Nebraska
Mechanics Lien & Notice FAQs

It’s easy to file Nebraska mechanics liens with zlien, the web’s leading all-in-one mechanics lien compliance manager and security platform. Plus, the zlien platform can help you prepare and file mechanics lien cancellations, preliminary notices, and more. To learn more about Nebraska’s mechanics lien law, read the information below.

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Nebraska

Preliminary Notice Deadlines
None.

Nebraska

Mechanics Liens Deadlines
120 Days
Lien must be filed within 120 days of last providing labor or materials. Action to enforce due within 2 years from lien's filing. File your Nebraska lien online now.

Nebraska

Preliminary Notice Deadlines
None.

Nebraska

Mechanics Liens Deadlines
120 Days
Lien must be filed within 120 days of last providing labor or materials. Action to enforce due within 2 years from lien's filing. File your Nebraska lien online now.

Nebraska

Preliminary Notice Deadlines
None.

Nebraska

Mechanics Liens Deadlines
120 Days
Lien must be filed within 120 days of last providing labor or materials. Action to enforce due within 2 years from lien's filing. File your Nebraska lien online now.

Calculate your deadline with the Payment Rights Advisor >

5 Things to Know About Nebraska Mechanics Liens

1) All Participants are Eligible Except Suppliers to Suppliers or Suppliers to Parties Lower than 1st-Tier Subcontractors.

In Nebraska, the only project participants who do not have mechanics lien rights are suppliers to suppliers or suppliers to parties lower than 1st-tier subcontractors. This means that prime contractors, subcontractors, laborers, suppliers, landscapers, architects, surveyors, and designers generally have lien rights. In some cases, even if a project hasn’t been started yet, architects and design professionals can still claim lien rights.

2) There Is a Firm Deadline to File a Nebraska Mechanics Lien for All Project Participants

The deadline to file a mechanics lien in Nebraska is 120 days from the last day that a project participant provided services or materials on a project.

3) Preliminary Notice Not Usually Required, But Notice of Recording Is Mandatory

Generally, preliminary notice is not required in the state of Nebraska. It may be required if the property owner is considered a “protected party.” An owner is considered protected if they own:

 – a residential owner-occupied single-family property (1-4 units)

 – vacant land intended to be improved and used as a residence

 – an owner of a condominium unit

In order to attain payment in these circumstances, a project participant may send a Notice of Intent to Lien.

While preliminary notice is generally not required, once a participant files a mechanics lien in Nebraska a stamped copy, filed and recorded at the register’s office of deeds, must be sent to the property owner within 10 days of recording the lien. It’s preferable to do so by priority mail for proof of completion.

4) Fees Are Not Usually Included in Nebraska Mechanics Liens

In Nebraska, attorney’s fees, collection costs, and other amounts are not usually included in a mechanics lien. However, indirect or consequential damages (overhead, delay damages, lost profit, etc.) may be allowed to a general contractor in Nebraska if the lien claimant suffering the damages substantially completed the contract. This means that no consequential or indirect damages are allowed in the event that the lien claimant is terminated prior to completion of the contract.

5) Typically a Nebraska Mechanics Lien Is Effective for 2 Years

An action to enforce a Nebraska mechanics lien must be initiated by the project participant within 2 years after filing the lien. If the property owner or other interested party demands initiation, the deadline will be changed to 30 days from receipt of a written request for action.


A Notice of Intent to Lien can be enough to push for Payment in Nebraska

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Nebraska Frequently Asked Questions

Nebraska Mechanics Lien FAQ

In Nebraska, prime contractors, subcontractors, laborers, suppliers, landscapers, architects, surveyors, and designers generally have lien rights. It is not required for actual physical commencement of the project for architects, and presumably, design professionals, to claim a mechanics lien.

Suppliers to suppliers and suppliers to parties lower than 1st tier subcontractors do not have lien rights in Nebraska.

In Nebraska, a mechanics lien must be filed within 120 days from the date of last furnishing labor and materials to the project.

Yes. Nebraska requires that a stamped copy of the mechanics lien recorded with the register of deeds must be sent to the property owner within 10 days of recording the lien. It is a requirement that the copy sent to the property owner must be stamped by the Register of Deeds. While the statute only states that the copy must be “sent” to the property owner, it may be worth it to send the copy by certified mail – for proof that the requirement was complied with.

It depends. Nebraska does not allow attorney’s fees, interest, finance charges, or other charges that do not reflect the work incorporated into the project to be included in the lien claim amount.

However, a general contractor may be allowed indirect or consequential damages (overhead, delay damages, lost profit, etc.) in Nebraska if the lien claimant suffering the damages substantially completed the contract. If the lien claimant is terminated prior to substantial completion of the contract, these items of damage are not recoverable.

In Nebraska, an action to enforce a mechanics lien must be initiated within 2 years after filing the lien. However, if the property owner (or other interested party) gives a demand to initiate suit, the lien claimant must do so within 30 days from receipt of the written demand – or record an affidavit stating that the total contract price has not yet become due.

It depends. The priority of mechanics liens in Nebraska is determined by the attachment of the mechanics lien. However, the rules regarding the date on which the lien attached to the property are complex. Basically, if a valid non-lapsed Notice of Commencement is filed, a subsequently filed mechanics lien attaches on the date of the filing of the Notice of Commencement. If there is no valid Notice of Commencement filed, the mechanics lien attaches at the earlier of either the recording of the lien or the visible commencement of the improvement. However, there are complexities not covered by that brief description.

As to other encumbrances on the property, mechanics lien priority is treated similarly to a good faith purchaser for value. If the attachment of the mechanics lien was determined by the visible commencement of work, the mechanics lien may have priority even if it was recorded after the other encumbrance. If the recording date of the mechanics lien or the Notice of Commencement determines the attachment, the mechanics lien claimant is treated as if they had notice of the prior encumbrance, and does not have priority.

As against competing mechanics liens, the date of attachment determines priority – if the liens have the same date of attachment, they will share pro-rata in the distribution of funds from a foreclosure sale.

Yes. A mechanics lien in Nebraska must be notarized to be valid.

Nebraska does not impose any licensing requirements specifically related to a lien claimant’s ability to claim a mechanics lien. However, if a party is required to be licensed to perform the work he performs, it is unadvisable to not be licensed.

Yes, a mechanics lien may be filed against a project involving a condominium, provided the lien claimant would otherwise have valid mechanics lien rights.

Nebraska does not specifically provide who must undertake the cancellation of the lien if/when the lien claimant gets paid. However, generally, a payment after a mechanics lien is filed is in consideration of the lien claimant cancelling or reducing the lien amount.

Nebraska does not have statutory lien waiver forms; therefore, you can use any lien waiver form. Since lien waivers are unregulated, be careful when reviewing and signing lien waivers.

Nebraska state law allows contractors and suppliers to waive their lien rights at any time. Therefore, contractors and suppliers are technically legally allowed to waive their lien rights even within their contract before starting to do any work.

To learn more about lien waivers, see our Nebraska Lien Waiver FAQs and Resources.

Nebraska Preliminary Notice FAQs

It may depend, but generally no. Nebraska law is muddled on this point. Preliminary notice may be required if the owner of the property is a “protected party.” A protected party is an owner of residential property with less than 4 units, an owner of vacant land intended to be improved and used as a residence, or an owner of a condominium unit.

However, any party may send a notice of intent to lien the property to a property owner in an attempt to facilitate payment.

There is no set time limit. The notice may be served at any time after entering into a contract and prior to filing the mechanics lien.

There is no set time limit for sending the notice, so it cannot be late as long as it is given prior to filing the mechanics lien. And, as it is generally not required, there is generally no consequence to not sending the notice.

The preliminary notice must be “given” to the property owner. Sending by certified mail, return receipt requested, will provide evidence of delivery.

No. The preliminary notice only needs to be sent to the property owner.

In Nebraska, the notice is considered delivered when sent – if sent by certified mail, return receipt requested.