I have been promised to be paid for since work was completed on a property in Sept. I am now at the point where I cannot afford to continue being strung along. Have I missed the timeframe to file a Lien?
1 reply
Apr 2, 2020
The deadline to file a mechanics lien in Minnesota is 120 days after the last furnishing of labor or materials to the project. So, if more than 120 days have passed after you last performed work or provided materials/equipment, then it's too late to file a valid and enforceable lien claim. And, to be sure, the deadline to file a lien is a hard one - and promises to make payment won't extend the deadline.
Certainly, though, there are other recovery tools that can be utilized - even if a mechanics lien is off the table. Levelset actually breaks down some of those options here: Can’t File a Lien? Here Are Some Other Options For Recovery. further, it's absolutely possible to enter into a payment agreement with your customer. And, having them agree to a personal guarantee or a promissory note can secure payment.
Taking things further - if payment wasn't made, that usually means the contract has been breached - so a breach of contract action may be appropriate. And, prompt payment claims can be useful when payments have been made late (or not at all). Before diving into legal claims, though, note that sending a demand letter could be enough to get paid since legal threats can't be taken lightly.
If legal claims do become necessary, here's a list of Minnesota construction attorneys who may be able to help. Also, note that if the debt is under $15,000, then taking the matter to small claims court is yet another option.