§ 52-131 — Construction lien; existence; amount; priority; enforcement

Nebraska § 52-131

• Jurisdiction: Nebraska
• Ch. 52: Liens

Text

(1) 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.
(2) A lien arises under the act only if the claimant records a lien within the time specified by section 52-137 .
(3) Real estate to which a construction lien attaches is specified by section 52-133 , and limitations on the existence of a lien for materials are specified by section 52-134 .
(4) The amount of a claimant's lien is specified by section 52-136 . The content of the notice of the right to assert a lien to be given to the owner under section 52-136 is specified by section 52-135 .
(5) The priority of a claimant's lien as against other construction-lien claimants is specified in section 52-138 , and priority as against claimants other than construction-lien claimants is specified in section 52-139 .
(6) Foreclosure of a lien under the act is governed by section 52-155 , and the time within which an action to foreclose must be brought by section 52-140 .

Legislative History

Source: Laws 1981, LB 512, § 7; Laws 2003, LB 655, § 5. Annotations: A construction lien is automatically created whenever a contractor furnishes services or materials and originates from the contracting owner's entering into the improvement contract even though it has not yet attached to the real estate and is not yet enforceable. Nore Electric v. S & H Holdings, 316 Neb. 197, 3 N.W.3d 895 (2024). The time specified by section 52-‍137 is after entering into the real estate improvement contract and not later than 120 days after the contractor's final furnishing of services or materials. Nore Electric v. S & H Holdings, 316 Neb. 197, 3 N.W.3d 895 (2024). A construction lien is not valid absent a contract between the parties. Mid-America Maintenance v. Bill Morris Ford, 232 Neb. 920, 442 N.W.2d 869 (1989). The Nebraska Construction Lien Act does not prevent employees of a subcontractor from filing a construction lien against the property owner. Omaha Constr. Indus. Pension Plan v. Children's Hosp., 11 Neb. App. 35, 642 N.W.2d 849 (2002). A construction lien is not valid absent a contract between the parties. Sorenson v. Dager, 8 Neb. App. 729, 601 N.W.2d 564 (1999).