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

Neb. Rev. Stat. § 52-136 (2026)

Amount of lien

✓ current as of July 2026
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(1) Subject to subsection (3) of this section:

(a) The lien of a prime contractor is for the unpaid part of his or her contract price; and

(b) Except as against a protected party contracting owner, the lien of a claimant other than a prime contractor is for the amount unpaid under the claimant's contract.

(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.

(3) The lien of a claimant is reduced by the sum of the liens of claimants who claim through him or her.

(4) If a protected party contracting owner's lien liability under a particular prime contract as provided in subsection (5) of this section is less than the sum of claims of all claimants claiming through that particular prime contractor:

(a) Lien claimants whose liens attach at different times have liens in the order of attachment until the owner's lien liability is exhausted; and

(b) Among claimants whose liens attach, or may attach, at the same time, each claimant's lien is for his or her pro rata portion of the amount of the contracting owner's lien liability to claimants whose liens attach at that time.

(5) A protected party contracting owner's lien liability under a particular prime contract is the prime contract price less payments properly made thereon. A payment is properly made on a prime contract to the extent that the payment:

(a) Is made in good faith before the receipt by the contracting owner of a copy of a recorded lien or of a notice of the right to assert a lien; or

(b) If made after receipt by the contracting owner of a copy of a recorded lien or of a notice of the right to assert a lien, is made in good faith and leaves unpaid a part of the prime contract price sufficient to satisfy the unpaid claims of all claimants who have provided a copy of a recorded lien or who have given notice of the right to assert a lien and whose claims are not being satisfied by the payment.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1988–2022 · leading case: Lincoln Lumber Co. v. Lancaster, 618 N.W.2d 676 (Neb. 2000).
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Lincoln Lumber Co. v. Lancaster, 618 N.W.2d 676 (Neb. 2000). · cites it 8× “Both Kaser and Lincoln Lumber were entitled to the unpaid part of their contract price under § 52-136(1). Because Daugherty’s notice of commencement was in effect at the time they filed their liens, both liens attached on the date the notice of commencement was filed pursuant to…”
Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 582 N.W.2d 604 (Neb. 1998). · cites it 5× “Section 52-136(1)(a) provides that “[t]he lien of a prime contractor is for the unpaid part of his or her contract price .”
Sorenson v. Dager, 601 N.W.2d 564 (Neb. Ct. App. 1999). · cites it 5× “The Dagers contend that Sorenson cannot recover under the provisions of § 52-136, which apply to the lien of a claimant other than a prime contractor, because Sorenson did not substantially perform his contract with Niemeyer.”
Action Heating & Air Conditioning, Inc. v. Petersen, 429 N.W.2d 1 (Neb. 1988). · cites it 8× “The provisions of § 52-136 make it clear that a prime contractor is not entitled to payment from the owner until the liens of the subcontractors are satisfied.”
Goes v. Vogler, 304 Neb. 848 (Neb. 2020). · cites it 3× “Pursuant to Neb. Rev. Stat. § 52-136 (Reissue 2010), lien liability is limited to the difference between the “prime contract price” less payments properly made thereon.”
Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 621 N.W.2d 502 (Neb. 2001). “Cizek, supra (money collected on personal judgment to be credited to mechanic’s lien); § 52-136(1) (amount of lien is for unpaid part of contract price).”
Echo Grp. v. Tradesmen Internat., 980 N.W.2d 869 (Neb. 2022). · cites it 2× “29 Provisions within the Act authorize recovery of amounts in addition to the amount of the lien and, thus, may be in addition to the amount of the bond.”
Midlands Rental & Mach., Inc. v. Christensen Ltd. P'ship, 566 N.W.2d 115 (Neb. 1997). · cites it 5× “According to Neb. Rev. Stat. § 52-136 (2) (Reissue 1993), a claimant’s lien, as against a “protected party contracting owner,” is the lesser of “(a) [t]he amount unpaid under the claimant’s contract; or (b) [t]he amount unpaid under the prime contract through which the claimant…”
Blue Tee Corp. v. CDI Contractors, Inc., 529 N.W.2d 16 (Neb. 1995). “Because we find that Blue Tee is entitled to a lien, we must consider Blue Tee’s claim that it is entitled to interest on the amount due it from the date 30 days after Blue Tee’s last steel delivery.”
Omaha Constr. Indus. Pension Plan v. Child.'s Hosp., 642 N.W.2d 849 (Neb. Ct. App. 2002). “Further, § 52-136(l)(b) provides that “the lien of a claimant other than a prime contractor is for the amount unpaid under the claimant’s contract.”
Freedom Specialty Contracting v. Nichol Flats, 28 Neb. Ct. App. 797 (Neb. Ct. App. 2020). · cites it 5× “Neb. Rev. Stat. § 52-136 (1)(a) (Reissue 2010) speaks clearly as to the right to a construction lien only with respect to services performed or materials furnished, not with respect to services intended to be performed or materials intended to be furnished.”
Goes v. Vogler, 304 Neb. 848 (Neb. 2020). · cites it 3× “Pursuant to Neb. Rev. Stat. § 52-136 (Reissue 2010), lien liability is limited to the difference between the “prime contract price” less payments properly made thereon.”
— Neb. Rev. Stat. § 52-136(1) — 2 cases
Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 621 N.W.2d 502 (Neb. 2001). “Cizek, supra (money collected on personal judgment to be credited to mechanic’s lien); § 52-136(1) (amount of lien is for unpaid part of contract price).”
Lincoln Lumber Co. v. Lancaster, 618 N.W.2d 676 (Neb. 2000). “Both Kaser and Lincoln Lumber were entitled to the unpaid part of their contract price under § 52-136(1). Because Daugherty’s notice of commencement was in effect at the time they filed their liens, both liens attached on the date the notice of commencement was filed pursuant to…”
— Neb. Rev. Stat. § 52-136(1)(a) — 2 cases
Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 582 N.W.2d 604 (Neb. 1998). “Section 52-136(1)(a) provides that “[t]he lien of a prime contractor is for the unpaid part of his or her contract price .”
Freedom Specialty Contracting v. Nichol Flats, 28 Neb. Ct. App. 797 (Neb. Ct. App. 2020). “Neb. Rev. Stat. § 52-136 (1)(a) (Reissue 2010) speaks clearly as to the right to a construction lien only with respect to services performed or materials furnished, not with respect to services intended to be performed or materials intended to be furnished.”
— Neb. Rev. Stat. § 52-136(2) — 3 cases
Lincoln Lumber Co. v. Lancaster, 618 N.W.2d 676 (Neb. 2000). “Both Kaser and Lincoln Lumber were entitled to the unpaid part of their contract price under § 52-136(1). Because Daugherty’s notice of commencement was in effect at the time they filed their liens, both liens attached on the date the notice of commencement was filed pursuant to…”
Action Heating & Air Conditioning, Inc. v. Petersen, 429 N.W.2d 1 (Neb. 1988). “The provisions of § 52-136 make it clear that a prime contractor is not entitled to payment from the owner until the liens of the subcontractors are satisfied.”
Midlands Rental & Mach., Inc. v. Christensen Ltd. P'ship, 566 N.W.2d 115 (Neb. 1997). “According to Neb. Rev. Stat. § 52-136 (2) (Reissue 1993), a claimant’s lien, as against a “protected party contracting owner,” is the lesser of “(a) [t]he amount unpaid under the claimant’s contract; or (b) [t]he amount unpaid under the prime contract through which the claimant…”
— Neb. Rev. Stat. § 52-136(2)(a) — 1 case
Echo Grp. v. Tradesmen Internat., 980 N.W.2d 869 (Neb. 2022). “29 Provisions within the Act authorize recovery of amounts in addition to the amount of the lien and, thus, may be in addition to the amount of the bond.”
— Neb. Rev. Stat. § 52-136(2)(b) — 1 case
Midlands Rental & Mach., Inc. v. Christensen Ltd. P'ship, 566 N.W.2d 115 (Neb. 1997). “According to Neb. Rev. Stat. § 52-136 (2) (Reissue 1993), a claimant’s lien, as against a “protected party contracting owner,” is the lesser of “(a) [t]he amount unpaid under the claimant’s contract; or (b) [t]he amount unpaid under the prime contract through which the claimant…”
— Neb. Rev. Stat. § 52-136(3) — 1 case
Action Heating & Air Conditioning, Inc. v. Petersen, 429 N.W.2d 1 (Neb. 1988). “The provisions of § 52-136 make it clear that a prime contractor is not entitled to payment from the owner until the liens of the subcontractors are satisfied.”
— Neb. Rev. Stat. § 52-136(4) — 1 case
Action Heating & Air Conditioning, Inc. v. Petersen, 429 N.W.2d 1 (Neb. 1988). “The provisions of § 52-136 make it clear that a prime contractor is not entitled to payment from the owner until the liens of the subcontractors are satisfied.”
— Neb. Rev. Stat. § 52-136(5) — 2 cases
Lincoln Lumber Co. v. Lancaster, 618 N.W.2d 676 (Neb. 2000). “Both Kaser and Lincoln Lumber were entitled to the unpaid part of their contract price under § 52-136(1). Because Daugherty’s notice of commencement was in effect at the time they filed their liens, both liens attached on the date the notice of commencement was filed pursuant to…”
Action Heating & Air Conditioning, Inc. v. Petersen, 429 N.W.2d 1 (Neb. 1988). “The provisions of § 52-136 make it clear that a prime contractor is not entitled to payment from the owner until the liens of the subcontractors are satisfied.”
— Neb. Rev. Stat. § 52-136(5)(a) — 1 case
Action Heating & Air Conditioning, Inc. v. Petersen, 429 N.W.2d 1 (Neb. 1988). “The provisions of § 52-136 make it clear that a prime contractor is not entitled to payment from the owner until the liens of the subcontractors are satisfied.”
— Neb. Rev. Stat. § 52-136(l)(a) — 3 cases
Sorenson v. Dager, 601 N.W.2d 564 (Neb. Ct. App. 1999). “The Dagers contend that Sorenson cannot recover under the provisions of § 52-136, which apply to the lien of a claimant other than a prime contractor, because Sorenson did not substantially perform his contract with Niemeyer.”
Tilt-Up Concrete, Inc. v. Star City/Fed., Inc., 582 N.W.2d 604 (Neb. 1998). “Section 52-136(1)(a) provides that “[t]he lien of a prime contractor is for the unpaid part of his or her contract price .”
Action Heating & Air Conditioning, Inc. v. Petersen, 429 N.W.2d 1 (Neb. 1988). “The provisions of § 52-136 make it clear that a prime contractor is not entitled to payment from the owner until the liens of the subcontractors are satisfied.”
— Neb. Rev. Stat. § 52-136(l)(b) — 1 case
Omaha Constr. Indus. Pension Plan v. Child.'s Hosp., 642 N.W.2d 849 (Neb. Ct. App. 2002). “Further, § 52-136(l)(b) provides that “the lien of a claimant other than a prime contractor is for the amount unpaid under the claimant’s contract.”
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