Nebraska mechanics lien deadlines: notice, lien and suit (2026)
By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer
Nebraska preliminary notice, all roles: None required (Neb. Rev. Stat. § 52-135(1)). Lien filing, all roles: 120 days after the claimant's final furnishing of services or materials (§ 52-137(1)). Deadline to sue, all roles: 2 years after the lien is recorded (§ 52-140(1)), with a separate rule after a written demand to institute a judicial proceeding (§ 52-140(2)).
Nebraska · Lien deadlinesVerified 2026-10-02
Lien filing
120 days after the claimant's final furnishing of services or materials
What the statute says about it. Except as modified by subsections (4) and (5) of § 52-136, where the contracting owner is a party described in § 52-129(1), the lien of a claimant other than a prime contractor is for the lesser of the amount unpaid under the claimant's contract or the amount unpaid under the prime contract through which the claimant claims at the time the contracting owner receives the claimant's notice of the right to assert a lien. Recipients: The contracting owner.
(1) At any time after a claimant has entered into the contract under which he or she may claim a lien under the Nebraska Construction Lien Act, he or she may give notice of the right to assert a lien to the contracting owner.
(2) Except as modified by subsections (4) and (5) of this section, as against a protected party contracting owner, the lien of a claimant other than a prime contractor is for the lesser of: (a) The amount unpaid under the claimant's contract; or (b) The amount unpaid under the prime contract through which the claimant claims at the time the contracting owner receives the claimant's notice of the right to assert a lien.
What the statute says about it. A claimant's lien does not attach and may not be enforced unless, after entering into the contract under which the lien arises and within that time, the claimant has recorded a lien.
(1) A claimant's lien does not attach and may not be enforced unless, after entering into the contract under which the lien arises and not later than one hundred twenty days after his or her final furnishing of services or materials, he or she has recorded a lien.
What the statute says about it.Recipients: The contracting owner.
(3) The claimant shall send a copy of a recorded lien to the contracting owner within ten days after recording, and the recording shall be within the time specified for the filing of liens under section 52-137.
(1) Protected party shall mean: (a) An individual who contracts to give a real estate security interest in, or to buy or to have improved, residential real estate all or a part of which he or she occupies or intends to occupy as a residence; (b) A person obligated primarily or secondarily on a contract to buy or have improved residential real estate or on an obligation secured by residential real estate if, at the time he or she becomes obligated, he or she is related to an individual who occupies or intends to occupy all or a part of the real estate as a residence; or (c) With respect to a security agreement, a person who acquires residential real estate and assumes or takes subject to the obligation of a prior protected party under the real estate security agreement.
What the statute says about it. If a judicial proceeding to enforce the lien is instituted while the lien is effective, the lien continues during the pendency of the proceeding.
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, Laborer
Any
If an owner, holder of a security interest, or other person having an interest in the real estate gives the claimant written demand to institute a judicial proceeding within thirty days
Within thirty days after receipt of the written demand
What the statute says about it. The lien lapses unless within that time the claimant institutes judicial proceedings or records an affidavit that the total contract price is not yet due under the contract for which the claimant recorded the lien.
(1) Except as provided in subsections (2) and (3) of this section, a lien that has become enforceable as provided in sections 52-125 to 52-159 continues enforceable for two years after recording of the lien.
(3) If a judicial proceeding to enforce a lien is instituted while a lien is effective under subsection (1) or (2) of this section, the lien continues during the pendency of the proceeding.
(2) Except as provided in subsection (3) of this section, if an owner, holder of a security interest, or other person having an interest in the real estate gives the claimant written demand to institute a judicial proceeding within thirty days, the lien lapses unless within thirty days after receipt of the written demand, the claimant institutes judicial proceedings or records an affidavit that the total contract price is not yet due under the contract for which he or she recorded the lien.
The notice of the right to assert a lien and the copy of a recorded lien sent to the contracting owner, both under § 52-135, apply only when the contracting owner is a party described in § 52-129(1). That includes an individual who contracts to have improved residential real estate all or a part of which he or she occupies or intends to occupy as a residence, and residential real estate, in relation to such a party, contains not more than four dwelling units and no nonresidential uses for which that party is a lessor, though a condominium unit that is otherwise residential real estate remains so even though the condominium development contains more than four dwelling units or units used for nonresidential purposes.
(6) This section shall apply to a lien claimant only when the contracting owner is a protected party.
(1) Protected party shall mean: (a) An individual who contracts to give a real estate security interest in, or to buy or to have improved, residential real estate all or a part of which he or she occupies or intends to occupy as a residence; (b) A person obligated primarily or secondarily on a contract to buy or have improved residential real estate or on an obligation secured by residential real estate if, at the time he or she becomes obligated, he or she is related to an individual who occupies or intends to occupy all or a part of the real estate as a residence; or (c) With respect to a security agreement, a person who acquires residential real estate and assumes or takes subject to the obligation of a prior protected party under the real estate security agreement.
(2) Residential real estate shall mean, in relation to a protected party, real estate, improved or to be improved, containing not more than four dwelling units and no nonresidential uses for which the protected party is a lessor.
A condominium unit that is otherwise residential real estate remains so even though the condominium development contains more than four dwelling units or units used for nonresidential purposes.
The day of the event is not counted, and the last day of the period is.
Except as may be otherwise more specifically provided, the period of time within which an act is to be done in any action or proceeding shall be computed by excluding the day of the act, event, or default after which the designated period of time begins to run.
A last day that falls on a Saturday, a Sunday or a legal holiday moves to the next day that is not one. This applies at these stages: Deadline to sue.
The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a day during which the offices of courts of record may be legally closed as provided in this section, in which event the period shall run until the end of the next day on which the office will be open.
All courts and their offices may be closed on Saturdays, Sundays, days on which a specifically designated court is closed by order of the Chief Justice of the Supreme Court, and these holidays: New Year's Day, January 1; Birthday of Martin Luther King, Jr., the third Monday in January; President's Day, the third Monday in February; Arbor Day, the last Friday in April; Memorial Day, the last Monday in May; Juneteenth National Independence Day, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Indigenous Peoples' Day and Columbus Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; the day after Thanksgiving; Christmas Day, December 25; and all days declared by law or proclamation of the Governor to be holidays.
A last day on which a specifically designated court is closed by order of the Chief Justice of the Supreme Court also moves.
When the period is one within which an act is to be done in any action or proceeding, a last day that falls on a Saturday, a Sunday or a legal holiday also moves at these stages: Lien filing, Service of the lien.
Who the deadlines apply to
Every Nebraska rule names the same five roles: direct contractors, subcontractors, sub-subcontractors, suppliers and laborers.
The preliminary notice stage reads None required for all five [1]. The notice the act describes there is a notice of the right to assert a lien, given to the contracting owner, and it is optional. Two other rules carry a condition of their own: the copy of a recorded lien, and the written demand to start a suit. Both are set out below.
How the periods run
The optional notice. Section 52-136(2) ties an effect to it. Except as modified by subsections (4) and (5) of § 52-136, where the contracting owner is a party described in § 52-129(1), the lien of a claimant other than a prime contractor is for the lesser of two amounts: the amount unpaid under the claimant's contract, or the amount unpaid under the prime contract through which the claimant claims at the time the contracting owner receives the claimant's notice of the right to assert a lien [2].
Recording the lien. The period is 120 days after the claimant's final furnishing of services or materials[3]. Under § 52-137(1), a claimant's lien does not attach and may not be enforced unless, after entering into the contract under which the lien arises and within that time, the claimant has recorded a lien [3].
Sending a copy. When the contracting owner is a party described in § 52-129(1), the claimant sends the contracting owner a copy of the recorded lien within 10 days after the lien is recorded[1].
Enforcing the lien. The default rule runs from the recording: 2 years after the lien is recorded[5]. If a judicial proceeding to enforce the lien is instituted while the lien is effective, the lien continues during the pendency of the proceeding [5].
A second rule starts with a condition. If an owner, holder of a security interest, or other person having an interest in the real estate gives the claimant written demand to institute a judicial proceeding within thirty days, the period is Within thirty days after receipt of the written demand[5]. The lien lapses unless within that time the claimant institutes judicial proceedings or records an affidavit that the total contract price is not yet due under the contract for which the claimant recorded the lien [5]. The calculator counts no date for this rule, since the demand is not one of its inputs.
How residential work is treated
The notice of the right to assert a lien and the copy of a recorded lien sent to the contracting owner, both under § 52-135, apply only when the contracting owner is a party described in § 52-129(1) [1]. That description includes an individual who contracts to have improved residential real estate that he or she occupies, in whole or in part, or intends to occupy as a residence [4].
Counting the days
Section 25-2221 leaves out the day of the act, event or default that starts a period and includes the last day [6]. For the deadline to sue, when the last day is a Saturday, a Sunday or a day the offices of courts of record may be legally closed, the period runs until the end of the next day the office is open [6]. Those closed days take in the holidays the section lists, days declared holidays by law or proclamation of the Governor, and days a specifically designated court is closed by order of the Chief Justice of the Supreme Court [6].
A lien filing or service date that falls on a weekend or a holiday may move later when the period is one within which an act is to be done in any action or proceeding [6].
What changed recently
Sections 52-135 and 52-136 were last amended by Laws 2003, LB 655 [1][2]. Sections 52-129, 52-137 and 52-140 date from Laws 1981, LB 512 [4][3][5]. Section 25-2221 was last amended by Laws 2022, LB29 [6].
: 10 more jurisdictions published: Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island and South Carolina.
: 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
: 10 more jurisdictions published: Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi and Missouri.
: Dataset first published: 9 of 51 jurisdictions published.
