Hugh D. Brown is a construction attorney who works in Minneapolis, Minnesota. Hugh has 14 years of experience with 1 license to practice in Minnesota. Hugh attended University of Minnesota Law School, graduating in 2006. He currently works at Fabyanske Westra Hart & Thomson. in Minnesota. More...
Good Morning, Unfortunately, mechanic’s lien deadlines are absolute in Minnesota, and missing one means that a lien is no longer valid. However, you still have other avenues to pursue, including your claim for breach of contract. I recommend hiring an attorney to send a demand letter and move ahead with legal action if necessary. Let me know if you would like to discuss further.See More...
The next step would be to commence a lawsuit against your customer and their bonding company. However, the bonding company will probably argue that your bond claim was untimely (Minnesota law requires a bond claim to be filed no later than 120 days from the last date of work), and based on the facts in your summary, they would probably be correct. Therefore, you would probably be left with a breach of contract claim against the owner. You coulSee More...See More...
You should be able to file a lien for your design services whether or not there are visible improvements on the property where the owner is aware of the work. Happy to discuss this further – feel free to give me a call.See More...
If the subcontractor was performing work within your contracted scope, which I assume is the case based on your question, you should be able to use the subcontractor’s last date of work. See More...
Generally, it would be appropriate to provide a partial lien waiver for the amount they have paid, as you state. That should be sufficient to satisfy the title company unless they have an unusual arrangement with the owner. Regardless, it would be risky for you to provide anything other than a partial lien release. However, a more detailed answer would require knowledge of the disbursement agreement.See More...