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What are the laws in Minnesota on a lein from a contractor?

Anonymous Contractor

I had a contractor do some outside painting for me and it was bubbling and not scrapped and sanded properly. he fixed some of the areas but I refused to pay him unless they were all corrected. He then said he would put a lein on my property and I said I would sue him then. Well I received a lein notice in the mail the other day from him. In the notice it states that a copy of this had to be delivered to me in person or by certified mail. Does that mean it is voided?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

Sep 20, 2019

Minnesota mechanics lien claimants must provide notice of their lien filing to an owner before the deadline to file a lien passes. That notice must include a copy of their lien claim, and it must be either delivered personally or by certified mail. However, the Minnesota mechanics lien statute doesn't specifically require the notice be given before a lien is filed. Rather, the notice must simply be given within the timeframe for filing the lien. Note also - the owner's receipt will generally be more important that the actual method of delivery - meaning, even if a lien claimant has improperly sent the notice, that notice may still be effective if it's actually received by the owner. Regarding the payment dispute - a mechanics lien won't be invalidated simply because there's a dispute as to what's owed. Certainly, it's possible to dispute the amount on a lien claim - and an owner may be able to prove that the amount of the lien claim is overstated due to defective work. But, that's still a dispute to be had, and as long as a claimant hasn't clearly exaggerated or intentionally overstated their lien claim, that lien will sill typically be valid and enforceable. More on that principle here: Do I Still Have Lien Rights If There Is a Dispute as to What I Am Owed? Finally, I think this resource will be helpful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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