lien does not attach and may not be enforced unless the claimant records a lien not later than one hundred twenty days after final furnishing of services or materials.
Neb. Rev. Stat. 52-137 (Nebraska Construction Lien Act)Nebraska Revised Statute 52-137Verified 8.4.26↑
A lien that has become enforceable continues enforceable for two years after recording of the lien.
Neb. Rev. Stat. 52-140 (Nebraska Construction Lien Act)Nebraska Revised Statute 52-140Verified 8.4.26↑
The claimant must send a copy of a recorded lien to the contracting owner within ten days after recording.
Neb. Rev. Stat. 52-135(3) (Nebraska Construction Lien Act)Nebraska Revised Statute 52-135Verified 8.4.26↑
At any time after entering into the contract under which he or she may claim a lien, the claimant may give notice of the right to assert a lien to the contracting owner.
Neb. Rev. Stat. 52-135(1) (Nebraska Construction Lien Act)Nebraska Revised Statute 52-135Verified 8.4.26↑
A protected party includes an individual who contracts to have improved residential real estate all or part of which he or she occupies or intends to occupy as a residence.
Neb. Rev. Stat. 52-129 (Nebraska Construction Lien Act)Nebraska Revised Statute 52-129Verified 8.4.26↑
As against a protected party contracting owner, the lien of a claimant other than a prime contractor is for the lesser of the amount unpaid under the claimant's contract or the amount unpaid under the prime contract through which the claimant claims at the time the owner receives the claimant's notice of the right to assert a lien.
Neb. Rev. Stat. 52-136 (Nebraska Construction Lien Act)Nebraska Revised Statute 52-136Verified 8.4.26↑

Frequently asked questions

How long do I have to record a construction lien in Nebraska?: A claimant must record the lien not later than one hundred twenty days after final furnishing of services or materials; otherwise the lien does not attach and may not be enforced.
How long does a recorded lien stay enforceable?: A lien that has become enforceable continues enforceable for two years after recording of the lien, but an interested person may serve a written demand that shortens the time to act to thirty days after receipt of the demand.
Does Nebraska treat residential property differently?: Yes. An individual who occupies or intends to occupy residential real estate as a residence is a protected party, and as against a protected party contracting owner the lien of a claimant other than a prime contractor is limited to the lesser of the amount unpaid under the claimant's contract or the amount unpaid under the prime contract when the owner receives the notice of the right to assert a lien.

Last reviewed 8.4.26

This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.