Nebraska

PRELIMINARY NOTICE

This is not required but is optional. Neb. Rev. Stat. §§ 52-133(3), 52-135.

CONTENTS OF PRELIMINARY NOTICE

If a preliminary notice is filed by a claimant, the notice must include: (a) the claimant’s name address; (b) the name and address of the person with whom the claimant contracted; (c) the owner’s name;(d) a description of the services or materials provided; (e) a property description; (f) a statement that the claimant is entitled to record a lien; (g) the amount of the lien; and (h) the following statement: “Warning. If you did not contract with the person giving this notice, any future payments you make in connection with this project may subject you to double liability.” Neb. Rev. Stat. § 52-135(1); see Neb. Rev. Stat. § 52-145(5) regarding Notices of Commencement and their contents.

WHEN COMPLETION OCCURS

Neb. Rev. Stat. § 52-135 requires a lien claimant to record its lien before 120 days after “final furnishing.” “Final furnishing” has been defined to mean “substantial completion” of the work or furnishing of materials, but it does not mean providing “minor labor” or “minor materials.” See Preston Refrigeration Co. v. Omaha cold Storage Terminals, Inc., 742 N.W.2d 782, 788–89 (Neb. App. 2007).

TIME LIMIT FOR RECORDING MECHANICS LIEN

Liens must be filed and recorded between the time the claimant executed the contract and 120 days after the final furnishing of service and/or materials. The claimant must send a copy of the recorded lien to the owner within 10 days of recording. Neb. Rev. Stat. §§ 52-137(1), 52-135(3).

TIME LIMIT FOR ENFORCING MECHANICS LIEN

A lien is enforceable for 2 years after it is recorded. However, an owner may require a claimant to commence an action within 30 days, or require the claimant to record an affidavit that the contract price is not yet due, or forfeit its rights by serving written demand. Neb. Rev. Stat. § 52-140.

FORECLOSURE OR DISMISSAL BY COURT

A lien may be discharged by (1) recording a release, (2) the claimant’s failure to record an affidavit that the full sum is not yet due, (3) judgment from the court, or (4) recording a certificate from a clerk of court showing full payment or substitution bond. Neb. Rev. Stat. §52-154; see Neb. Rev. Stat. §52-155 for limited foreclosure proceedings.

https://nebraskalegislature.gov/laws/statutes.php?statute=52-131