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Can I include attorney's fees, court fees, and other expenses in a mechanics lien?

I'm thinking of filing an intent to lien. Can I include my fees associated with that?

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Dec 30, 2019

Attorneys' fees, interest, court costs, and other expenses are generally not allowed to be included in a mechanics lien claim itself, but some or all may be awarded in a successful lawsuit to enforce the lien. In Minnesota, attorneys' fees may not be included in the lien amount, but are generally awarded to the prevailing party in a foreclosure action. Other costs not included in the lien amount are surety bond premiums, “soft costs,” and costs of extra materials not authorized by the owner. Interest, however, is both recoverable, and may be included in the lien amount. Minnesota does not require a specific or formal notice of intent prior to the filing of a mechanics lien (a different preliminary notice may be required, however). Accordingly, the contents of a Notice of Intent in Minnesota are not regulated by statute. A claimant, therefore, could conceivably include all amounts determined to be due in such a non-required Notice of Intent, as long as any actually filed lien itself meets the requirements for allowable amounts claimed.

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Dec 30, 2019

Thank you for your excellent explanation. One question... Non-regulated statute if I'm not mistaken, it wouldn't be illegal for me to add my attorney's fees, interest, premiums, etc... Since it's not required, is there any backlash to doing this or should I not itemize the charges?

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Dec 30, 2019

As noted, there are limits to what can be properly included in a lien claim. Since a Notice of Intent to Lien is not required in Minnesota, it is more akin to a general demand letter. While a demand should be based in reality and what is properly owed, there is no rule that says a voluntarily non-required document must itemize the amounts due. Or, if the amounts are itemized, that the "notice of intent" must state that the potential lien would be filed for all amounts due rather than stating that there is a total amount due, and that if payment is not made, a lien will be filed to secure the amounts properly subject to a lien claim.

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