Nebraska Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Nebraska liens are filed and enforced
A Nebraska mechanics lien is filed with the Register of Deeds in the county where the project sits — 4 months from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Nebraska claimants lose rights far more often by missing the second one than the first.
Nebraska deadlines by claimant role
For general contractors: Record the lien — 120 days from last furnishing (Neb. Rev. Stat. § 52-137). For subcontractors and suppliers: Record the lien — 120 days from last furnishing (Neb. Rev. Stat. § 52-137); file suit — 2 years from lien recorded (Neb. Rev. Stat. § 52-141); bond notice — 120 days from last furnishing (Neb. Rev. Stat. § 52-118); file suit — 1 years from last furnishing (Neb. Rev. Stat. § 52-120); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)); file suit miller act — 1 years from last furnishing (40 U.S.C. § 3133(b)(1)). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Nebraska
File mechanic's lien within 120 days of last furnishing of labor or materials. No preliminary notice required. File mechanic's lien within 120 days of last furnishing. File suit to enforce lien within 2 years of recording. Written notice within 120 days of last furnishing on public works projects. File suit on payment bond within 1 year of last furnishing. Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year. Public: prime must pay sub within 30 days of receiving payment. Interest at 14.5%/year on late public payments.
How Nebraska notices must be served
Nebraska does not impose a preliminary notice on most claimants (N/A), but the notices it does require are strict on method. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested. Service runs to the Prime Contractor and Surety. Keep the proof of service in the project file — Nebraska disputes over whether a notice was properly served are decided on that documentation.
Public projects in Nebraska
No lien attaches to public property in Nebraska. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 120 days of last furnishing, served on the Prime Contractor and Surety (Neb. Rev. Stat. § 52-118). 5 public-project deadlines are tracked for Nebraska.
Nebraska statute citations
The Nebraska deadlines above come from Neb. Rev. Stat. § 52-137, Neb. Rev. Stat. § 52-141, Neb. Rev. Stat. § 52-118, Neb. Rev. Stat. § 52-120, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), Neb. Rev. Stat. § 81-2402. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Nebraska construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Nebraska?
4 months — From last date of furnishing. The filing goes to the Register of Deeds in the project's county. See Neb. Rev. Stat. § 52-137. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Nebraska?
With the Register of Deeds in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Nebraska require a preliminary notice?
Not for most claimants (N/A). Sub-tier claimants should still document first furnishing, because Nebraska's filing and enforcement windows are applied strictly.
How long do you have to enforce a Nebraska mechanics lien?
2 years — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Nebraska?
Retainage released within 30 days of substantial completion. 10% maximum retainage. (Neb. Rev. Stat. § 52-118).