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How do we go about filing this lien?

We have a project on a Charter School that we have not been paid for. The General Contractor would not return our calls and now that he has, his answer was "lien the school". We finished our work November 1.

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Mar 9, 2020

Filing a Minnesota mechanics lien is a pretty simple process. Generally, it simply requires filling out a form with the required information then filing that document with the county recorder's office in the county where the work was done. Of course, there's a little more to it than that - and these articles will help to fill in the gaps: (1) How to File a Mechanics Lien in Minnesota – Step by Step Guide Walkthrough; and (2) Minnesota Mechanics Lien Guide and FAQs. Importantly: Minnesota mechanics lien claimants must file their lien claims within 120 days from the date when they last furnished labor or materials to the project. So, if more than 120 days have passed since that last furnishing date, then a mechanics lien filed after that point would likely end up being invalid and unenforceable. Further, keep in mind that whether the charter school is ultimately deemed a public or private project will be important, too. Though, most charter schools seem to be owned by private, non-profit entities. You can read discussion on that issue, here: Securing Payment on School Renovation Projects. As a final note, in the event that mechanics lien rights might not be an appealing option, there are always other recovery options which might be available. Levelset discusses some alternatives in these two articles: (1) Can’t File a Lien? Here Are Some Other Options For Recovery; and (2) Don’t Want to File a Mechanics Lien? Here Are 5 Other Options.

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