reglab/housing_qa huggingface dataset:
NE Code § 52-116 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-116 - Railroad and similar construction; lien for labor or material; to what attaches.

52-116.  Railroad and similar construction; lien for labor or material; to what attaches.When material shall have been furnished, or labor performed in the construction, repair, and equipment of any railroad, canal, bridge, viaduct or other similar improvement, such laborer and materialman, contractor, or subcontractor, shall have a lien therefor, and such lien therefor shall extend and attach to the erections, excavations, embankments, bridges, roadbed, and all land upon which the same may be situated, including the rolling stock thereto appertaining and belonging, all of which, including the right-of-way, shall constitute the excavation, erection or improvement provided for and mentioned in sections 52-115 to 52-117.Source   Laws 1881, c. 60, § 2, p. 268;   R.S.1913, § 3838;   C.S.1922, § 3222;   C.S.1929, § 52-116;   R.S.1943, § 52-116. Annotations  Description of railroad right-of-way as being between certain streets in a specified city was sufficient. Owen v. Chicago, B. & Q. Ry. Co., 86 Neb. 851, 126 N.W. 658 (1910). Mortgage, given prior to construction, mortgagees being promoters, is subject to liens. Waiver of lien is not inferred from taking collateral security. Kilpatrick v. Kansas City & B. R. Co., 38 Neb. 620, 57 N.W. 664 (1894).
NE Code § 52-117 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-117 - Railroad and similar construction; lien for labor or material; statement of claim; filing; time limit; duration.

52-117.  Railroad and similar construction; lien for labor or material; statement of claim; filing; time limit; duration.Every person, whether contractor or subcontractor or materialman, who wishes to avail himself of the provisions of section 52-116 shall file with the register of deeds of the county in which the building, erection, excavation or other similar improvement to be charged with the lien, is situated, a just and true statement or account of the demand due him after allowing all credits, setting forth the time when such material was furnished or labor performed, and when completed, containing a correct description of the property to be charged with the lien and verified by affidavit. Such verified statement or account must be filed by a principal contractor within ninety days, and by a subcontractor within sixty days from the date on which the last of the material shall have been furnished, or the last of the labor is performed; but a failure or omission to file the same within the periods last aforesaid shall not defeat the lien, except against purchasers or encumbrancers in good faith without notice, whose rights accrued after the sixty or ninety days, as the case may be, and before any claim for the lien was filed; Provided, when a lien is claimed upon a railway, the subcontractor shall have sixty days from the last day of the month in which such labor was done or material furnished within which to file his claim therefor. Such lien shall continue for the period of two years, and any person holding such lien may proceed to obtain a judgment for the amount of his account thereon by civil action. When any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit or suits are finally determined and satisfied.Source   Laws 1881, c. 60, § 3, p. 268;   R.S.1913, § 3839;   C.S.1922, § 3223;   C.S.1929, § 52-117;   R.S.1943, § 52-117;   Laws 1961, c. 257, § 3, p. 753.  Annotations In case of lien of subcontractor, claim must have been filed within sixty days. McPhee v. Kay, 30 Neb. 62, 46 N.W. 223 (1890).
NE Code § 52-118.01 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-118.01 - Public building construction; bond; claim for unpaid labor or material; action; procedure.

52-118.01.  Public building construction; bond; claim for unpaid labor or material; action; procedure.Every person who has furnished labor or material in the prosecution of the work provided for in the contract set out in subsection (1) of section 52-118, in respect of which a bond is or bonds are furnished under such section, and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or her or material was furnished or supplied by him or her for which such claim is made shall have the right to sue on such bond or bonds for the amount or the balance thereof unpaid at the time of the institution of such suit and to prosecute the action to final execution and judgment for the sum or sums justly due him or her. Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such bond or bonds shall have a right of action upon the bond or bonds upon giving written notice to the contractor within four months from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place he or she maintains an office or conducts his or her business or his or her residence or in any other manner in which a notice may be served.Source   Laws 1955, c. 199, § 2, p. 566;   Laws 1990, LB 257, § 2;  Laws 2001, LB 420, § 33. Annotations  Under the facts of the case, evidence of a contractual relationship existed to create an exemption from the notice requirements of this section. Gerhold Concrete Co. v. St. Paul Fire & Marine Ins., 269 Neb. 692, 695 N.W.2d 665 (2005). Proviso in this section limits the right to bring suit on bond required by section 52-118 to those materialmen, laborers, and subcontractors who deal directly with the prime contractor and those materialmen, laborers, and subcontractors who, lacking express or implied contractual relationship with the prime contractor, have direct contractual relationship with a subcontractor and who give the statutory notice of their claims to the prime contractor. McElhose v. Universal Surety Co., 182 Neb. 847, 158 N.W.2d 228 (1968). Right of action on construction bond in favor of materialmen is provided. Westinghouse Electric Supply Co. v. Brookley, 176 Neb. 807, 127 N.W.2d 465 (1964).
NE Code § 52-118.02 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-118.02 - Public building construction; bond; action; limitation; person to bring suit; rental equipment, defined.

52-118.02.  Public building construction; bond; action; limitation; person to bring suit; rental equipment, defined.Every suit instituted under section 52-118.01 shall be brought by any person entitled to the benefit of this action, but no such suit shall be commenced after the expiration of one year after the date of final settlement of the principal contract. The action shall be in the name of the party claiming the benefits of this action.For the purposes of subsection (1) of section 52-118, equipment which is rented for a project covered by such subsection under a lease with an option to purchase shall be considered to be equipment rented under a straight lease agreement not to exceed the reasonable rental value of the equipment during the period such equipment is actually used on such project and unless and until the option to purchase is validly exercised under the contract.Source   Laws 1955, c. 199, § 3, p. 567;   Laws 1969, c. 435, § 1, p. 1462;   Laws 1990, LB 257, § 3.  Annotations  Final settlement under public building contract is a determination made and recorded in accordance with established administrative practice by the officer or department in charge that the contract has been completed and final payment is due. Zimmerman's Electric, Inc. v. Fidelity & Deposit Co., 194 Neb. 248, 231 N.W.2d 342 (1975). Final settlement was made with respect to amount due following completion of the project which was accepted by the owner and action was barred one year thereafter. Boyd v. Benkelman Public Housing Authority, 188 Neb. 69, 195 N.W.2d 230 (1972). Action on bond must be brought within one year after date of final settlement on principal contract. Westinghouse Electric Supply Co. v. Brookley, 176 Neb. 807, 127 N.W.2d 465 (1964).
NE Code § 52-123 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-123 - Failure to apply payments received on lawful claims; unlawful; failure to discharge lien; prima facie evidence of intent to deprive or defraud.

52-123.  Failure to apply payments received on lawful claims; unlawful; failure to discharge lien; prima facie evidence of intent to deprive or defraud.It shall be unlawful for any person, firm, or corporation who has taken a contract for the erection, improvement, repair, or removal of any house, mill, manufactory, or building of any kind for another, and has received payment in whole or in part upon such contract, to fail to apply the money so received, or so much thereof as may be necessary for that purpose, in payment of the lawful claims of such laborers or materialmen as could otherwise have a right to file a laborers' or materialmen's lien against such house or other structure, with the intent thereby to deprive or defraud the owner or person so paying the person, firm or corporation receiving payment, of his funds without discharging the liens, unless such person, firm, or corporation, taking such contract, shall have received and delivered to the owner of the property the written waiver of lien from all persons who otherwise would have a right to file a lien thereon. In any prosecution under sections 52-123 and 52-124 of the person, firm, or corporation so receiving payment, when it shall be shown in evidence that any lien for labor or materials existed in favor of any laborer or materialman and that such lien has been filed within the time and at the place as provided by law for the filing of such liens and that such person, firm, or corporation charged has received payment without discharging the lien to the extent of the funds received by him, the fact of acceptance of such payment without having discharged the lien within ten days after receipt of such payment shall be prima facie evidence of intent to deprive or defraud on the part of the person, firm, or corporation so receiving payment.Source  Laws 1969, c. 432, § 1, p. 1455. Annotations  In this section the words "with the intent thereby to deprive or defraud," should be read as though it read "with the fraudulent intent thereby to deprive". State v. McConnell, 201 Neb. 84, 266 N.W.2d 219 (1978). This section does not make the general contractor an agent or trustee for laborers or materialmen in receiving payments from the property owners, nor does it make the amounts so received a trust fund. State v. McConnell, 201 Neb. 84, 266 N.W.2d 219 (1978). No express trust arises by operation of this statute and, therefore, 11 U.S.C. 35(a)(14), which prescribes release of debt created by fraud of bankrupt when acting in a fiduciary capacity, does not apply to bankrupt contractor who failed to meet requirements of section 52-123. Matter of Dloogoff, 600 F.2d 166 (8th Cir. 1979).
NE Code § 52-124 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-124 - Failure to apply payments for lawful claims; failure to discharge lien; penalty.

52-124.  Failure to apply payments for lawful claims; failure to discharge lien; penalty.Any person, firm, or corporation, the members of any firm, or the officers of any corporation, violating the provisions of section 52-123 shall be guilty of a Class II misdemeanor.Source   Laws 1969, c. 432, § 2, p. 1456;   Laws 1977, LB 40, § 308.
NE Code § 52-125 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-125 - Act, how cited.

52-125.  Act, how cited.Sections 52-125 to 52-159 shall be known and may be cited as the Nebraska Construction Lien Act.Source  Laws 1981, LB 512, § 1. Annotations Trustees of a health, welfare, and pension fund may assert a construction lien on behalf of union employees against the property owner. Omaha Constr. Indus. Pension Plan v. Children's Hosp., 11 Neb. App. 35, 642 N.W.2d 849 (2002).
NE Code § 52-126 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-126 - Sections, purpose.

52-126.  Sections, purpose.Sections 52-125 to 52-159 creates, and provides for the attachment and enforceability of, a lien against real estate in favor of a person furnishing services or materials under a real estate improvement contract. Except as provided in sections 52-125 to 52-159, no nonconsensual lien arises against real estate by reason of improvements made thereon.Source  Laws 1981, LB 512, § 2. Annotations The Nebraska Construction Lien Act does not take away a construction lienholder's common-law right to sue for breach of contract. Tilt-Up Concrete, Inc. v. Star City/Federal, Inc., 261 Neb. 64, 621 N.W.2d 502 (2001).
NE Code § 52-128 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-128 - Contracting owner; presumption of agency.

52-128.  Contracting owner; presumption of agency.For the purpose of determining whether an owner is a contracting owner, agency is presumed, in the absence of clear and convincing evidence to the contrary, between employer and employee, between spouses, between joint tenants, and among tenants in common.Source  Laws 1981, LB 512, § 4.
NE Code § 52-129 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-129 - Protected party, residential real estate, defined.

52-129.  Protected party, residential real estate, defined.(1) Protected party shall mean:(a) An individual who contracts to give a real estate security interest in, or to buy or to have improved, residential real estate all or a part of which he or she occupies or intends to occupy as a residence;(b) A person obligated primarily or secondarily on a contract to buy or have improved residential real estate or on an obligation secured by residential real estate if, at the time he or she becomes obligated, he or she is related to an individual who occupies or intends to occupy all or a part of the real estate as a residence; or(c) With respect to a security agreement, a person who acquires residential real estate and assumes or takes subject to the obligation of a prior protected party under the real estate security agreement.(2) Residential real estate shall mean, in relation to a protected party, real estate, improved or to be improved, containing not more than four dwelling units and no nonresidential uses for which the protected party is a lessor. A condominium unit that is otherwise residential real estate remains so even though the condominium development contains more than four dwelling units or units used for nonresidential purposes.Source  Laws 1981, LB 512, § 5. Annotations One must intend to occupy the real estate as a residence to be considered a protected party. Midlands Rental & Mach., Inc. v. Christensen Ltd., 252 Neb. 806, 566 N.W.2d 115 (1997).
NE Code § 52-130 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-130 - Real estate improvement contract, defined.

52-130.  Real estate improvement contract, defined.(1) Except as provided in subsection (2) of this section, real estate improvement contract shall mean an agreement to perform services, including labor, or to furnish materials for the purpose of producing a change in the physical condition of land or of a structure including:(a) Alteration of the surface by excavation, fill, change in grade, or change in a shore, bank, or flood plain of a stream, swamp, or body of water;(b) Construction or installation on, above, or below the surface of land;(c) Demolition, repair, remodeling, or removal of a structure previously constructed or installed;(d) Seeding, sodding, or other landscaping operation;(e) Surface or subsurface testing, boring, or analyzing; and(f) Preparation of plans, surveys, or architectural or engineering plans or drawings for any change in the physical condition of land or structures whether or not used incident to producing a change in physical condition of the real estate.(2) A contract for the mining or removal of timber, minerals, gravel, soil, sod, or things growing on land, or other similar contracts in which the activity is primarily for the purpose of realizing upon the disposal or removal of the objects removed, or a contract for the planting, cultivation, or harvesting of crops or for the preparation of the soil for planting of crops, is not a real estate improvement contract.Source  Laws 1981, LB 512, § 6. Annotations General cleanup activities in preparation for sale of property are inconsistent with the property changes contemplated and required by this section for a valid construction lien. Taylor v. Taylor, 277 Neb. 617, 764 N.W.2d 101 (2009).
NE Code § 52-131 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-131 - Construction lien; existence; amount; priority; enforcement.

52-131.  Construction lien; existence; amount; priority; enforcement.(1) A person who furnishes services or materials pursuant to a real estate improvement contract has a construction lien, only to the extent provided in the Nebraska Construction Lien Act, to secure the payment of his or her contract price.(2) A lien arises under the act only if the claimant records a lien within the time specified by section 52-137.(3) Real estate to which a construction lien attaches is specified by section 52-133, and limitations on the existence of a lien for materials are specified by section 52-134.(4) The amount of a claimant's lien is specified by section 52-136. The content of the notice of the right to assert a lien to be given to the owner under section 52-136 is specified by section 52-135.(5) The priority of a claimant's lien as against other construction-lien claimants is specified in section 52-138, and priority as against claimants other than construction-lien claimants is specified in section 52-139.(6) Foreclosure of a lien under the act is governed by section 52-155, and the time within which an action to foreclose must be brought by section 52-140.Source   Laws 1981, LB 512, § 7;  Laws 2003, LB 655, § 5.  Annotations  A construction lien is not valid absent a contract between the parties. Mid-America Maintenance v. Bill Morris Ford, 232 Neb. 920, 442 N.W.2d 869 (1989). The Nebraska Construction Lien Act does not prevent employees of a subcontractor from filing a construction lien against the property owner. Omaha Constr. Indus. Pension Plan v. Children's Hosp., 11 Neb. App. 35, 642 N.W.2d 849 (2002). A construction lien is not valid absent a contract between the parties. Sorenson v. Dager, 8 Neb. App. 729, 601 N.W.2d 564 (1999).
NE Code § 52-132 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-132 - Public property; exempt from lien.

52-132.  Public property; exempt from lien.Notwithstanding the provisions on existence of a construction lien of section 52-131, no lien attaches under sections 52-125 to 52-159 to real estate owned by the state, a county, a municipality, or other governmental agency or political subdivision.Source  Laws 1981, LB 512, § 8.
NE Code § 52-133 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-133 - Real estate subject to construction lien.

52-133.  Real estate subject to construction lien.(1) If at the time a construction lien is recorded there is a recorded notice of commencement covering the improvement pursuant to which the lien arises, the lien is on the contracting owner's real estate described in the notice of commencement.(2) Except as provided in subsection (3) of this section, if at the time a construction lien is recorded there is no recorded notice of commencement covering the improvement pursuant to which the lien arises, the lien is on the contracting owner's real estate being improved or directly benefited.(3) If a claimant who recorded a lien while there was no recorded notice of commencement covering the real estate later records a notice of commencement, his or her lien is on the contracting owner's real estate described in the notice of commencement.(4) If as a part of an improvement on his or her real estate or for the purpose of directly benefiting his or her real estate an owner contracts for improvements on real estate not owned by him or her, persons who furnish services or materials in connection with that improvement have a lien against the contracting owner's real estate being improved or directly benefited to the same extent as if the improvement had been on the contracting owner's real estate.(5) If a recorded notice of commencement covers more than one lot in a platted subdivision of record, a claimant may apportion his or her lien to the various lots covered by the notice of commencement in any proportion he or she chooses and states in his or her recorded lien, including assigning all his or her lien to a particular lot.(6) If a recorded lien does not contain an apportionment as provided in subsection (5) of this section, the owner may make demand on the claimant to make an apportionment and, if the claimant does not, within thirty days after the demand, make an apportionment by recording an amendment of the recorded lien, the owner may make a good faith apportionment by recording an owner's statement of apportionment. Notwithstanding the fact that the owner did not in fact give the notice to apportion referred to in this subsection or for any other reason was not entitled to record a statement of apportionment, or did not make a good faith apportionment, the apportionment is conclusive in favor of persons acquiring interests in the real estate after the statement of apportionment is recorded.Source  Laws 1981, LB 512, § 9.