I completed a water damage for a sewer backup in a basement. My bill is about $9000. the pre-lien I gave them is in 10 font, but not in BOLD print. Can I get sued for this? Should I cancel it or let it go? Thank you for your help
1 reply
Feb 12, 2020
Under Minn. Stat. §514.011, the prelien notice must be "in at least 10-point bold type, if printed, or capital letters, if typewritten." This is a sign of how old these statutes are. Referring to type-written as those produced by a typewriter. Anyhow, Minnesota enforces the requirements rather strictly, and failing to provide the notice in bold may put its validity in jeopardy.
As far as liability, no. There is no legal action that can be taken against you for sending a prelien notice in the incorrect format. Following that line of reasoning, there's also no need to "cancel" the notice, as it hasn't been recorded in any official capacity. However, as I stated above, if you do end up needing to file a mechanics lien, the validity of the claim can potentially be challenged for improper notice.
Here are some further resources you might find useful: