Securing a Nebraska Construction Lien

Construction liens are governed under the Nebraska Construction Lien Act, found at Sections 52-125 to 52-159 of the Nebraska Revised Statutes.

A lien is a legal right or interest in property, held by a creditor until the debtor pays the amount due on account. Construction liens are often used to persuade an owner or other party to pay a contractor the balance owed for work on real property. For instance, if a contractor who completed a project is waiting for payment, a lien might make sense. Because liens prevent an owner from selling or refinancing a property (or make it difficult to do so), they offer an effective remedy for contractors and other eligible parties.

A claimant may record a lien which shall be signed by the claimant and state: (a) The real estate subject to the lien, with a description thereof sufficient for identification; (b) The name of the person against whose interest in the real estate a lien is claimed; (c) The name and address of the claimant; (d) The name and address of the person with whom the claimant contracted; (e) A general description of the services performed or to be performed or materials furnished or to be furnished for the improvement and the contract price thereof; (f) The amount unpaid, whether or not due, to the claimant for the services or materials or if no amount is fixed by the contract a good faith estimate of the amount designated as an estimate; and (g) The time the last services or materials were furnished or if that time has not yet occurred, an estimate of the time. Neb. Rev. Stat. 52-147(1).

In Nebraska, construction liens are recorded with the county recorder's office within the bounds of the county where the property is located. A recorded lien remains enforceable for two (2) years after its recordation. Neb. Rev. Stat. 52-140. Note that in addition to the statutory content requirements, the lien form must meet all state and local standards for recorded documents.

This article is offered for informational purposes only and is not legal advice. This information not be relied upon as a substitute for speaking with an attorney. Please speak with an attorney familiar with lien laws for any questions regarding filing and recording a construction lien in Nebraska.

Back to Nebraska