52-145. Notice of commencement; by whom filed; contents; recording; duration; extension.

717 words·~3 min read·/ne/chapter-52/52-145

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A notice of commencement must be signed by the contracting owner, be denominated notice of commencement, and state:

(a)The real estate being or intended to be improved or directly benefited, with a description thereof sufficient for identification;

(b)The name and address of the contracting owner, his or her interest in the real estate, and the name and address of the fee simple title holder, if other than the contracting owner; and

(c)That if, after the notice of commencement is recorded, a lien is recorded as to an improvement covered by the notice of commencement, the lien has priority from the time the notice of commencement is recorded.

(2)The notice of commencement may state its duration, but if a duration is stated of less than six months from the time of recording, the duration of the notice is six months. If no duration is stated, the duration of the notice is one year after the recording.

(3)The notice of commencement may state that it is limited to a particular improvement project, or portion thereof, on the real estate. But the limitation is not effective unless the particular improvement, or portion thereof, to which it applies is stated with sufficient specificity that a claimant, by reasonable inquiry, can determine whether his or her contract is covered by the notice of commencement.

(4)A contracting owner may extend the duration of a notice of commencement by recording before the lapse thereof a continuation statement signed by him or her which refers to the record location and date of recording of the notice of commencement and states the date to which the notice of commencement's duration is extended.

(5)If no notice of commencement applies to an improvement, any claimant who is entitled to record a lien may record a notice of commencement denominated notice of commencement, claimant recording, signed by him or her, stating:

(a)In accordance with subsection

(10)of this section, the real estate being or intended to be improved or directly benefited, with a description thereof sufficient for identification;

(b)The name and address of the contracting owner against whom the notice of commencement is effective;

(c)The name and address of the claimant recording the notice of commencement;

(d)The name and address of the person with whom the claimant contracted with respect to the improvement;

(e)A brief description of the services or materials provided, or to be provided, by the claimant for the improvement; and

(f)That if, after the notice of commencement is recorded, a lien is recorded as to an improvement covered by the notice of commencement, the lien has priority from the time the notice of commencement is recorded.

(6)A claimant recording a notice of commencement, not later than the day it is recorded, must send a copy thereof to the contracting owner. The claimant is liable to the contracting owner for any damages caused by failure to comply with this subsection.

(7)Sections 52-125 to 52-159 apply equally to all notices of commencement, but as to a notice of commencement recorded by a claimant:

(a)Notwithstanding any stated duration, the duration is one year after the recording; and

(b)The limitation under subsection

(3)of this section is not effective.

(8)Unless a notice of commencement is limited to a particular improvement project, or portion thereof, it covers all improvements made on the real estate described therein whether or not they were contemplated at the time of the recording.

(9)Unless a notice of commencement provides otherwise, it covers improvements made on real estate not owned by the contracting owner if, under subsection

(4)of section 52-133 , a lien arises against the contracting owner's real estate described in the notice of commencement as a result of the improvements.

(10)A notice of commencement recorded by a claimant under subsection

(5)of this section may describe all or any part of the contracting owner's real estate being improved or directly benefited.

While the geographic or spatial extent of a construction lien may be limited under this section, the real estate subject to construction liens is ultimately determined by the contracting owner's contract for the improvement of the real estate. Nore Electric v. S & H Holdings, 316 Neb. 197, 3 N.W.3d 895 (2024).