Legal Question in Construction Law in Minnesota

Re: mechanic lean?

First you have to have provided a correct pre-lien notice. Then you need to file and serve the lien within 120 days of the last date of work. The lien must be foreclosed upon within one year of the last date of work.

This is a technical area, and you should consult an attorney about this. I would be happy to speak with you about it.

Nathan M. Hansen

Re: mechanic lean?

The lien must be filed AND served, either personally or by certified mail, within 120 days after your last day of work on the project. Service by regular mail will NOT be good enough. A lawsuit to foreclose on the lien must be started within 1 year after your last day of work.

If you've determined that prelien notice wasn't necessary (see discussion below*), then here is the statute which describes what should be included in the lien statement and how it must be served and filed:

https://www.revisor.leg.state.mn.us/statutes/?id=514.08

You can generally get the legal description by going to the County Recorder's office (or Registrar's Office, if it's Torrens property) in the county where the project is located and giving them the property address. Some of the counties, such as Hennepin and Ramsey, allow you to search their property records on-line and often you can get at least a partial legal description that way. The description should be confirmed in person with the appropriate county office, though.

*Sometimes pre-lien notice is required before, or within a certain time limit after, you start work on the project. Here is a link to the statute which contains the pre-lien notice requirements (you may need to copy the link and paste it into your browser): https://www.revisor.leg.state.mn.us/statutes/?id=514.011 If you haven't met these requirements, you cannot file the lien if the property falls into one of the categories discussed in the statute.

I hope this is of some help to you. If you have any questions, feel free to give me a call or send an e-mail. In any event, good luck to you.

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.