Legal Question in Construction Law in Minnesota

Re: Sub contract work

If there was no prelien notice given to the homeowner, you PROBABLY do not have the right to file the lien, and you should not foreclose the lien without talking to an attorney. There are certain exceptions (for example, if the contractor was also the owner of the property) that could apply, but based on the facts given to me it does not appear the exceptions would apply. Your best best is probably to sue the contractor in small claims court.

Standard disclaimer: The comments above are based on limited facts and should not be considered legal advice. We do not have an attorney-client relationship.

Re: Sub contract work

I am afraid that a prelien notice must be provided to the homeonwer for your to assert a valid mechanic's lien. As a reult, you would be wise to dismiss your lien and you should definitely not pursue a foreclosure which could subject you to liability. Some narrow exceptions do apply and we would be happy to review those with you.

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