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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Nebraska's mechanic's lien laws to help you protect your right to payment.
Not required; optional Notice of Right to Assert Lien applies only if the owner is a protected party
Not required; optional Notice of Right to Assert Lien applies only if the owner is a protected party
Not required; optional Notice of Right to Assert Lien applies only if the owner is a protected party
Not required
Not required
Not required
Within 120 days after last furnishing of labor or materials
Within 120 days after last furnishing of labor or materials
Within 120 days after last furnishing of labor
Within 2 years after the lien filing date, unless shortened by demand
Within 2 years after the lien filing date, unless shortened by demand
Within 2 years after the lien filing date, unless shortened by demand
Unpaid balance of the prime contract
Unpaid balance of claimant's contract; capped by the unpaid balance under the prime contract if the owner is a protected party
Unpaid wages
Mechanic's lien rights in Nebraska are governed by the Nebraska Construction Lien Act and apply only to private construction projects. Public projects cannot be liened; instead, unpaid parties must pursue payment through Nebraska's public-works bonding requirements.
One concept worth knowing up front is that of the "protected party." This term generally refers to a residential owner tied to residential real estate of four or fewer units that they occupy (or intend to occupy). When the contracting owner is a protected party, special rules can limit certain lien amounts and make an optional Notice of Right to Assert Lien relevant (Neb. Rev. Stat. §§ 52-129, 52-135, 52-136).
With that in mind, let's get into the details.
In Nebraska, mechanic’s lien rights extend to parties who furnish services or materials under a real estate improvement contract, including:
- General (original) contractors
- Subcontractors and lower-tier subcontractors
- Material suppliers and vendors
- Laborers and wage earners
- Architects, engineers, surveyors, and design professionals
- Equipment lessors (limited to the reasonable rental value for actual use)
To be eligible for a mechanic's lien in Nebraska, your work must constitute services, labor, or materials to produce a physical change to the land or structures.
Here are some examples of what’s considered lienable work and what isn’t.
Lienable Work in Nebraska
- Construction, installation, or demolition of structures
- Excavation, grading, filling, or site preparation
- Repair, remodeling, or removal of existing structures
- Landscaping, seeding, and sodding
- Surveying, engineering, architectural, and design services
- Materials intended for and delivered to the project site
- Specially fabricated materials not readily resalable
- Equipment, tools, or machinery used on the improvement (subject to statutory limits)
Non-Lienable Work in Nebraska
- Work on public projects
- Mining, timber removal, or resource extraction
- Crop planting, cultivation, or harvesting
- Financing-related services
- Materials not intended for or used in the improvement
Nebraska doesn’t require preliminary notices or notices of intent to lien. Instead, claimants proceed directly to filing the lien.
Deadline to File
All Nebraska lien claimants—whether contractors, subs, suppliers, or laborers—must record their lien within 120 days of their last day of work or last delivery of materials.
Filing Requirements
- Filing location: Register of Deeds in the county where the property is located.
- Form requirements: The Claim of Lien must include:
- Legal description sufficient to identify the property
- Name of the contracting owner
- Name and address of the claimant
- Name and address of the party the claimant contracted with
- General description of services or materials
- Contract price and amount unpaid (or good-faith estimate)
- Date of last furnishing
- Verification: The lien must be signed by the claimant.
- Form amendments: In Nebraska, claimants may increase the lien amount within the original filing period (as long as these instructions are followed).
- Filing fee: Yes, but fees vary by county.
Service Requirements
Under Neb. Rev. Stat. § 52-135(3), a copy of the recorded lien must be sent to the contracting owner within 10 days after recording.
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Nebraska.
Enforcement Procedures
- Enforcement deadline: A Nebraska lien remains enforceable up to 2 years after the lien filing date. If the owner gives the claimant a written demand to file suit, the enforcement window shrinks from two years to 30 days from the date the demand was received.
- Filing location: Foreclosure actions must be filed with the district court in the county where the property is located.
- Lien priority: Liens attaching at the same time share equal priority; liens attaching at different times are prioritized by their attachment date.
Lien Release Requirements
Once the lien has been paid or has otherwise been resolved, the claimant must record a written release or satisfaction of lien with the same recording office where the lien was filed (Neb. Rev. Stat. § 52-154).
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
- Meaningful visibility: View the lien protection status for each project to identify and mitigate risk.
- Document creation: Generate state-specific lien notices instantly using existing project data
- Integrated delivery: Send notices via certified mail directly from Siteline to streamline delivery.
Yes. Nebraska does not bar unlicensed contractors from filing liens. Still, proper licensing is always recommended.
Yes, but just enforcement. An owner or other interested party may serve a written 30-day demand asserting that the lien claimant must start a foreclosure lawsuit. If the claimant does not file suit within that 30-day window—or record an affidavit stating that the contract price is not yet due—the lien automatically lapses (Neb. Rev. Stat. § 52-140).
No. Nebraska does not require a Notice of Intent (NOI) before recording a mechanic’s lien.
No. Nebraska does not require a preliminary notice to preserve lien rights. However, when the contracting owner is a protected party, claimants may optionally send a Notice of Right to Assert a Lien, which can affect how much the owner must withhold.
This notice can be sent to the owner at any time after entering into the contract and must substantially follow the form requirements outlined in Neb. Rev. Stat. §52-135.
No, Nebraska does not mandate statutory lien waiver forms. Parties are responsible for using their own forms. Read up on key details on Nebraska’s lien waiver requirements here.
Nebraska is an unpaid-balance lien state, meaning you can only lien for amounts that remain unpaid under your own contract.
If the contracting owner is a protected party, your lien may be further limited to the amount still unpaid under the prime contract at the time the owner receives your Notice of Right to Assert a Lien.
Nebraska also requires lien amounts to be adjusted down the contract chain. Each contractor must reduce their claimed lien amount by what they still owe to lower-tier claimants. For example, if a subcontractor is owed $50,000 by the GC but still owes $10,000 to a supplier, the subcontractor’s maximum lien is $40,000, not the full $50,000.
As long as the amounts reflect only what remains unpaid, a Nebraska lien may include:
- Labor and wages
- Materials that meet the requirements of Neb. Rev. Stat. § 52-134 (such as materials delivered to the site, incorporated into the improvement, consumed in construction, or specially fabricated)
- Equipment, tools, or machinery used on the improvement
Not necessarily. Nebraska only requires that work be furnished under a real estate improvement contract, which may be written, oral, or implied. Naturally, a written agreement offers the strongest protection.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.