To file a Nebraska construction lien, record a verified lien statement with the register of deeds in the county where the property sits, and do it no later than 120 days after you last furnished labor or materials on the job. Miss that window and the right is gone for good. Nebraska construction lien filing is governed by the Nebraska Construction Lien Act, Sections 52-125 through 52-159, and the statute rewards precision: small paperwork errors and late recordings routinely sink otherwise valid claims.
The 120-Day Recording Deadline
The single most important rule is the 120-day clock. A claimant must record the lien no later than 120 days after the claimant’s final furnishing of services or materials to the project. If a contractor finishes work on March 1, the lien must be on record by June 29. There is no cure for a late filing; the lien right is permanently forfeited.1Nebraska Legislature. Nebraska Revised Statutes 52-137
Count carefully from your actual last day of substantive work, not from the date of your invoice and not from a trivial return trip engineered to extend the deadline. If you are a subcontractor or supplier, your 120 days runs from your own last delivery or performance, not the general contractor’s.
Where and How to Record
The lien is recorded with the register of deeds in the county where the improved property is located. Recording fees vary by county. Douglas County, for example, charges $10 for the first page and $6 for each additional page. Call the local register of deeds before you drive over, because fee schedules and page formatting requirements differ from county to county.
Nebraska does not require subcontractors or suppliers to send a preliminary notice before filing. You can record the lien without having warned the owner in advance that one might be coming.
One significant limit applies when the owner is a “protected party,” which generally means someone who occupies or intends to occupy the property as a residence with no more than four dwelling units. In that situation, the lien amount is capped at the lesser of what the claimant is owed under their own contract or what remains unpaid under the prime contract at the time the owner receives the claimant’s notice of lien rights. A subcontractor on a single-family home can therefore end up with a lien worth far less than the balance owed, if the owner has already paid most of the prime contract to the general contractor.
Priority Against Mortgages and Other Liens
When the sale proceeds get divided, priority decides who gets paid. Nebraska generally follows first in time, first in right.2Nebraska Legislature. Nebraska Revised Statute 54-201 – Annotations Construction liens have their own wrinkle on that rule.
If a notice of commencement has been recorded for the project, any lien recorded while that notice is effective attaches as of the time the notice was recorded, not the date the individual lien was filed. All construction liens on the same project can therefore share the same priority date.1Nebraska Legislature. Nebraska Revised Statutes 52-137
When no notice of commencement is recorded, the lien attaches at the earlier of visible commencement of the improvement or the date the lien is recorded. Visible commencement for new construction occurs when materials are delivered to the site, excavation begins, or preparation of an existing structure starts. Because of this relation-back principle, a construction lien recorded months after work started can still outrank a mortgage recorded in between, as long as the mortgage was recorded after work visibly began.1Nebraska Legislature. Nebraska Revised Statutes 52-137
Enforcing the Lien by Foreclosure
Recording the lien is only half the job. If the owner does not pay, the lien is enforced by filing a foreclosure action in the district court of the county where the property is located. Nebraska treats these actions like other civil cases.3Nebraska Legislature. Nebraska Revised Statutes 52-155
Multiple lienholders on the same property can join as co-plaintiffs in a single foreclosure proceeding. Those who do not join voluntarily can be added as defendants, and anyone who records a lien or acquires an interest in the property after the suit begins can be brought in before the court enters judgment.3Nebraska Legislature. Nebraska Revised Statutes 52-155 The court determines what each claimant is owed and orders the property sold through any method available for foreclosing a security interest in real estate.
There is a separate statutory deadline for bringing the foreclosure action, set by Section 52-140 of the Nebraska Construction Lien Act. Missing that enforcement deadline can extinguish the lien even though it was recorded on time. Treat the recording and the suit as two distinct clocks, and do not let the lien sit indefinitely on the assumption that it will protect you forever.
Penalties for Overstating or Refusing to Release a Lien
Nebraska treats lien abuse as a real liability for the claimant. Under Section 52-157, if a claimant records a lien in bad faith, overstates the amount owed, or refuses to release a lien that should be released, the court can declare the entire lien void and award damages to the owner or anyone else harmed.4Nebraska Legislature. Nebraska Revised Statute 52-157 – Remedies for Wrongful Conduct
Damages can include the costs of correcting the public record and reasonable attorney’s fees. This is one of the few corners of Nebraska lien law where a losing party can be ordered to pay the other side’s legal costs. Inflating a claim to pressure the owner, or refusing to release a satisfied lien out of spite, invites a counterattack that can cost more than the disputed debt.
Before recording, double-check the amount against your contract and your actual unpaid balance. After payment, deliver a written release promptly.
How Bankruptcy Affects a Recorded Construction Lien
If the owner files bankruptcy, the automatic stay under 11 U.S.C. Section 362 immediately halts new foreclosure actions and enforcement of existing liens, and bars attempts to perfect a lien against property of the estate while the stay is in effect.5Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay You do not keep collecting through the bankruptcy; you file a proof of claim and wait for stay relief or distribution.
The better news for a properly recorded construction lien is that it generally survives the case. The debtor’s power under 11 U.S.C. Section 522(f) to strip liens that impair exemptions reaches judicial liens and certain nonpossessory, nonpurchase-money security interests in household goods, tools of the trade, and health aids. It does not apply to properly perfected construction liens or consensual mortgages.6Office of the Law Revision Counsel. 11 USC 522 – Exemptions A construction lienholder usually comes out of the bankruptcy with the lien still attached to the property, even if the owner’s personal liability for the debt is discharged.
That is the practical payoff for doing the filing right. A construction lien recorded within the 120 days, in the correct county, for an accurate amount, and enforced on time, holds its place through sales, refinancings, and even the owner’s bankruptcy. One recorded late, filed in the wrong office, or inflated beyond what is actually owed usually does not.