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Want to file a lien against an IL dealer I did work for on a project in MN

MinnesotaMechanics LienPayment DisputesRight to Lien

I provided installation services to an IL dealer on a project done in MN with an invoice date of 4/12/18. Turns out the dealer has been paid for 90% (Materials, freight, installation). The end user (State of MN Historical Society) is withholding the 10% which I think is what the dealer was going to use to pay me for my installation services. After talking to the Director of the museum (since I cannot get ahold of the dealer) I have learned they are going back and forth about a small amount of accessories not included on the order (about 2500.00). I believe the end user is correct in withholding payment due to the fact that the missing accessories are specifically included in the proposal that they signed off on. I do not want to file a lien against them (MN), but rather the IL dealer who is in breech of contract with the customer and whom I contracted with to provide the installation.

1 reply

Aug 10, 2018
Mechanics liens are very specific in how they must be claimed, what they me claimed for, and what they may be claimed against.

A mechanics lien is a security interest against real property granted for labor or materials furnished to improve that particular property. This means that when construction work takes place on a property, the construction participants are given an ability to encumber the improved property in order to secure they amount they are owed.

While the mechanics lien may obligate or implicate numerous parties, it cannot be claimed against something or somebody other than the improved property. In situations in which a party is unpaid but doesn't want to file a lien against the property - a lawsuit directly against the non-paying party with whom they contracted is generally the option. Depending on the amount at issue, small claims court may be an option as well to cut down costs.

I hope you are able to get paid what you are owed for this project.
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