Neb. Rev. Stat. » Chapter 52
Nebraska Revised Statutes

Neb. Rev. Stat. § 52-131 (2026)

Construction lien; existence; amount; priority; enforcement

✓ current as of July 2026
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(1) A person who furnishes services or materials pursuant to a real estate improvement contract has a construction lien, only to the extent provided in the Nebraska Construction Lien Act, to secure the payment of his or her contract price.

(2) A lien arises under the act only if the claimant records a lien within the time specified by section 52-137.

(3) Real estate to which a construction lien attaches is specified by section 52-133, and limitations on the existence of a lien for materials are specified by section 52-134.

(4) The amount of a claimant's lien is specified by section 52-136. The content of the notice of the right to assert a lien to be given to the owner under section 52-136 is specified by section 52-135.

(5) The priority of a claimant's lien as against other construction-lien claimants is specified in section 52-138, and priority as against claimants other than construction-lien claimants is specified in section 52-139.

(6) Foreclosure of a lien under the act is governed by section 52-155, and the time within which an action to foreclose must be brought by section 52-140.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1989–2026 · leading case: Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 582 N.W.2d 604 (Neb. 1998).
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Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 582 N.W.2d 604 (Neb. 1998). · cites it 3× “1) Tilt-Up entered into a lump-sum contract with Star City, (2) Tilt-Up was a prime contractor, (3) the lack of substantial performance of the contract did not eliminate Tilt-Up’s construction lien, (4) Tilt-Up had a construction lien for more than the reasonable value of…”
Echo Grp. v. Tradesmen Internat., 980 N.W.2d 869 (Neb. 2022). · cites it 2× “26 § 52-131(1). - 742 - Nebraska Supreme Court Advance Sheets 312 Nebraska Reports ECHO GROUP V.”
Omaha Constr. Indus. Pension Plan v. Child.'s Hosp., 642 N.W.2d 849 (Neb. Ct. App. 2002). · cites it 4× “§ 52-131. There is no language which prohibits employees of a subcontractor from filing a construction lien.”
Sorenson v. Dager, 601 N.W.2d 564 (Neb. Ct. App. 1999). · 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.”
Franksen v. Crossroads Jt. Venture, 515 N.W.2d 794 (Neb. 1994). “§ 52-131(1). If at the time a construction lien is recorded there is a recorded notice of commencement covering the improvement pursuant to which the lien arises, the lien is on the contracting owner’s real estate described in the notice of commencement.”
Bricklayers of W. Pennsylvania Combined Funds, Inc. v. Scott's Dev. Co., 41 A.3d 16 (Pa. Super. Ct. 2012). “2d 849 (2002) (holding that, under Neb.Rev.Stat. § 52-131(1), "an employee of a subcontractor may file a lien against the property owner”); Divane v.”
Mid-Am. Maint., Inc. v. Bill Morris Ford, Inc., 442 N.W.2d 869 (Neb. 1989). · cites it 2× “Morris said he did not know what specific items Ford would not have purchased, adding, “I don’t know anything about a roof.”
In Re WorldCom, Inc., 362 B.R. 96 (Bankr. S.D.N.Y. 2007). “Prior to the Second Supplemental Briefing, the Debtors argued, that even if the Lien was valid when filed, the Lien lapsed because Waldinger failed to bring a suit to foreclose the Lien (the “Foreclosure Action”) within the statutory time period required by Nebraska Law…”
Hulinsky v. Parriott, 441 N.W.2d 883 (Neb. 1989). “§ 52-131. Hulinsky clearly has a lien under the act.”
Taylor v. Taylor, 764 N.W.2d 101 (Neb. 2009). · cites it 2× “[6] Under § 52-131, to have a construction lien, Shirley must have had a real estate improvement contract with Leatha.”
In re MBA Poultry, L.L.C., 251 B.R. 82 (Bankr. D. Neb. 2000). “§ 52-131. A real estate improvement contract is an agreement to perform services or to furnish materials for the purpose of producing a change in the physical condition of land or of a structure, including construction or installation on, above, or below the surface of land, and…”
Nore Elec. v. S & H Holdings, 316 Neb. 197 (Neb. 2024). · cites it 3× “27 A “[c]laimant” is a person having a right to a lien upon real estate and includes his or her successor in interest, 28 in this case, the contractors.”
Show all 15 citing cases →
— Neb. Rev. Stat. § 52-131(1) — 8 cases
Echo Grp. v. Tradesmen Internat., 980 N.W.2d 869 (Neb. 2022). “26 § 52-131(1). - 742 - Nebraska Supreme Court Advance Sheets 312 Nebraska Reports ECHO GROUP V.”
Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 582 N.W.2d 604 (Neb. 1998). “1) Tilt-Up entered into a lump-sum contract with Star City, (2) Tilt-Up was a prime contractor, (3) the lack of substantial performance of the contract did not eliminate Tilt-Up’s construction lien, (4) Tilt-Up had a construction lien for more than the reasonable value of…”
Franksen v. Crossroads Jt. Venture, 515 N.W.2d 794 (Neb. 1994). “§ 52-131(1). If at the time a construction lien is recorded there is a recorded notice of commencement covering the improvement pursuant to which the lien arises, the lien is on the contracting owner’s real estate described in the notice of commencement.”
Sorenson v. Dager, 601 N.W.2d 564 (Neb. Ct. App. 1999). “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.”
Bricklayers of W. Pennsylvania Combined Funds, Inc. v. Scott's Dev. Co., 41 A.3d 16 (Pa. Super. Ct. 2012). “2d 849 (2002) (holding that, under Neb.Rev.Stat. § 52-131(1), "an employee of a subcontractor may file a lien against the property owner”); Divane v.”
— Neb. Rev. Stat. § 52-131(2) — 1 case
Nore Elec. v. S & H Holdings, 316 Neb. 197 (Neb. 2024). “27 A “[c]laimant” is a person having a right to a lien upon real estate and includes his or her successor in interest, 28 in this case, the contractors.”
— Neb. Rev. Stat. § 52-131(4) — 1 case
Echo Grp. v. Tradesmen Internat., 980 N.W.2d 869 (Neb. 2022). “26 § 52-131(1). - 742 - Nebraska Supreme Court Advance Sheets 312 Nebraska Reports ECHO GROUP V.”
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