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Date Lien Claimants Notice Served

MinnesotaPreliminary Notice

I am attempting to file a lien on a commercial property in the state of MN. To file a commercial lien in Minnesota, to the best of my knowledge a pre-lien notice is not required. I am unable to proceed in the questions section, because it asks the following, Date Lien Claimants Notice Served, which I do not have. Please advise

1 reply

Mar 5, 2020

Minnesota preliminary notice requirements

Minnesota preliminary notices are governed by Minn. Stat. §514.011. The requirements to send a preliminary notice on a private project depends on the claimant's role in the construction project.

Direct contractors

GC's (or any party with a direct contract with the property owner) are required to provide a "General Contractor's Notice" to the owner that is typically included in the contract. If not included, or there is no written contract, then the notice must be delivered personally or by certified mail to the owner within 10 days after the work was agreed upon. The exact language and formatting requirements can be found in the statute itself. A GC who fails to provide this notice will not have the right to file a mechanics lien.

Claimant's without a direct contract with the owner

For all other project participants, a Lien Claimant's Notice must be sent (personally delivered/certified mail) within 45 days from the first furnishing of labor or materials to the project. Failure to provide this preliminary notice is fatal to Minnesota mechanics lien rights. Here are some additional resources that may help:  
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