(1) Except as provided in subsection (2) of this section, real estate improvement contract shall mean an agreement to perform services, including labor, or to furnish materials for the purpose of producing a change in the physical condition of land or of a structure including:
(a) Alteration of the surface by excavation, fill, change in grade, or change in a shore, bank, or flood plain of a stream, swamp, or body of water;
(b) Construction or installation on, above, or below the surface of land;
(c) Demolition, repair, remodeling, or removal of a structure previously constructed or installed;
(d) Seeding, sodding, or other landscaping operation;
(e) Surface or subsurface testing, boring, or analyzing; and
(f) Preparation of plans, surveys, or architectural or engineering plans or drawings for any change in the physical condition of land or structures whether or not used incident to producing a change in physical condition of the real estate.
(2) A contract for the mining or removal of timber, minerals, gravel, soil, sod, or things growing on land, or other similar contracts in which the activity is primarily for the purpose of realizing upon the disposal or removal of the objects removed, or a contract for the planting, cultivation, or harvesting of crops or for the preparation of the soil for planting of crops, is not a real estate improvement contract.
Notes of Decisions
Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 582 N.W.2d 604 (Neb. 1998).
· cites it 2× “A “real estate improvement contract” is defined as “an agreement to perform services, including labor, or to furnish materials for the purpose of producing a change in the physical condition of land or of a structure .”
Sorenson v. Dager, 601 N.W.2d 564 (Neb. Ct. App. 1999).
“]” § 52-131(1). A “real estate improvement contract” is defined as “an agreement to perform services, including labor, or to furnish materials for the purpose of producing a change in the physical condition of land or of a structure.”
Taylor v. Taylor, 764 N.W.2d 101 (Neb. 2009).
· cites it 6× “And under § 52-130, to have a valid real estate improvement contract, Shirley's efforts must have produced a change in the physical condition of the land.”
In Re Worldcom, Inc., 382 B.R. 610 (Bankr. S.D.N.Y. 2008).
“2d at 610 (citing Neb.Rev.Stat. § 52-130). Since a mechanic’s lien serves to secure the claims of those who have contributed to the construction of a building, “it should receive the most liberal construction to give full effect to its provisions.”
Tuttle & Assocs., Inc. v. Gendler, 467 N.W.2d 881 (Neb. 1991).
“A real estate improvement *831 contract includes an agreement to perform services such as the preparation of plans, surveys, and engineering plans for any change in the physical condition of the land whether or not used incident to producing a change in physical condition of the…”
In re MBA Poultry, L.L.C., 251 B.R. 82 (Bankr. D. Neb. 2000).
“§ 52-130. This definitional statute is broadly drawn, and its list of covered activities is not all-inclusive.”
Nore Elec. v. S & H Holdings, 316 Neb. 197 (Neb. 2024).
“They contend that the contractors’ liens did not attach to the sub- ject property because S&H was undisputedly the contracting owner and, at the time the liens were recorded, RIP was undis- putedly the owner of the real estate.”
In Re Mba Poultry, LLC, 251 B.R. 82 (Bankr. D. Neb. 2000).
“§ 52-130. This definitional statute is broadly drawn, and its list of covered activities is not all-inclusive.”
— Neb. Rev. Stat. § 52-130(1) — 2 cases
Taylor v. Taylor, 764 N.W.2d 101 (Neb. 2009).
“And under § 52-130, to have a valid real estate improvement contract, Shirley's efforts must have produced a change in the physical condition of the land.”
Nore Elec. v. S & H Holdings, 316 Neb. 197 (Neb. 2024).
“They contend that the contractors’ liens did not attach to the sub- ject property because S&H was undisputedly the contracting owner and, at the time the liens were recorded, RIP was undis- putedly the owner of the real estate.”
— Neb. Rev. Stat. § 52-130(2) — 1 case
Taylor v. Taylor, 764 N.W.2d 101 (Neb. 2009).
“And under § 52-130, to have a valid real estate improvement contract, Shirley's efforts must have produced a change in the physical condition of the land.”
— Neb. Rev. Stat. § 52-130(l)(f) — 1 case
Tuttle & Assocs., Inc. v. Gendler, 467 N.W.2d 881 (Neb. 1991).
“A real estate improvement *831 contract includes an agreement to perform services such as the preparation of plans, surveys, and engineering plans for any change in the physical condition of the land whether or not used incident to producing a change in physical condition of the…”
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