In the state of Minnesota, existing state code statutes protect construction industry workers and entities from non-payment following rendering service or materials. These Minnesota lien laws, including their procedures and timelines for filings, are essential for any construction project to proceed smoothly, and protect claims to lien in the event of future disputes.
Primary contractors in the state of Minnesota must file preliminary lien notice in written contract with owner, or by filing a preliminary notice with owner no more than ten (10) days after starting work on a given project if project is non-commercial entity or less than 5,000 square feet. Statement of mechanics lien is required to be filed and delivered to owner no later than one hundred and twenty (120) days after providing the last materials or labor to a given jobsite. Any action to foreclose on lien is required to be filed within no more than one (1) year after the last date of improvements or work on a given project.
Sub contractors wishing to issue preliminary notice in the state of Minnesota must issue a preliminary lien notice to owner immediately, but in the event property having improvements is non-commercial or commercial with less than 5,000 square feet, sub contractors have forty-five (45) days to make preliminary lien notice. Sub contractors in Minnesota wishing to make claims of lien should file a mechanics lien statement and serve it to project owner no longer than one hundred and twenty (120) days after last day supplying labor or materials to project in question. Actions to foreclose on a lien taken by sub contractors must occur no later than one (1) year after the last date on jobsite.
Preliminary lien notice requirements for materials suppliers in the state of Minnesota are required to be delivered to owner immediately, or within forty-five (45) days per the conditions noted above for sub contractors. Similarly, all claim of lien actions, including filing mechanics lien statement and actions to foreclose follow the same schedule and process as those associated with sub contractors in the state of Minnesota, including mechanics lien filing no more than one hundred and twenty (120) days and actions to foreclose no later than one (1) year after last date.