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Home>Levelset Community>Legal Help>Licensed plumber files lien and is paid by mortgage company before even starting bSement bath tough-in and dump pump, other minor outstanding issues. Is this legal in MN?

Licensed plumber files lien and is paid by mortgage company before even starting bSement bath tough-in and dump pump, other minor outstanding issues. Is this legal in MN?

MinnesotaRight to Lien

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1 reply

Feb 25, 2019
I'm sorry to hear you've had trouble on this job. However, I'm not quite sure I understand the issue at hand. But let's explore two ideas that I think might be helpful: (1) Whether a mechanics lien can be filed before work is complete; and (2) Whether a lien could be filed when workmanship is in dispute. For the first point, the answer is geneally "yes" - a mechanics lien can usually be filed before the work is finished. Minnesota does not require that a project be completed prior to the filing of a mechanics lien claim. There are a number of different reasons such a filing might occur, including slow payment, partially paid invoices, or just failure to make progress payments altogether. At the same time, mechanics lien rights only exist for amounts that are owed but unpaid for work performed. So, if a mechanics lien is filed before the claimant finishes their work, the lien claim should typically only represent amounts for work performed but unpaid up to the time when the lien claim was filed (and, generally, amounts should not be included for work not yet performed). As for the second part - mechanics liens can also be filed even where workmanship is in dispute. But, if there is an issue with workmanship that has resulted in some payment dispute or withheld payment, then that could be taken into account in any challenge to a filed lien claim or during a lien foreclosure action. If this didn't answer your question, please feel free to post another question and we'll do our best to provide some relevant information! For more on Minnesota's mechanics lien laws, this resource should help: Minnesota Lien & Notice FAQs. This resource may also be of use: A Mechanics Lien Was Filed on My Property – What Do I Do Now?
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