reglab/statecodes huggingface dataset:
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
Annotations
The function of the surety bond under this section is to release the property from the lien and to transfer the claimant's rights from the property to the surety bond. Echo Group v. Tradesmen Internat., 312 Neb. 729, 980 N.W.2d 869 (2022).
When a person releases real estate from a construction lien by depositing a surety bond, the Nebraska Construction Lien Act does not limit a party's recovery in an action to foreclose the lien to the amount of the surety bond. Echo Group v. Tradesmen Internat., 312 Neb. 729, 980 N.W.2d 869 (2022).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-151 - Substitution of collateral; certificate; recording; contents.

52-151.
Substitution of collateral; certificate; recording; contents.
(1) A person who has deposited money or a surety bond with the clerk of the district court in substitution of collateral as provided in section 52-142 may record a certificate of the clerk of the district court showing the deposit.
(2) The certificate, which shall be signed by the clerk of the district court, shall state the amount deposited, if money, or, if a surety bond, the amount of the bond and the name and address of the surety company.
(3) The certificate also shall state, on the basis of information supplied by the person making the deposit:
(a) The real estate being improved with a description thereof sufficient for identification;
(b) The name and address of the person in whose behalf the deposit was made;
(c) If a surety bond is deposited, the name and address of a person on whom service of process may be made; and
(d) The name of the claimants for whom the deposit is made, the amount of their claims, and the record location of their liens.
Source
Laws 1981, LB 512, § 27.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-152 - Demand to institute judicial proceedings; recording; claimant's statement; recording.

52-152.
Demand to institute judicial proceedings; recording; claimant's statement; recording.
(1) A person giving a demand to institute judicial proceedings to enforce a lien, after giving the demand, may record a copy of the demand in the office in which the lien was recorded. The demand must refer by record location to the recorded lien under which it was given, and state the date demand was given to institute judicial proceedings and the names of the owner and the claimant.
(2) A claimant who has received demand to institute judicial proceedings may record, in the office in which the lien was recorded, a statement that the total contract price is not yet due under the contract for which the lien was recorded. The statement must refer to the recorded lien by its record location and give the names of the owner and the claimant.
Source
Laws 1981, LB 512, § 28.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-153 - Owner's statement of apportionment of lien; recording; contents.

52-153.
Owner's statement of apportionment of lien; recording; contents.
An owner who is entitled to apportion a lien among lots of a platted subdivision of record may record a statement making the apportionment. The statement must refer to the record location of the lien being apportioned, state the name of the owner and the claimant, state the date on which the demand to apportion was made on the claimant and that he or she has not apportioned, and make the apportionment.
Source
Laws 1981, LB 512, § 29.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-154 - Discharge of lien; partial release; procedure.

52-154.
Discharge of lien; partial release; procedure.
(1) A lien provided by sections 52-125 to 52-159 may be discharged of record by:
(a) Recording a signed statement of the record claimant stating that the lien is released;
(b) Failing to record, within the time prescribed in the provisions on duration of lien under section 52-140, an affidavit that the total contract price is not yet due;
(c) Recording the original or certified copy of a final judgment or decree of a court of competent jurisdiction so providing; or
(d) Recording, as provided in section 52-151, a certificate of the clerk of the district court showing the deposit of substitute collateral.
(2) The lien claimant of record by partial release may reduce the amount of the lien claimed in the notice of lien or limit the notice of lien to a portion of the real estate described in the notice of commencement by recording an amendment to his or her lien showing the reduction in amount or limited portion of the real estate against which a lien is claimed.
(3) A statement under subdivision (1)(a) of this section or a judgment under subdivision (1)(c) of this section must refer by record location to the notice of lien to which it applies.
Source
Laws 1981, LB 512, § 30.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-155 - Proceeding to enforce lien.

52-155.
Proceeding to enforce lien.
(1) Except as otherwise provided in this section, the rules applicable to a civil action apply to a proceeding to foreclose liens under sections 52-125 to 52-159.
(2) In a proceeding to foreclose a lien, all claimants having recorded liens may join as plaintiffs and those who do not join as plaintiffs may be joined as defendants. Any person who records a lien or acquires an interest in real estate after the commencement of the foreclosure proceeding may be made a defendant before judgment.
(3) The court shall determine the amount due or owing to each claimant and direct foreclosure of the liens against the real estate. Foreclosure may be by any method available for foreclosure of security interests in real estate, or otherwise, as ordered by the court.
Source
Laws 1981, LB 512, § 31.
Annotations
This section does not limit foreclosure on a construction lien to the mortgage foreclosure statutes, but instead provides that the court may utilize any method available for foreclosure, including but not limited to the mortgage foreclosure statutes. Tilt-Up Concrete, Inc. v. Star City/Federal, Inc., 261 Neb. 64, 621 N.W.2d 502 (2001).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-156 - Recording of notice of termination before abandonment or completion; owner; liability.

52-156.
Recording of notice of termination before abandonment or completion; owner; liability.
(1) If a contracting owner records a notice of termination before abandonment or substantial completion of all the improvements covered by the notice of commencement being terminated, he or she is personally liable to any lien claimant to the extent that the claimant is unable to realize on a lien because the notice of termination was recorded before abandonment or substantial completion.
(2) A notice of termination is effective even though the owner, under subsection (1) of this section, may be personally liable to lien claimants by reason of his or her recording the notice of termination.
Source
Laws 1981, LB 512, § 32.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-157 - Remedies for wrongful conduct.

52-157.
Remedies for wrongful conduct.
(1) If a person is wrongfully deprived of benefits to which he or she is entitled under sections 52-125 to 52-159 by conduct other than that described in section 52-156:
(a) He or she is entitled to damages; and
(b) The court may make orders restraining the owner or other person, or ordering them to proceed on appropriate terms and conditions.
(2) If in bad faith a claimant records a lien, overstates the amount for which he or she is entitled to a lien, or refuses to execute a release of a lien, the court may:
(a) Declare his or her lien void; and
(b) Award damages to the owner or any other person injured thereby.
(3) Damages awarded under this section may include the costs of correcting the record and reasonable attorney's fees.
Source
Laws 1981, LB 512, § 33.
Annotations
This section authorizes attorney fees in circumstances involving the wrongful deprivation of benefits or bad faith, but it does not authorize such fees in every action involving foreclosure of a construction lien. Echo Group v. Tradesmen Internat., 312 Neb. 729, 980 N.W.2d 869 (2022).
To act with bad faith, one must know his or her lien is invalid or overstated or act with reckless disregard as to such facts. Chicago Lumber Co. of Omaha v. Selvera, 282 Neb. 12, 809 N.W.2d 469 (2011).
While this section states that damages awarded may include reasonable attorney fees, it does not mandate the award of such fees. Model Interiors v. 2566 Leavenworth, LLC, 19 Neb. App. 56, 809 N.W.2d 775 (2011).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-159 - Substitution of terms; Revisor of Statutes; duties.

52-159.
Substitution of terms; Revisor of Statutes; duties.
Whenever in the statutes of Nebraska, unless the context otherwise requires, the term mechanic's lien or words referring to such term occur they shall be taken to mean and apply to construction lien as used in sections 52-125 to 52-159. The Revisor of Statutes shall substitute the appropriate term or words in the statutes necessitated by this section.
Source
Laws 1981, LB 512, § 35.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-202 - Lien; perfection; financing statement; filing.

52-202.
Lien; perfection; financing statement; filing.
Any person who makes, alters, repairs, or in any way enhances the value of any vehicle, automobile, machinery, or farm implement or tool or shoes any horse or mule, at the request of or with the consent of the owner or owners thereof, has a lien upon such property, in cases when he or she has parted with the possession of such property, for his or her reasonable or agreed charges for the work performed or material furnished. A lien created under this section shall be perfected as provided in article 9, Uniform Commercial Code. Any financing statement filed to perfect such lien shall be filed within sixty days after performing such work or furnishing such material and shall contain or have attached thereto (1) the name and address and the social security number or federal tax identification number of the person claiming the lien, (2) the name and address and the social security number or federal tax identification number, if known, of the person for whom the work was performed or material furnished, (3) a description of the work performed or material furnished, (4) a description of the property upon which such work was performed or material furnished, and (5) the amount due for such work performed or material furnished. The failure to include the social security number or federal tax identification number shall not render any filing unperfected. At the time the lien is filed, the lienholder shall send a copy to the person for whom the work was performed or material furnished.
Source
Laws 1913, c. 123, § 2, p. 310;
R.S.1913, § 3842;
C.S.1922, § 3226;
C.S.1929, § 52-202;
R.S.1943, § 52-202;
Laws 1988, LB 943, § 1;
Laws 1998, LB 1321, § 79;
Laws 2001, LB 54, § 1.
Annotations
Under this section, an artisan's lien attaches if the necessary documents are filed within 60 days of the furnishing of an item of labor or material which is part of a simple contract or undertaking. Cool v. Sahling Trucks, Inc., 237 Neb. 541, 466 N.W.2d 796 (1991).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-203 - Lien; effect; priority; limitation; enforcement; fee.

52-203.
Lien; effect; priority; limitation; enforcement; fee.
A lien created under section 52-202 is in force from and after the date it is filed and is prior and paramount to all other liens upon such property except those previously filed against such property. Such lien shall be treated in all respects as an agricultural lien as provided in article 9, Uniform Commercial Code, and may be enforced in the manner and form provided for the enforcement of secured transactions as provided in article 9, Uniform Commercial Code, except that such enforcement proceedings shall be instituted within one year after the filing of such lien. The lien is subject to the rights of purchasers of the property against which the lien is filed when the purchasers acquired the property prior to the filing of the lien without knowledge or notice of the rights of the persons performing the work or furnishing material. The fee for filing, amending, or releasing such lien shall be the same as set forth in section 9-525, Uniform Commercial Code. Effective January 1, 2015, this section applies to a lien created under section 52-202 regardless of when the lien was created.
Source
Laws 1913, c. 123, § 3, p. 311;
R.S.1913, § 3843;
C.S.1922, § 3227;
C.S.1929, § 52-203;
R.S.1943, § 52-203;
Laws 1969, c. 436, § 1, p. 1463;
Laws 1984, LB 808, § 1;
Laws 1998, LB 1321, § 80;
Laws 1999, LB 550, § 11;
Laws 2001, LB 54, § 2;
Laws 2014, LB750, § 2.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-204 - Lien satisfied; financing statement; termination.

52-204.
Lien satisfied; financing statement; termination.
When a lien created under section 52-202 is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.
Source
Laws 1988, LB 943, § 2;
Laws 1999, LB 550, § 12;
Laws 2001, LB 54, § 3;
Laws 2014, LB750, § 3.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-301 - Lien; scope.

52-301.
Lien; scope.
Upon all articles left or given to jewelers, silversmiths, or watch and clock repairers, for repairs, parts or work thereon, the jeweler, silversmith, watch or clock repairer, shall have a lien on such article for the cost of repairs, parts or work thereon and material put on or in such article.
Source
Laws 1921, c. 175, § 1, p. 673;
C.S.1922, § 3230;
C.S.1929, § 52-301;
R.S.1943, § 52-301.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-302 - Verified statement; filing.

52-302.
Verified statement; filing.
When one year has elapsed after completion of repairs, work upon or material put on or in such article, if the indebtedness remains due, unpaid or owing, such jeweler, silversmith, watch or clock repairer may file with the county clerk of the county in which such jeweler, silversmith, watch or clock repairer resides, a list showing the name, the address if known, the article and the amount of the bill against the same, duly signed and sworn to before a person authorized to administer oaths.
Source
Laws 1921, c. 175, § 2, p. 673;
C.S.1922, § 3231;
C.S.1929, § 52-302;
R.S.1943, § 52-302.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-303 - Foreclosure; limitation; joinder of claims.

52-303.
Foreclosure; limitation; joinder of claims.
If within thirty days after the filing of such lien with the county clerk as required by section 52-302, the owner fails to pay such charges, the lien shall be treated in all respects as a secured transaction as provided in article 9, Uniform Commercial Code, and may be foreclosed in the manner and form provided for the foreclosure of secured transactions as provided in article 9, Uniform Commercial Code, except that more than one article and charge may be filed in the same lien and foreclosed in the same proceeding, and a publication of a list of several articles and charges published together shall be deemed sufficient notice. Such foreclosure shall be instituted within one year after the filing of the lien.
Source
Laws 1921, c. 175, § 3, p. 673;
C.S.1922, § 3232;
C.S.1929, § 52-303;
R.S.1943, § 52-303;
Laws 1969, c. 436, § 2, p. 1463;
Laws 1999, LB 550, § 13.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-304 - Foreclosure; sale; proceeds; excess; disposition.

52-304.
Foreclosure; sale; proceeds; excess; disposition.
If the property sold under foreclosure shall bring more than the charges and costs of foreclosure, the excess shall be paid to the county treasurer of the county in which the foreclosure is had, and a statement shall be made to the county treasurer of the amount of excess due to the owners of the articles sold, which sum may be procured by the owner by filing a claim with the county board in the usual manner.
Source
Laws 1921, c. 175, § 4, p. 674;
C.S.1922, § 3233;
C.S.1929, § 52-304;
R.S.1943, § 52-304.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-402 - Physician, defined.

52-402.
Physician, defined.
The term physician shall include surgeon, and shall mean one legally authorized to practice his profession within the State of Nebraska and in good standing in his profession at the time.
Source
Laws 1915, c. 210, § 3, p. 469;
C.S.1922, § 3236;
C.S.1929, § 52-402;
R.S.1943, § 52-402.
Annotations
Under established rules of statutory construction, chiropractors are excluded by omission as health care professionals entitled to file a physician lien. Nelsen v. Grzywa, 9 Neb. App. 702, 618 N.W.2d 472 (2000).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-502 - Lien; effect; not assignable; landlord's share exempt.

52-502.
Lien; effect; not assignable; landlord's share exempt.
A lien created under section 52-501 shall not attach to such grain, seed, or corn in the hands of an innocent purchaser or dealer in the usual course of trade unless all the notices provided for in such section shall have been given. In the event the threshing, combining, hulling, picking, husking, or shelling was done on rented or leased land, the lien shall not apply to the landlord's or lessor's share of the grain, seed, or corn. The lien shall not be assignable.
Source
Laws 1923, c. 117, § 2, p. 279;
C.S.1929, § 52-502;
Laws 1939, c. 63, § 2, p. 267;
C.S.Supp.,1941, § 52-502;
R.S.1943, § 52-502;
Laws 1945, c. 126, § 2, p. 408;
Laws 2001, LB 54, § 5.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-504 - Lien satisfied; financing statement; termination.

52-504.
Lien satisfied; financing statement; termination.
When a lien created under section 52-501 is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.
Source
Laws 1985, LB 606, § 11;
Laws 1988, LB 943, § 4;
Laws 1999, LB 550, § 15;
Laws 2001, LB 54, § 6;
Laws 2014, LB750, § 5.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-601.01 - Services performed upon personal property; disposition of property; when; notice.

52-601.01.
Services performed upon personal property; disposition of property; when; notice.
A person who shall perform work or labor, or exert care or diligence, or who shall advance money or material upon personal property under a contract, expressed or implied, and who holds such property for a period of ninety days, may dispose of the property by sale or other manner. Such disposition shall not occur until thirty days after the mailing of a written notice of the intended disposition by certified mail, return receipt requested, to the last-known address of the owner of the personal property to be disposed of, and to any lien or security interest holder of record.
Source
Laws 1974, LB 960, § 4;
Laws 1994, LB 1061, § 1.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-603 - Lien; how satisfied; sale.

52-603.
Lien; how satisfied; sale.
In accordance with the terms of the notice given as provided by section 52-601.01, a sale of the goods for reasonable value may be had to satisfy any valid claim of the claimant for which the claimant has a lien on the goods. Such sale shall extinguish any lien or security interest in the goods of a lienholder or security interest holder to which notice of sale was mailed pursuant to section 52-601.01.
Source
Laws 1923, c. 118, § 3, p. 281;
C.S.1929, § 52-603;
R.S.1943, § 52-603;
Laws 1974, LB 960, § 2;
Laws 2014, LB851, § 2.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-604 - Sale; proceeds; distribution.

52-604.
Sale; proceeds; distribution.
From the proceeds of such sale the claimant shall make application in the following order: (1) To satisfy his or her lien, including the reasonable charges of notice, advertisement, and sale; and (2) to satisfy the obligations secured by the lien or security interest of any lienholder or security interest holder of record. The balance, if any, of such proceeds shall be delivered to the county treasurer of the county in which the sale was made. The treasurer of the county in which the property was sold shall issue his or her receipt for the balance of such proceeds. The county treasurer shall make proper entry in the books of his or her office of all such proceeds paid over to him or her, and shall hold the money for a period of five years, and immediately thereafter pay the same into the school fund of the proper county, to be appropriated for the support of the schools, unless the owner of the property sold, his or her legal representatives, or any lienholder or security interest holder of record whose lien or security interest has not previously been satisfied shall, within such period of five years after such proceeds have been deposited with the treasurer, furnish satisfactory evidence of the ownership of such property or satisfactory evidence of the lien or security interest, in which event he, she, or they shall be entitled to receive from the county treasurer the amount so deposited with him or her.
Source
Laws 1923, c. 118, § 4, p. 281;
C.S.1929, § 52-604;
R.S.1943, § 52-604;
Laws 1974, LB 960, § 3;
Laws 2005, LB 82, § 1;
Laws 2014, LB851, § 3.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-605 - Redemption.

52-605.
Redemption.
At any time before the goods are so sold, any person claiming a right of property or possession therein may pay the claimant the amount necessary to satisfy his lien, and pay the reasonable expenses and liabilities incurred in serving notices of advertising and preparing for sale up to the time of such payment. The claimant shall deliver the goods to the person making such payment if he is a person entitled to the possession of the goods on the payment of charges thereon.
Source
Laws 1923, c. 118, § 5, p. 282;
C.S.1929, § 52-605;
R.S.1943, § 52-605.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-701 - Lien; perfection; financing statement; filing; enforcement; fee.

52-701.
Lien; perfection; financing statement; filing; enforcement; fee.
Whenever any person procures, contracts with, or hires any person licensed to practice veterinary medicine and surgery to treat, relieve, or in any way take care of any kind of livestock, such veterinarian shall have a first, paramount, and prior lien upon such livestock so treated for the contract price agreed upon or, in case no price has been agreed upon, for the reasonable value of the services and any medicines or biologics furnished. A lien created under this section shall be treated in all respects as an agricultural lien as provided in article 9, Uniform Commercial Code, and may be enforced in the manner and form provided for the enforcement of secured transactions as provided in article 9, Uniform Commercial Code. A lien created under this section shall be perfected as provided in article 9, Uniform Commercial Code. Any financing statement filed to perfect such lien shall be filed within ninety days after the furnishing of the services and any medicines or biologics and shall contain or have attached thereto (1) the name and address and the social security number or federal tax identification number of the veterinarian claiming the lien, (2) the name and address and the social security number or federal tax identification number, if known, of the person to whom the services and medicines or biologics were furnished, (3) a correct description of the livestock to be charged with the lien, and (4) the amount of the services and any medicines or biologics furnished. The failure to include the social security number or federal tax identification number shall not render any filing unperfected. At the time the lien is filed, the lienholder shall send a copy to the person to whom the services and medicines or biologics were furnished. The fee for filing, amending, or releasing such lien shall be the same as set forth in section 9-525, Uniform Commercial Code. Effective January 1, 2015, this section applies to a lien created under this section regardless of when the lien was created.
Source
Laws 1935, c. 117, § 1, p. 432;
C.S.Supp.,1941, § 52-701;
R.S.1943, § 52-701;
Laws 1969, c. 436, § 4, p. 1465;
Laws 1984, LB 808, § 3;
Laws 1988, LB 943, § 5;
Laws 1998, LB 1321, § 82;
Laws 1999, LB 550, § 16;
Laws 2001, LB 54, § 7;
Laws 2014, LB750, § 6.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-702 - Lien satisfied; financing statement; termination.

52-702.
Lien satisfied; financing statement; termination.
When a lien created under section 52-701 is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.
Source
Laws 1985, LB 606, § 12;
Laws 1988, LB 943, § 6;
Laws 1999, LB 550, § 17;
Laws 2001, LB 54, § 8;
Laws 2014, LB750, § 7.