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

Neb. Rev. Stat. § 52-137 (2026)

Attachment and enforcement of lien; recording required; time limitation; attachment, when

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(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
Cited in 9 cases (3 in the last 5 years), 2000–2026 · leading case: Borrenpohl v. DaBeers Props., LLC, 755 N.W.2d 39 (Neb. 2008).
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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, 3 N.W.3d 895 (Neb. 2024). · cites it 9× “” S&H and RIP appeal and challenge the court’s conclusion that the contractors’ liens could have attached when S&H, as the contracting owner, was no longer the owner of the subject property when the liens otherwise would have attached under § 52-137(3)(b).”
Artisan Pools, Inc. v. Siemer, No. A-25-246 (Neb. Ct. App. May 12, 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, No. 25-80366 (Bankr. D. Neb. Mar. 31, 2026). · cites it 2× “But the trustee acting on behalf of the bankruptcy estate cannot recover damages under § 362(k). The section allows an individual to recover damages for willful violations of the stay.”
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.”
In re MBA Poultry, L.L.C., 261 B.R. 229 (D. Neb. 2001). · cites it 2× “See Neb. Rev.Stat.Ann. § 52-137(2) (Michie 1995).”
Dapec v. SBA, No. 01-2026 (8th Cir. May 30, 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, No. A-25-246 (Neb. Ct. App. May 12, 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, 3 N.W.3d 895 (Neb. 2024). “” S&H and RIP appeal and challenge the court’s conclusion that the contractors’ liens could have attached when S&H, as the contracting owner, was no longer the owner of the subject property when the liens otherwise would have attached under § 52-137(3)(b).”
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…”
In re MBA Poultry, L.L.C., 261 B.R. 229 (D. Neb. 2001). “See Neb. Rev.Stat.Ann. § 52-137(2) (Michie 1995).”
Neb. Rev. Stat. § 52-137(3): 1 case
Nore Elec. v. S & H Holdings, 3 N.W.3d 895 (Neb. 2024). “” S&H and RIP appeal and challenge the court’s conclusion that the contractors’ liens could have attached when S&H, as the contracting owner, was no longer the owner of the subject property when the liens otherwise would have attached under § 52-137(3)(b).”
Neb. Rev. Stat. § 52-137(3)(b): 1 case
Nore Elec. v. S & H Holdings, 3 N.W.3d 895 (Neb. 2024). “” S&H and RIP appeal and challenge the court’s conclusion that the contractors’ liens could have attached when S&H, as the contracting owner, was no longer the owner of the subject property when the liens otherwise would have attached under § 52-137(3)(b).”
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