Nebraska Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under Nebraska Revised Statutes §§52-125 to 52-159 — Private Works, Payment Bonds & Public Projects
Nebraska mechanic lien deadline table with toggles for project type and claimant type.
Nebraska Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Record the Construction Lien with the register of deeds within 120 days after the claimant's last substantial furnishing.
Send a copy of the recorded Construction Lien to the owner within 10 days after recording.
Commence an action to enforce the Construction Lien within 2 years after the date of recording.
If the owner delivers a written demand to institute proceedings, the lien lapses 30 days after receipt unless the claimant sues or files an affidavit that the contract price is not yet due.
Preliminary Notice
Mechanic Lien
Record the Construction Lien with the register of deeds within 120 days after the claimant's last substantial furnishing.
Send a copy of the recorded Construction Lien to the owner within 10 days after recording.
Enforcement
Commence an action to enforce the Construction Lien within 2 years after the date of recording.
If the owner delivers a written demand to institute proceedings, the lien lapses 30 days after receipt unless the claimant sues or files an affidavit that the contract price is not yet due.
Nebraska Mechanic Lien Law Overview
Nebraska construction mechanic lien rights are governed by the Nebraska Revised Statutes §§52-125 to 52-159 for private works and §§52-118 to 52-118.02 for public works. This statutory framework, modeled after Article 5 of the Uniform Simplification of Land Transfers Act, protects the payment rights of contractors, subcontractors, materialmen, architects, engineers, and other persons who furnish services or materials for the improvement of real property in Nebraska.
Under Nebraska law, a construction mechanic lien may be claimed by any person who furnishes services or materials pursuant to a real estate improvement contract — defined as an agreement to perform services, including labor, or to furnish materials for the purpose of producing a change in the physical condition of land or a structure. Materials covered include those incorporated into the structure, used for construction or equipment operation, and tools or machinery used on the project. Suppliers to suppliers, however, have no right to file a construction mechanic lien.
Nebraska's construction mechanic lien system provides a structured framework of preliminary notices, mechanic lien recording deadlines, and enforcement timelines. The state also permits contracting owners to file a Notice of Commencement (§52-145), which affects mechanic lien priority and attachment dates. For public works projects, Nebraska requires a 100% payment bond and provides separate bond claim procedures under §§52-118 to 52-118.02.
National Lien & Bond provides authoritative guidance on every aspect of Nebraska construction mechanic lien compliance, from notice of mechanic lien liability requirements through mechanic lien recording, public payment bond claims, and mechanic lien enforcement proceedings.
Topics on This Page
Nebraska Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Nebraska construction mechanic lien law.
Notice Requirements
Preliminary notice obligations, notice of mechanic lien liability, and Notice of Commencement procedures under Nebraska Revised Statutes
Mechanic Lien Deadlines
120-day mechanic lien recording deadline, filing requirements, protected party limitations, and mechanic lien attachment rules
Mechanic Lien Enforcement Deadlines
2-year enforcement period, demand to institute proceedings, public payment bond suit deadlines, and mechanic lien lapse rules
Frequently Asked Questions
What types of construction mechanic liens are available in Nebraska?
Nebraska provides construction mechanic lien rights for private works under Revised Statutes §§52-125 to 52-159. Any person who furnishes services or materials pursuant to a real estate improvement contract — including contractors, subcontractors, materialmen, architects, and engineers — may file a construction mechanic lien. However, suppliers to suppliers have no right to file. For public works projects, mechanic liens are not available; instead, claimants must pursue payment through a suit on the 100% payment bond under §§52-118 to 52-118.02.
What is the deadline to file a construction mechanic lien in Nebraska?
A construction mechanic lien must be recorded not later than 120 days after the date the last substantial services or materials were furnished (§52-137). Insignificant punch list work or delivery of an insignificant portion of materials may not extend this deadline. After recording, the claimant must send a copy of the recorded mechanic lien to the "protected party contracting owner" within 10 days (§52-135).
How long is a construction mechanic lien enforceable in Nebraska?
A construction mechanic lien is enforceable for 2 years from the date of recording. However, if the contracting owner delivers a demand to institute judicial proceedings, the mechanic lien will lapse 30 days after receipt unless the claimant either commences suit or files an affidavit that the contract price is not yet due. Filing suit extends the mechanic lien until the judicial proceedings terminate.
What is a Notice of Commencement and how does it affect mechanic lien priority in Nebraska?
A Notice of Commencement may be filed by the contracting owner under §52-145. Mechanic Liens filed while the Notice of Commencement is effective attach at the time of filing of the Notice of Commencement. Mechanic Liens filed after termination of the Notice of Commencement attach the day after termination. If no Notice of Commencement is recorded, mechanic liens attach as of the date of visible commencement of the improvement.
What are the public works payment bond claim requirements in Nebraska?
On public works projects, a claimant who has not been paid within 90 days after last furnishing labor or material may file suit against the payment bond (§52-118.01). The suit must be filed no later than 1 year after the final settlement of the principal contract (§52-118.02). Sub-subcontractors without a direct contractual relationship with the general contractor must give written notice within 4 months from their last furnishing date.
Does Nebraska require a preliminary notice before filing a construction mechanic lien?
Nebraska does not require a formal preliminary notice as a prerequisite to filing a construction mechanic lien. However, a claimant may give a written notice of mechanic lien liability to the Contracting Owner at any time after entering into the contract (§52-135). This notice is strongly recommended because a subcontractor's mechanic lien against a "protected party" is limited to the lesser of the amount owed under the subcontract or the amount unpaid under the prime contract at the time the protected party receives notice.