Mechanics Lien Filing Package — Nebraska

Mechanics Lien Filing Package (NEBRASKA)

Quick-Reference Summary

Part A — Pre-Lien Notice (Notice of Right to Assert Lien)

NOTICE OF RIGHT TO ASSERT LIEN
Pursuant to Neb. Rev. Stat. § 52-135

To: [PROTECTED-PARTY OWNER NAME]
Address: [______________________________________]

Date of Notice: [__/__/____]

WARNING — IMPORTANT INFORMATION FOR YOUR PROTECTION

The undersigned has been, or will be, providing services or materials in connection with improvements to the real estate identified below. Under the Nebraska Construction Lien Act, the undersigned may have a right to assert a lien against your property if not paid in full.

1. Claimant Information

2. Real Estate Improvement Contract

Name of person with whom claimant contracted: [______________________________________]
Address of that person: [______________________________________]
Date claimant entered into contract / first furnished: [__/__/____]

3. Property Description

Common address: [______________________________________]
County: [______________________________________]
Legal description (or description sufficient for actual identification):
[____________________________________________________________]
[____________________________________________________________]

4. Description of Services / Materials

[____________________________________________________________]

5. Statutory Statement (Neb. Rev. Stat. § 52-135)

The undersigned is providing services or materials in connection with improvements to your real estate. The undersigned may have a right to file a construction lien against your real estate. The construction lien provides the undersigned a right to be paid for the services or materials furnished. Your prime contractor is required by law to pay the undersigned for the services or materials furnished. If your prime contractor does not pay the undersigned, the undersigned may file a construction lien.

You may take any reasonable steps to assure yourself that your prime contractor is paying the undersigned.

If the undersigned files a lien, the lien will only be enforceable against amounts that you have not yet paid your prime contractor when the lien is recorded.

Dated: [__/__/____]

Signature: __________________________________
Print Name: [______________________________________]
Title: [______________________________________]

Proof of Service

☐ Personal delivery — Delivered by: [____________] on [__/__/____]
☐ Certified mail, return receipt requested — Tracking #: [____________]
☐ Other (specify): [____________]

Part B — Claim of Construction Lien

RECORDING INFORMATION (TOP 3 INCHES — LEAVE BLANK FOR REGISTER OF DEEDS)

[3-INCH BLANK SPACE]

CLAIM OF CONSTRUCTION LIEN
Pursuant to Neb. Rev. Stat. §§ 52-125 to 52-159 (Nebraska Construction Lien Act)

STATE OF NEBRASKA )
) ss.
COUNTY OF [_____________] )

The undersigned, being first duly sworn upon oath, deposes and states:

1. Claimant. [CLAIMANT NAME], whose address is [______________________________________], claims a construction lien upon the real estate described below pursuant to the Nebraska Construction Lien Act.

2. Contracting Owner / Owner.

Name: [______________________________________]
Address: [______________________________________]
☐ Owner is a "protected party" under § 52-129 (residential, owner-occupied or to be occupied)
☐ Owner is not a protected party

3. Person Who Contracted with Claimant.

Name: [______________________________________]
Address: [______________________________________]
Relationship: ☐ Owner ☐ Prime contractor ☐ Subcontractor ☐ Other: [________]

4. Real Estate. The real estate to which this lien attaches is located in [_____________] County, Nebraska, and is described as follows:

Legal description:
[____________________________________________________________]
[____________________________________________________________]
Common address: [______________________________________]

5. Description of Services / Materials Furnished.

[____________________________________________________________]
[____________________________________________________________]

Date claimant first furnished services / materials: [__/__/____]
Date claimant last furnished services / materials (final furnishing): [__/__/____]

6. Amount of Lien.

7. Notice of Right to Assert Lien (if applicable).

☐ Notice given to protected-party owner on: [__/__/____], by [method]
☐ Notice not required (owner is not a protected party)

8. Verification. Claimant declares under penalty of perjury under the laws of the State of Nebraska that the foregoing is true and correct and that the claim is just.

Dated: [__/__/____]

Signature: __________________________________
Print Name: [______________________________________]
Title: [______________________________________]

ACKNOWLEDGMENT

STATE OF NEBRASKA )
) ss.
COUNTY OF [_____________] )

The foregoing instrument was acknowledged before me this [__] day of [__________], 20[__], by [______________________________________].

__________________________________
Notary Public
My commission expires: [__/__/____]

Recording Instructions

Part C — Notice of Filing Lien Claim to Owner

[CLAIMANT LETTERHEAD]

Date: [__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

To: [OWNER NAME]
Address: [______________________________________]

Cc: [PRIME CONTRACTOR NAME]
Address: [______________________________________]

Re: Notice of Recorded Construction Lien
Property: [______________________________________]
County: [_____________] County, Nebraska
Recording Date: [__/__/____]
Instrument / Book-Page: [______________]

Dear [Mr./Ms./Owner]:

This letter serves as formal notice that the undersigned has recorded a Claim of Construction Lien against the above-described real estate in the office of the Register of Deeds for [_____________] County, Nebraska, pursuant to the Nebraska Construction Lien Act, Neb. Rev. Stat. §§ 52-125 to 52-159.

Amount of lien: $[__________]
Basis of claim: Unpaid services and/or materials furnished under a real estate improvement contract.

Under Neb. Rev. Stat. § 52-140, an action to foreclose this lien must be brought within two (2) years from the date of recording, unless you elect to shorten that period to 30 days by serving the claimant with written demand under § 52-140(2).

A copy of the recorded Claim of Lien is enclosed.

Please remit the full amount due, or contact the undersigned to discuss resolution, by [__/__/____].

Sincerely,

__________________________________
[CLAIMANT REPRESENTATIVE NAME]
[Title]
[Phone] | [Email]

Enclosure: Recorded Claim of Construction Lien

Part D — Suit to Foreclose Construction Lien

IN THE DISTRICT COURT OF [_____________] COUNTY, NEBRASKA

Case No.: [_____________]

COMPLAINT TO FORECLOSE CONSTRUCTION LIEN

COMES NOW Plaintiff [CLAIMANT NAME], by and through undersigned counsel, and for its Complaint alleges:

JURISDICTION AND VENUE

1. This is an action to foreclose a construction lien recorded pursuant to the Nebraska Construction Lien Act, Neb. Rev. Stat. §§ 52-125 to 52-159, against real estate located in [_____________] County, Nebraska.

2. Venue is proper under Neb. Rev. Stat. § 25-401 because the real estate is situated in this county.

PARTIES

3. Plaintiff is [a/an _______________] with its principal place of business at [______________________________________].

4. Defendant [OWNER NAME] is the record owner of the subject real estate.

5. Defendant [PRIME CONTRACTOR NAME] is the prime contractor on the project and is joined as a necessary party.

6. Defendant [LENDER] holds a recorded mortgage / deed of trust against the property and is joined.

FACTUAL ALLEGATIONS

7. On or about [__/__/____], Plaintiff entered into a real estate improvement contract with [HIRING PARTY] to furnish [describe services/materials] for improvements to the real estate described below.

8. Real estate:
   Legal description: [__________________________________________________]
   Common address: [______________________________________]

9. Plaintiff first furnished services/materials on [__/__/____] and last furnished services/materials on [__/__/____].

10. The agreed contract price (or reasonable value) of Plaintiff's services and materials is $[__________]. After all just credits and offsets, the unpaid balance is $[__________].

11. [If applicable] On [__/__/____], Plaintiff served a Notice of Right to Assert Lien under Neb. Rev. Stat. § 52-135 on the protected-party owner.

12. On [__/__/____], within 120 days after final furnishing as required by Neb. Rev. Stat. § 52-137, Plaintiff recorded a Claim of Construction Lien with the Register of Deeds, [_____________] County, Nebraska, Instrument No. [______________].

13. This action is commenced within 2 years of recording as required by Neb. Rev. Stat. § 52-140.

CLAIM FOR RELIEF — FORECLOSURE OF CONSTRUCTION LIEN

14. Plaintiff incorporates the foregoing.

15. Plaintiff is entitled under Neb. Rev. Stat. § 52-155 to a decree foreclosing its construction lien on the subject real estate.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays:

A. For judgment establishing the validity, amount, and priority of Plaintiff's construction lien in the amount of $[__________], plus interest at the statutory rate;
B. For a decree of foreclosure ordering sale of the subject real estate to satisfy the lien;
C. Determining the rights, claims, and priorities of all Defendants;
D. For costs of suit and such other relief as the Court deems just.

Dated: [__/__/____]

Respectfully submitted,

__________________________________
[ATTORNEY NAME], NE Bar No. [______]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff

Part E — Pre-Filing Checklist

Lien rights

☐ Claimant furnished services or materials under a "real estate improvement contract" (§ 52-126).
☐ Claimant is not excluded (e.g., supplier-to-supplier in some scenarios).
☐ Project is private (not public works — bond remedy applies on public projects).

Owner classification

☐ Determined whether owner is a "protected party" under § 52-129 (residential, owner-occupant of 1–4 dwellings).
☐ If protected party: Notice of Right to Assert Lien under § 52-135 served and retained.
☐ If not protected party: voluntary notice considered as best practice.

Notice of Nonpayment (best practice)

☐ Notice of Nonpayment sent 10–30 days prior to recording (not statutorily required but recommended).

Claim of construction lien

☐ Claim drafted with required content under § 52-137 (claimant, contracting owner, hiring party, property description, services/materials, dates, amount due).
☐ Top 3 inches left blank for recording information.
☐ Verified by oath before a notary.
☐ Filing deadline calculated: NOT LATER THAN 120 days after final furnishing of services/materials.
☐ Recorded with Register of Deeds in county where property is located.
☐ Recording fee paid.

Post-recording

☐ Copy of recorded lien delivered to owner and prime contractor by certified mail RRR.
☐ Foreclosure deadline calendared: 2 years from recording — OR 30 days if owner serves § 52-140(2) demand.

Foreclosure suit

☐ Complaint filed in district court of county where real estate is located.
☐ Owner, prime contractor, lender, other lienholders joined.
☐ Lis pendens recorded.

Sources and References

• Nebraska Legislature — Chapter 52: https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=52
• Neb. Rev. Stat. § 52-131 (Construction lien — existence, amount, priority, enforcement): https://nebraskalegislature.gov/laws/statutes.php?statute=52-131
• Neb. Rev. Stat. § 52-135 (Notice of right to assert lien): https://nebraskalegislature.gov/laws/statutes.php?statute=52-135
• Neb. Rev. Stat. § 52-137 (Time for recording): https://nebraskalegislature.gov/laws/statutes.php?statute=52-137
• Neb. Rev. Stat. § 52-140 (Foreclosure deadline; owner's demand to shorten): https://nebraskalegislature.gov/laws/statutes.php?statute=52-140
• Nore Electric v. S & H Holdings, 316 Neb. 197, 3 N.W.3d 895 (2024)
• Cox & McCue, The Nebraska Construction Lien Act (DigitalCommons@UNL): https://digitalcommons.unl.edu/context/nlr/article/1959/viewcontent/103_Cox_and_McCue.pdf
• ALFA International — Nebraska Construction Lien Summary: https://www.alfainternational.com/compendium/construction/nebraska/