Nebraska Revised Statutes

Neb. Rev. Stat. § 52-134 (2026)

Lien for materials; conditions; limitations

✓ current as of July 2026
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(1) A lien for furnishing materials arises only if:

(a) They are supplied with the intent, shown by the contract of sale, the delivery order, delivery to the site by the claimant or at his or her direction, or by other evidence, that they be used in the course of construction of, or incorporated into, the improvement in connection with which the lien arises; and

(b) They are either:

(i) Incorporated in the improvement or consumed as normal wastage in construction operations;

(ii) Specially fabricated for incorporation in the improvements and not readily resalable in the ordinary course of the fabricator's business even though not actually incorporated in the improvement;

(iii) Used for the construction or for the operation of machinery or equipment used in the course of construction and not remaining in the improvement, subject to diminution by the salvage value of those materials; or

(iv) Tools, appliances, or machinery used on the particular improvement, but a lien for supplying tools, appliances, or machinery used on the improvement is limited as provided by subsection (3) of this section.

(2) The delivery of materials to the site of the improvement, whether or not by the claimant, creates a presumption that they were used in the course of construction or were incorporated into the improvement.

(3) A lien arising for the supplying of tools, appliances, or machinery under subdivision (1)(b)(iv) of this section is limited as follows:

(a) If they are rented, the lien is for the reasonable rental value for the period of actual use and any reasonable periods of nonuse taken into account in the rental contract; and

(b) If they are purchased, the lien is for the price but arises only if they were purchased for use in the course of the particular improvement and have no substantial value to the purchaser after the completion of the improvement on which they were used.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1989–2023 · leading case: Midlands Rental & Mach., Inc. v. Christensen Ltd. P'ship, 566 N.W.2d 115 (Neb. 1997).
Midlands Rental & Mach., Inc. v. Christensen Ltd. P'ship, 566 N.W.2d 115 (Neb. 1997). · cites it 9× “The amount of a lien arising from the supplying of tools, appliances, or machinery is limited as follows: (a) If they are rented, the lien is for the reasonable rental value for the period of actual use and any reasonable periods of nonuse taken into account in the rental…”
Mid-Am. Maint., Inc. v. Bill Morris Ford, Inc., 442 N.W.2d 869 (Neb. 1989). · cites it 2× “Neb. Rev. Stat. § 52-134 provides: A lien for furnishing materials arises only if: (a) They are supplied with the intent, shown by the contract of sale, the delivery order, delivery to the site by the claimant or at his or her direction, or by other evidence, that they be used…”
Quality Equip. Co. v. Transamerica Ins., 502 N.W.2d 488 (Neb. 1993). · cites it 3× “” However, we are examining quite a different statute, § 52-118, which by its unambiguous language governs a surety bond for a public highway contractor.”
Bruno v. All. Rental Grp., LLC (Mass. App. Ct. 2023). “§ 71-3 - 524(3)(a) (same); Neb. Rev. Stat. § 52-134 (3)(a) (same); Ohio Rev.”
— Neb. Rev. Stat. § 52-134(2) — 1 case
Quality Equip. Co. v. Transamerica Ins., 502 N.W.2d 488 (Neb. 1993). “” However, we are examining quite a different statute, § 52-118, which by its unambiguous language governs a surety bond for a public highway contractor.”
— Neb. Rev. Stat. § 52-134(3) — 1 case
Midlands Rental & Mach., Inc. v. Christensen Ltd. P'ship, 566 N.W.2d 115 (Neb. 1997). “The amount of a lien arising from the supplying of tools, appliances, or machinery is limited as follows: (a) If they are rented, the lien is for the reasonable rental value for the period of actual use and any reasonable periods of nonuse taken into account in the rental…”
— Neb. Rev. Stat. § 52-134(3)(a) — 1 case
Midlands Rental & Mach., Inc. v. Christensen Ltd. P'ship, 566 N.W.2d 115 (Neb. 1997). “The amount of a lien arising from the supplying of tools, appliances, or machinery is limited as follows: (a) If they are rented, the lien is for the reasonable rental value for the period of actual use and any reasonable periods of nonuse taken into account in the rental…”
— Neb. Rev. Stat. § 52-134(3)(b) — 1 case
Midlands Rental & Mach., Inc. v. Christensen Ltd. P'ship, 566 N.W.2d 115 (Neb. 1997). “The amount of a lien arising from the supplying of tools, appliances, or machinery is limited as follows: (a) If they are rented, the lien is for the reasonable rental value for the period of actual use and any reasonable periods of nonuse taken into account in the rental…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.