1) If you have a direct contract with the owner of the property, must generally serve the owner with a pre-lien notice. If you do not have a direct contract with the owner of the property, you must generally serve the owner with a pre-lien notice. The pre-lien notice must be in a specific form required by Minnesota law.
2) The notice is not required if:
a) You are in direct contract with the owner of the property AND have no subcontractors/material suppliers; OR
b) The property
i) is non-residential/non-agricultural AND
ii) the existing project or addition is in excess of 5,000 square feet; OR
c) The property is residential and the improvement consists of or provides for more than 4 family units; OR
d) You are a subcontractor and the general contractor is managed by or controlled by the owner of the property.
3) GENERALLY, IT IS A GOOD IDEA TO ALWAYS PROVIDE THE PRE-LIEN NOTICE.
4) The pre-lien notice must:
a) For direct contractors, be in the written contract, or if no written contract, served on the owner in writing to the owner within 10 days of contracting.
b) For subcontractors, be served on the owner in writing within 45 days of your first item of labor, skill or material furnished to the property; and
c) In both cases, be in 10 point bold and capital type.
d) Service must be in person or by certified mail.
5) Minnesota law requires a general contractor to provide a requesting subcontractor or material supplier the Name and Address of the owner of the Property within 10 days of their request.
Mechanic’s Lien Statement
6) The Lien Statement must be served on the property owner and filed within 120 days of the last day you furnished labor, skill or material to the property. Should you need to file such a statement, it is a good idea to contact your legal counsel as soon as possible. Lien Statements must be in a specified form and must be served on all persons/entities holding an ownership interest in the property. Service must be in person or by certified mail. An Affidavit of Service for each owner served must also be completed.
Mechanic’s Lien Foreclosure
7) A Foreclosure action to foreclose on your Mechanics Lien must be brought within 1 year of the last date you furnished labor, skill or material to the property. Should you need to bring such an action, it is a good idea to contact your legal counsel as soon as possible.
This information is being provided as general educational materials by Alden Pearson, P.A. It is not specific legal advice to you and does not create an attorney-client relationship. We encourage you to obtain competent legal advice from an attorney in determining how you will be affected by Minnesota lien laws.