reglab/housing_qa huggingface dataset:
NE Code § 52-134 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-134 - Lien for materials; conditions; limitations.

52-134.  Lien for materials; conditions; limitations.(1) A lien for furnishing materials arises only if:(a) They are supplied with the intent, shown by the contract of sale, the delivery order, delivery to the site by the claimant or at his or her direction, or by other evidence, that they be used in the course of construction of, or incorporated into, the improvement in connection with which the lien arises; and(b) They are either:(i) Incorporated in the improvement or consumed as normal wastage in construction operations;(ii) Specially fabricated for incorporation in the improvements and not readily resalable in the ordinary course of the fabricator's business even though not actually incorporated in the improvement;(iii) Used for the construction or for the operation of machinery or equipment used in the course of construction and not remaining in the improvement, subject to diminution by the salvage value of those materials; or(iv) Tools, appliances, or machinery used on the particular improvement, but a lien for supplying tools, appliances, or machinery used on the improvement is limited as provided by subsection (3) of this section.(2) The delivery of materials to the site of the improvement, whether or not by the claimant, creates a presumption that they were used in the course of construction or were incorporated into the improvement.(3) A lien arising for the supplying of tools, appliances, or machinery under subdivision (1)(b)(iv) of this section is limited as follows:(a) If they are rented, the lien is for the reasonable rental value for the period of actual use and any reasonable periods of nonuse taken into account in the rental contract; and(b) If they are purchased, the lien is for the price but arises only if they were purchased for use in the course of the particular improvement and have no substantial value to the purchaser after the completion of the improvement on which they were used.Source  Laws 1981, LB 512, § 10. Annotations  Subsection (3)(a) of this section requires that the reasonable rental value of equipment be determined in setting the amount of a lien, regardless of the monetary amount by which the value of the real estate is actually increased by the use of the rented equipment. Midlands Rental & Mach., Inc. v. Christensen Ltd., 252 Neb. 806, 566 N.W.2d 115 (1997). Testimony of a witness with personal knowledge is sufficient evidence to demonstrate that items listed on a construction lien were actually used. Mid-America Maintenance v. Bill Morris Ford, 232 Neb. 920, 442 N.W.2d 869 (1989).
NE Code § 52-137 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-137 - Attachment and enforcement of lien; recording required; time limitation; attachment, when.

52-137.  Attachment and enforcement of lien; recording required; time limitation; attachment, when.(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.Source  Laws 1981, LB 512, § 13. Annotations The prime purpose of a notice of commencement is to eliminate as a controvertible question of fact the time of visible commencement of operations by providing a method to determine this time with certainty. Borrenpohl v. DaBeers Properties, 276 Neb. 426, 755 N.W.2d 39 (2008).
NE Code § 52-138 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-138 - Priority among lien claimants.

52-138.  Priority among lien claimants.(1) All liens attaching at the same time have equal priority and share the amount received upon foreclosure of the liens and available for distribution to construction lien claimants in the same ratio as the ratio of the particular lien bears to the total of all liens attaching at the same time.(2) Except as provided by subsection (3) of this section, liens attaching at different times have priority in the order of attachment.(3) A claimant who records a notice of commencement after he or she has recorded a lien has only equal priority with claimants who record a lien while the notice of commencement is effective. Any priority which the claimant gained over third parties by recording his or her notice of lien is preserved for the benefit of all claimants having equal priority under this subsection.Source  Laws 1981, LB 512, § 14.
NE Code § 52-139 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-139 - Priority of construction liens as against claims other than construction lien claims.

52-139.  Priority of construction liens as against claims other than construction lien claims.(1) Except as provided in this section, a construction lien has priority over adverse claims against the real estate as if the construction-lien claimant were a purchaser for value without knowledge who had recorded at the time his or her lien attached.(2) Except as provided in subsection (3) of this section, a construction lien has priority over subsequent advances made under a prior recorded security interest if the subsequent advances are made with knowledge that the lien has attached.(3) Notwithstanding knowledge that the construction lien has attached, or the advance exceeds the maximum amount stated in the recorded security agreement and whether or not the advance is made pursuant to a commitment, a subsequent advance made under a security agreement recorded before the construction lien attached has priority over the lien if:(a) The subsequent advance is made under a construction security agreement and is made in payment of the price of the agreed improvements;(b) The subsequent advance is made or incurred for the reasonable protection of the security interest in the real estate, such as payment for real property taxes, hazard insurance premiums, or maintenance charges imposed under a condominium declaration or other covenant; or(c) The subsequent advance was applied to the payment of any lien or encumbrance which was prior to the construction lien.(4) To the extent that a subsequent security interest is given to secure funds used to pay a debt secured by a security interest having priority over a construction lien under this section, the subsequent security interest is also prior to the construction lien.(5) Even though notice of commencement has been recorded, a buyer who is a protected party takes free of all construction liens that are not of record at the time his or her title document is recorded.Source  Laws 1981, LB 512, § 15.
NE Code § 52-140 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-140 - Duration of lien; demand to institute judicial proceedings; continuation of lien during pendency of proceeding.

52-140.  Duration of lien; demand to institute judicial proceedings; continuation of lien during pendency of proceeding.(1) Except as provided in subsections (2) and (3) of this section, a lien that has become enforceable as provided in sections 52-125 to 52-159 continues enforceable for two years after recording of the lien.(2) Except as provided in subsection (3) of this section, if an owner, holder of a security interest, or other person having an interest in the real estate gives the claimant written demand to institute a judicial proceeding within thirty days, the lien lapses unless within thirty days after receipt of the written demand, the claimant institutes judicial proceedings or records an affidavit that the total contract price is not yet due under the contract for which he or she recorded the lien.(3) If a judicial proceeding to enforce a lien is instituted while a lien is effective under subsection (1) or (2) of this section, the lien continues during the pendency of the proceeding.Source  Laws 1981, LB 512, § 16.
NE Code § 52-141 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-141 - Surety bond; notice recorded; no lien attaches to real estate; bond, requirements; copy to claimant; action against surety.

52-141.  Surety bond; notice recorded; no lien attaches to real estate; bond, requirements; copy to claimant; action against surety.(1) A lien does not attach to the real estate on behalf of any claimant claiming through a particular prime contractor if the owner or the prime contractor has procured from a surety company authorized to do business in this state a bond meeting the requirements of this section and has recorded a notice of surety bond.(2) The bond must obligate the surety company, to the extent of the penal sum of the bond, to pay all sums due to construction lien claimants other than the prime contractor for services and materials supplied pursuant to the contract under which the lien would otherwise arise.(3) The penal sum of the bond shall be not less than:(a) Fifty percent of the contract price, if the prime contract price is not more than one million dollars;(b) Forty percent of the contract price, if the prime contract price is more than one million dollars and not more than five million dollars;(c) Two million, five hundred thousand dollars, if the prime contract price is more than five million dollars.(4) The person procuring the bond shall furnish on request a true copy at cost of reproduction to any claimant and is liable to the requesting claimant for any damages caused by failure, without justification, to furnish a copy.(5) A claimant may not recover under the bond provided for in this section unless he or she:(a) Institutes suit against the surety within one year after the completion of his or her performance or within any longer period of time permitted by the terms of the bond; and(b) If he or she is a claimant not having a direct contract relationship with the prime contractor, within ninety days after completion of his or her performance gives the prime contractor written notice of the amount due.(6) A claimant having a claim under the bond may proceed directly against the surety. A judicial proceeding on the bond may be maintained separately from and without bringing a judicial proceeding against the prime contractor and without complying with the notice and recording procedures of sections 52-125 to 52-159. In any judicial proceeding brought on the bond the court shall award to the prevailing party reasonable attorney's fees and court costs.(7) The obligation of a surety under this section is not affected by any change or modification of the contract between the prime contractor and the contracting owner, but the total liability of the surety may not exceed the penal sum of the bond.Source  Laws 1981, LB 512, § 17.
NE Code § 52-142 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-142 - Substitution of collateral; release of lien; procedure.

52-142.  Substitution of collateral; release of lien; procedure.(1) Any person having an interest in real estate may release the real estate from liens which have attached to it by:(a) Depositing in the office of the clerk of the district court of the county in which the lien is recorded a sum of money in cash, certified check, or other bank obligation, or a surety bond issued by a surety company authorized to do business in this state, in an amount sufficient to pay the total of the amounts claimed in the liens being released plus fifteen percent of such total; and(b) Recording, as provided in section 52-151, a certificate of the clerk of the district court showing that the deposit has been made.(2) The clerk of the district court has an obligation to accept the deposit and issue the certificate.(3) Upon release of the real estate from a lien under this section, the claimant's rights are transferred from the real estate to the deposit or surety bond and the claimant may establish his or her claim under sections 52-125 to 52-159, and upon determination of the claim the court shall order the clerk of the district court to pay the sums due or render judgment against the surety company on the bond, as the case may be.Source  Laws 1981, LB 512, § 18.
NE Code § 52-143 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-143 - Obligation of claimant to furnish information to other lien claimant; damages; applicability of section.

52-143.  Obligation of claimant to furnish information to other lien claimant; damages; applicability of section.(1) A prime contractor, on request, is obligated to furnish the following information within a reasonable time, not exceeding ten days, to any person entitled to claim a lien through him or her:(a) A description of the real estate being improved sufficient to identify it;(b) The name and address of the contracting owner with whom the prime contractor contracted; and(c) Whether there is a surety bond and, if so, the name of the surety.(2) At the request of any person who may claim a lien through him or her, any claimant other than a prime contractor must furnish, within a reasonable time not exceeding five days, the name of the person who contracted for the furnishing by the claimant of the materials or services in connection with which the lien claim may arise.(3) A person who fails to furnish information as required by this section is liable to the requesting party for actual damages or two hundred dollars as liquidated damages.(4) This section shall apply only when the real estate improvement contract is with a protected party.Source  Laws 1981, LB 512, § 19.
NE Code § 52-144 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-144 - Waiver of construction lien rights; what constitutes; validity; effect.

52-144.  Waiver of construction lien rights; what constitutes; validity; effect.(1) A written waiver of construction lien rights signed by a claimant requires no consideration and is valid and binding, whether signed before or after the materials or services were contracted for or furnished. Ambiguities in a written waiver are construed against the claimant.(2) A written waiver waives all construction lien rights of the claimant as to the improvement to which the waiver relates unless the waiver is specifically limited to a particular lien right or a particular portion of the services or materials furnished.(3) A waiver of lien rights does not affect any contract rights of the claimant otherwise existing.(4) Acceptance of a promissory note or other evidence of debt is not a waiver of lien rights unless the note or other instrument expressly so declares.Source  Laws 1981, LB 512, § 20.
NE Code § 52-146 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-146 - Termination of notice of commencement; procedure.

52-146.  Termination of notice of commencement; procedure.(1) A contracting owner may terminate a notice of commencement as to all or any identified portion of the real estate subject to the notice of commencement by:(a) Recording a notice of termination denominated termination of notice of commencement and containing:(i) The information required by subdivisions (1)(a) and (1)(b) of section 52-145 for a notice of commencement;(ii) A reference to the recorded notice of commencement by its record location and a statement of its date of recording;(iii) A statement of the date as of which the notice of commencement is terminated which date may not be earlier than thirty days after the notice of termination is recorded; and(iv) If the notice of termination is to apply only to a portion of the real estate subject to the notice of commencement, a statement of that fact and a description of the portion of the real estate to which the notice of termination applies;(b) Sending, at least three weeks before the effective date of the notice of termination, a copy of the notice of termination, showing the date it was recorded, to all claimants who have requested that the owner notify them of the recording of a notice of termination;(c) Publishing a notice of the recording of the notice of termination, which notice must comply with the provisions of subsection (2) of this section and be published at least once a week for three consecutive weeks in a newspaper having general circulation in the county where the recording occurs, the last publication of which must be at least five days before the stated termination date; and(d) Recording an affidavit stating that notice of the recorded notice of termination has been sent to all claimants who have requested notice and that publication has been made. The affidavit must state the newspaper and dates of publication and include a copy of the published notice.(2) The published notice of the recording of the notice of termination must contain the information required for the notice of termination under subsection (1) of this section, a statement of the date on which the notice of termination was recorded, and a statement that all lien claims for which a notice of lien is not recorded by the termination date may be defeated by a transfer of the real estate.(3) A purchaser, judgment creditor, or other person having a lien against the real estate may rely on the affidavit without obligation to inquire as to its accuracy, and is not prejudiced by its inaccuracy.Source  Laws 1981, LB 512, § 22.
NE Code § 52-147 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-147 - Lien recording; contents.

52-147.  Lien recording; contents.(1) A claimant may record a lien which shall be signed by the claimant and state:(a) The real estate subject to the lien, with a description thereof sufficient for identification;(b) The name of the person against whose interest in the real estate a lien is claimed;(c) The name and address of the claimant;(d) The name and address of the person with whom the claimant contracted;(e) A general description of the services performed or to be performed or materials furnished or to be furnished for the improvement and the contract price thereof;(f) The amount unpaid, whether or not due, to the claimant for the services or materials or if no amount is fixed by the contract a good faith estimate of the amount designated as an estimate; and(g) The time the last services or materials were furnished or if that time has not yet occurred, an estimate of the time.(2) The name given in the lien in accordance with the requirement of subdivision (1)(b) of this section may be the name of the contracting owner or the name of the record holder of the contracting owner's interest at the time of recording the lien.Source  Laws 1981, LB 512, § 23.
NE Code § 52-148 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-148 - Amendment of recorded lien.

52-148.  Amendment of recorded lien.(1) A recorded lien may be amended by an additional recording at any time during the period allowed for recording the original lien. An amendment adding real estate or increasing the amount of lien claimed is effective as to the additional real estate or increased amount only from the time the amendment is recorded.(2) A recorded lien may be amended after the period allowed for recording the original lien for the purpose of:(a) Reducing the amount of the lien;(b) Reducing the real estate against which the lien is claimed; or(c) Making an apportionment of the lien among lots of a platted subdivision of record.(3) An amendment shall state the record location and date of recording of the notice of lien being amended and shall state the respects in which it is being amended.Source  Laws 1981, LB 512, § 24.
NE Code § 52-149 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-149 - Assignment of lien rights; recording; effect.

52-149.  Assignment of lien rights; recording; effect.(1) A claimant having a recorded lien, or his or her assignee, may record an assignment signed by the claimant which sets forth the name of the claimant, the name and address of the assignee, the person against whom the lien is claimed, the real estate affected with a description thereof sufficient for identification, and the record location and date of the recording of the notice of lien.(2) Even though an assignment has been recorded, an owner may continue to deal with the original claimant as to the claim until the owner receives notice of the assignment and a direction that no arrangements or payments may be made without the assignee's consent. If requested by the owner, the assignee must furnish reasonable proof that an assignment has been made and unless he or she does so, the owner may pay the assignor.(3) Unless a statement of assignment is recorded, the assignee need not be a party to any judicial proceeding to foreclose a security interest, lien, or other encumbrance.(4) The failure to record an assignment does not otherwise affect its validity.Source  Laws 1981, LB 512, § 25.
NE Code § 52-150 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-150 - Notice of surety bond; recording; contents.

52-150.  Notice of surety bond; recording; contents.(1) If a prime contractor or owner has secured a surety bond a notice of surety bond may be recorded.(2) The notice shall be signed by the contractor or owner and by the surety company and state:(a) The real estate being improved with a description thereof sufficient for identification;(b) The names and addresses of the owner and the prime contractor;(c) The name and address of the surety company and the name and address of a person on whom service of process may be made;(d) The total sum of the bond and that the bond meets the requirements of section 52-141; and(e) That the bond is for the purpose of relieving the real estate from construction liens arising under the contract between the named prime contractor and contracting owner.Source  Laws 1981, LB 512, § 26.