Mechanics Lien Deadlines in Minnesota
Minnesota mechanics lien claimants must record a lien statement and enforce it within statutory periods measured from their last contribution and the recorded lien statement.
Minnesota's mechanics lien law is set out in Chapter 514 of the Minnesota Statutes. It gives those who contribute labor, skill, material, or machinery to the improvement of real estate a lien on the improvement and the land. The statutes also set pre-lien notice requirements, a period within which the lien statement must be recorded, and a period within which the lien must be enforced. The paragraphs below cite the controlling sections so each requirement can be traced to its source.
Filing and enforcing a mechanics lien in Minnesota
Whoever contributes to the improvement of real estate by performing labor or furnishing skill, material, or machinery, whether under contract with the owner or at the instance of an agent, contractor, or subcontractor of the owner, has a lien on the improvement and the land on which it is situated. 1
Every person who contributes to the improvement so as to be entitled to a lien under section 514.01, except a party under direct contract with the owner, must give the owner or the owner's authorized agent a written notice, by personal delivery or certified mail, not later than 45 days after the lien claimant has first furnished labor, skill, or materials for the improvement. 2
The lien ceases at the end of 120 days after doing the last of the work, or furnishing the last item of skill, material, or machinery, unless within that period a statement of the claim is filed for record with the county recorder. 3
Within the same period a copy of the statement must be served personally or by certified mail on the owner, the owner's authorized agent, or the person who entered into the contract with the contractor. 4
The lien statement must be made by or at the instance of the lien claimant, be verified by the oath of a person shown to have knowledge of the facts, and set forth a notice of intention to claim and hold a lien and the amount of the lien. 5
No lien may be enforced unless the holder asserts it by filing a complaint or answer with the court administrator within one year after the date of the last item of the claim as set forth in the recorded lien statement. 6
The pre-lien notice required by section 514.
Sources
A person who contributes to the improvement of real estate by performing labor or furnishing skill, material, or machinery, whether under contract with the owner or at the instance of an agent, trustee, contractor, or subcontractor of the owner, has a lien on the improvement and the land on which it is situated.
A person entitled to a lien under section 514.01 who is not under direct contract with the owner must give the owner or the owner's authorized agent written notice, by personal delivery or certified mail, not later than 45 days after the lien claimant has first furnished labor, skill, or materials for the improvement.
The lien ceases at the end of 120 days after doing the last of the work, or furnishing the last item of skill, material, or machinery, unless within that period a statement of the claim is filed for record with the county recorder.
A copy of the lien statement must be served personally or by certified mail on the owner, the owner's authorized agent, or the person who entered into the contract with the contractor.
The lien statement must be made by or at the instance of the lien claimant, be verified by the oath of a person shown to have knowledge of the facts, and set forth a notice of intention to claim and hold a lien and the amount of the lien.
No lien may be enforced unless the holder asserts it by filing a complaint or answer with the court administrator within one year after the date of the last item of the claim as set forth in the recorded lien statement.
Frequently asked questions
- When must a Minnesota mechanics lien statement be recorded?
- A lien statement must be filed for record with the county recorder within 120 days after doing the last of the work, or furnishing the last item of skill, material, or machinery; otherwise the lien ceases.
- How long is there to enforce a Minnesota mechanics lien?
- The lienholder must assert the lien by filing a complaint or answer with the court administrator within one year after the date of the last item of the claim as set forth in the recorded lien statement.
- Does a subcontractor have to give notice before claiming a lien?
- Yes. A person entitled to a lien under section 514.01 who is not under direct contract with the owner must give the owner written notice not later than 45 days after first furnishing labor, skill, or materials for the improvement.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.