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Can I file a lien for Design Services in MN?

MinnesotaMechanics Lien

I own a design+build firm where we help clients design a custom home and subsequently build that newly designed home. I'm also a licensed general contractor in Minnesota. I currently have a have a client who contracted my firm to design a new luxury single family home for their family, and this client currently has a $23,300 outstanding invoice with my firm for architect services, interior design services, civil engineering, and structural engineering design, but they are refusing to pay this final invoice. The civil engineer/surveyor is a subcontractor of mine, and he did some on-site work during the design process, including staking on the empty lot to complete a updated certificate of survey. Other than that civil engineering work, no other labor, demo, excavating or construction has been done yet on the client's empty lot they own. However, we did substantial design work and completed the design for the client, and they simply got cold feet at the end, even after we went through multiple redesigns to get within their set budget. My firm completed all the work outlined in our contract and should be paid for the work we did. The client owns the empty lot and signed our Design Services Contract that includes a Pre-Lien Notice with my firm after they purchased the lot. The client now has their lot under contract with another buyer for a higher purchase price that they purchased it for ($280k higher so they are making a considerable amount of profit), and the sale is set to close to the new buyer on Sept 30th. I would like to file a lien on the client's lot for the outstanding $23k+ invoice before they sell it, but I have been hearing some conflicting opinions that I may not be able to file a lien for the Design Services work we've done. My question is, can I file a lien in Minnesota for the substantial work I've outlined above considering there was some surveying work done on-site (albeit minor work)? Thank you

3 replies

Aug 22, 2022
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.
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