33-992

33-992. Preference of liens over subsequent
encumbrances; professional services liens

A. The liens provided for in this article, except as provided in subsection B of
this section or unless otherwise specifically provided, are preferred to all liens,
mortgages or other encumbrances upon the property attaching subsequent to the time the
labor was commenced or the materials were commenced to be furnished except any mortgage
or deed of trust that is given as security for a loan made by a construction lender as
defined in section 33-992.01, subsection A, paragraph 1, if the mortgage or deed of trust
is recorded within ten days after labor was commenced or the materials were commenced to
be furnished. The liens provided for in this article except as provided in subsection B
of this section are also preferred to all liens, mortgages and other encumbrances of
which the lienholder had no actual or constructive notice at the time the lienholder
commenced labor or commenced to furnish materials except any mortgage or deed of trust
that is given as security for a loan made by a construction lender as defined in section
33-992.01, subsection A, paragraph 1, if the mortgage or deed of trust is recorded within
ten days after labor was commenced or the materials were commenced to be furnished.

B. A notice and claim of lien for professional services shall not attach to the
property for priority purposes until labor has commenced on the property or until
materials have commenced to be furnished to the property so that it is apparent to any
person inspecting the property that construction, alteration or repair of any building or
other structure or improvement has commenced.

C. If no labor commences on a property or no materials are furnished to the
property, a registered professional may record and foreclose on a lien at any time after
the registered professional's work has commenced if the registered professional's work
has added value to the property. If labor or materials are furnished to the property,
the priority of the registered professional's lien is governed by subsection B of this
section.

D. Liens for professional services shall attach not before but at the same time,
and shall have the same priority, as other liens provided for in this article.

E. If any improvement at the site is not provided for in any contract for the
construction of any building or other structure, the improvement at the site is a
separate work and the commencement of the improvement is not commencement of the
construction of the building or other structure. The liens arising from work and labor
done or professional services or materials furnished for each improvement at the site
shall have a separate priority from liens arising from work and labor done or
professional services or materials furnished for the construction of the building or
other structure. A lien arising from work or labor done or materials furnished for each
improvement at the site attaches to property for priority purposes at the time labor was
commenced or materials were commenced to be furnished pursuant to the contract between
the owner and original contractor for that improvement to the site. For purposes of this
subsection, "improvement at the site" means any of the following on any lot or tract of
land or the street, highway or sidewalk in front of or adjoining any lot or tract of
land:

1. Demolition or removal of improvements, trees or other vegetation.

2. Drilling of test holes.

3. Grading, filling or otherwise improving.

4. Constructing or installing sewers or other public utilities.

5. Constructing or installing streets, highways or sidewalks.