(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.
(2) If a lien is recorded while a notice of commencement is effective as to the improvement in connection with which the lien arises, the lien attaches as of the time the notice is recorded, even though visible commencement occurred before the notice is recorded. A notice of commencement is not effective until recording and, after recording, is effective until its lapse. A notice of commencement lapses at the earlier of its expiration as provided in subsection (2) of section 52-145 or the date it is terminated by a notice of termination as provided in section 52-146.
(3) If a lien is recorded while there is no recorded notice of commencement covering the improvement in connection with which the lien arises, the lien attaches at the earlier of visible commencement of the improvement or the recording of the lien, but if visible commencement has occurred before or within thirty days after the lapse of the last notice of commencement covering the improvement:
(a) The lien attaches at the time the lien is recorded if the lien is recorded within thirty days after lapse of the last effective notice of commencement; or
(b) The lien relates back to and attaches thirty-one days after the termination date if the lien is recorded more than thirty days after lapse of the last effective notice of commencement.
(4) If new construction is the principal improvement involved and the materials, excavation, preparation of an existing structure, or other preparation are readily visible on a reasonable inspection of the real estate, visible commencement occurs when:
(a) Materials are delivered to the real estate to which the lien attaches preparatory to construction;
(b) Excavation on the real estate to which the lien attaches is begun; or
(c) Preparation of an existing structure to receive the new construction, or other preparation of the real estate to which the lien attaches, is begun.
(5) In all cases not covered by subsection (4) of this section the time visible commencement occurs is to be determined by the circumstances of the case.
Notes of Decisions
Borrenpohl v. DaBeers Props., LLC, 755 N.W.2d 39 (Neb. 2008).
· cites it 3× “, §§ 52-137 and 52-139, none of these priority-related provisions directly support Borrenpohl and Bartels' argument that the date and time stamp on the notice of commencement controls lien priority.”
Preston Refrigeration v. Omaha Cold Storage, 742 N.W.2d 782 (Neb. Ct. App. 2007).
· cites it 2× “Section 52-137(1) provides: "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…”
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…”
Nore Elec. v. S & H Holdings, 316 Neb. 197 (Neb. 2024).
· cites it 9× “[S&H and RIP’s] claims would com- pletely remove the protection in §52-137 given contrac- tors and would negate the rationale behind such statute[,] which authorizes a lien claimant who had not filed prior to the originally stated termination date, to record its lien during the…”
Artisan Pools, Inc. v. Siemer (Neb. Ct. App. 2026).
· cites it 5× “(a) Filing Timeframe Section 52-137(1) provides, in relevant part: “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…”
Richard N. Berkshire (Bankr. D. Neb. 2026).
· cites it 2× “Neb. Rev. Stat. § 52-137 (2). Attachment is a priority concept.”
In re MBA Poultry, L.L.C., 251 B.R. 78 (Bankr. D. Neb. 2000).
· cites it 4× “§ 52-137 (Michie 1995), regarding recording and attachment of construction liens, and NEB.”
Dapec v. Sba (8th Cir. 2002).
“" Neb. Rev. Stat. § 52-137 (2). Dapec argues that since section 52-137(2) relates its lien -7- back to June 17, 1998, when the notice of commencement was recorded, it also imputes knowledge of the lien to the Money Store as of that date.”
— Neb. Rev. Stat. § 52-137(1) — 3 cases
Preston Refrigeration v. Omaha Cold Storage, 742 N.W.2d 782 (Neb. Ct. App. 2007).
“Section 52-137(1) provides: "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…”
Artisan Pools, Inc. v. Siemer (Neb. Ct. App. 2026).
“(a) Filing Timeframe Section 52-137(1) provides, in relevant part: “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…”
Nore Elec. v. S & H Holdings, 316 Neb. 197 (Neb. 2024).
“[S&H and RIP’s] claims would com- pletely remove the protection in §52-137 given contrac- tors and would negate the rationale behind such statute[,] which authorizes a lien claimant who had not filed prior to the originally stated termination date, to record its lien during the…”
— Neb. Rev. Stat. § 52-137(2) — 3 cases
Borrenpohl v. DaBeers Props., LLC, 755 N.W.2d 39 (Neb. 2008).
“, §§ 52-137 and 52-139, none of these priority-related provisions directly support Borrenpohl and Bartels' argument that the date and time stamp on the notice of commencement controls lien priority.”
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. § 52-137(3) — 1 case
Nore Elec. v. S & H Holdings, 316 Neb. 197 (Neb. 2024).
“[S&H and RIP’s] claims would com- pletely remove the protection in §52-137 given contrac- tors and would negate the rationale behind such statute[,] which authorizes a lien claimant who had not filed prior to the originally stated termination date, to record its lien during the…”
— Neb. Rev. Stat. § 52-137(3)(b) — 1 case
Nore Elec. v. S & H Holdings, 316 Neb. 197 (Neb. 2024).
“[S&H and RIP’s] claims would com- pletely remove the protection in §52-137 given contrac- tors and would negate the rationale behind such statute[,] which authorizes a lien claimant who had not filed prior to the originally stated termination date, to record its lien during the…”
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