2017 Nebraska Revised Statutes
Chapter 52 - LIENS
52-131 Construction lien; existence; amount; priority; enforcement.
52-131. Construction lien; existence; amount; priority; enforcement.
(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.
- Laws 1981, LB 512, § 7;
- Laws 2003, LB 655, § 5.
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).