• Minnesota is a FULL PRICE lien state when prelim notice is not required.
  Minnesota is an UNPAID BALANCE lien state when prelim notice is required.
• Notification is required when contracting directly with the owner on private projects.
• A subcontractor or materialman may ask a contractor for the name and address of the owner of real estate for which it has provided labor, skill and materials, and the contractor shall provide the same within 10 days.
• For Notice purposes "Agricultural use" means the production for sale of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, or bees and apiary products. Wetlands, pasture and woodlands accompanying land in agricultural use shall be deemed to be in agricultural use.


• Residential Notice: Every person who contributes to the improvement of real property so as to be entitled to a lien pursuant to section 514.01, except a party under direct contract with the owner must, as a necessary prerequisite to the validity of any claim or lien, cause to be given to the owner or the owner's authorized agent, either by personal delivery or by certified mail, not later than 45 days after the lien claimant has first furnished labor, skill or materials for the improvement, a written notice in at least 10‐point bold type, if printed, or in capital letters. An estimate of the value of services or materials must be given. (§514.01 Subd.2.)
  326B,802 Subd. 13. Residential real estate. "Residential real estate" means a new or existing building constructed for habitation by one to four families, and includes detached garages.

Mechanic’s Lien Speed Bumps

• The Hennepin County District Court in Minnesota ruled that non-attorneys are prohibited from filing mechanic’s liens; in the case, Dering Pierson Group, LLC vs. Rockstar Design, LLC, et al., the court found that non-attorneys who file mechanic’s liens are conducting the unauthorized practice of law.

Public Speed Bumps

• Public Bond Claim: Within 120 days after the completion of the contract and acceptance by the proper public authorities of the work done, the plaintiff shall serve upon the contractor and upon the state or such corporation or department a written notice specifying the nature and amount of the claim and the date of furnishing the last item thereof.
• Small work (i.e., adjustments, nuts and bolts etc.) will not suffice as a claimant’s last furnishing of labor or material.
• Minnesota courts are beginning to recognize a category of property known as quasi-public property, which may be subject to mechanic’s liens. Quasi-public property is public property which is used for private purposes. For example, property being developed by a city for sale as private commercial business sites was deemed private property for purposes of Minnesota lien law.
• Before beginning work, the contractor must file both bonds (performance/payment) with the treasurer, board or officer having financial management of the obligee owner named in the bonds.
• MN law exempts from payment bonding requirments all contracts for snow removal, ice removal, grading, and similar routine maintenance on town roads regardless of the size of the contract.