Amending a Construction Lien in Nebraska

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

Once a lien is recorded, there may be a reason to modify it later on. Should a modification become necessary, the claimant must file an Amendment of Recorded Lien.

A recorded lien may be amended by an additional recording at any time during the period allowed for recording the original lien. Neb. Rev. Stat. 52-148(1). An amendment adding real estate or increasing the amount of lien claimed is effective as to the additional real estate or increased amount only from the time the amendment is recorded. Id.

After the period allowed for recording the original lien, it may be amended for the purpose of: (a) Reducing the amount of the lien; (b) Reducing the real estate against which the lien is claimed; or (c) Making an apportionment of the lien among lots of a platted subdivision of record. Neb. Rev. Stat. 52-148(2).

The amendment states the recording location and date of recording of the notice of lien being amended and sets out the respects in which it is being amended. Neb. Rev. Stat. 52-148(3). It identifies the parties, the location of the subject property, and must also meet 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 a Nebraska attorney familiar with lien laws for any questions regarding amending a construction lien.

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