(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.
Neb. Rev. Stat. § 52-130
Real estate improvement contract, defined
Applied in 3 court decisions — leading case Fru-Con Construction Corp. v. Controlled Air, Inc. (2009)
Most recently applied in Fru-Con Construction Corp. v. Controlled Air, Inc. (July 2009)
Laws 1981, LB 512, § 6.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.