Mechanics Liens Claim Filing in MN
The Minnesota mechanic’s lien statute was enacted to insure that contractors and sub-contractors get paid for their work, but also to insure that land owners’ don’t wind up paying their general contractor, only to find out that the general contract did not pay all of the subcontractors. To protect both owners and contractors, the law requires that to claim a lien, the contractor or sub-contractor must follow certain specific requirements within statutory deadlines:
- Provide notice in contract itself that a lien may be claimed
- Give an initial, “prelien”, notice identifying contractor and subcontractors
- Provide timely, accurate lien statement if lien is claimed
- If necessary, start lawsuit within one year from completion of work
A contractor/subcontractor can lose the right to file a mechanic’s lien in cases where the pre-lien notice is required but not given. After the project has been finished, the contractor/subcontractor must serve the Statement of Mechanic’s Lien within 120 days after doing the last of the work, or furnishing the last item of skill, material, or machinery. It is critical that the Lien Statement be properly prepared, served and filed. Courts carefully scrutinize these factors, and if the legal requirements have not been met, there will be no lien. For this reason, we strongly advise that you consult with us regarding the preparation and filing of a mechanic’s lien statement.
