2017 Nebraska Revised Statutes
Chapter 52 - LIENS
52-157 Remedies for wrongful conduct.
52-157. Remedies for wrongful conduct.
(1) If a person is wrongfully deprived of benefits to which he or she is entitled under sections 52-125 to 52-159 by conduct other than that described in section 52-156:
(a) He or she is entitled to damages; and
(b) The court may make orders restraining the owner or other person, or ordering them to proceed on appropriate terms and conditions.
(2) If in bad faith a claimant records a lien, overstates the amount for which he or she is entitled to a lien, or refuses to execute a release of a lien, the court may:
(a) Declare his or her lien void; and
(b) Award damages to the owner or any other person injured thereby.
(3) Damages awarded under this section may include the costs of correcting the record and reasonable attorney's fees.
- Laws 1981, LB 512, § 33.
To act with bad faith, one must know his or her lien is invalid or overstated or act with reckless disregard as to such facts. Chicago Lumber Co. of Omaha v. Selvera, 282 Neb. 12, 809 N.W.2d 469 (2011).
While this section states that damages awarded may include reasonable attorney fees, it does not mandate the award of such fees. Model Interiors v. 2566 Leavenworth, LLC, 19 Neb. App. 56, 809 N.W.2d 775 (2011).