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What constitutes the last day of work?

In Minnesota, our general contractor pulled off the job on May 30, 2019. They left two large shipping containers, a construction fence, and a gang box on-site. They have not been on the job since. We cancelled the AIA contract with the GC because of substantial breach on December 6, 2019. On January 3, 2020 - they had their sub remove the shipping containers. On the Mechanics Lien they filed on January 24, 2020, they wrote that the last day of work was January 3, 2020. Does the fact that they left shipping containers on the job site infer that they were still providing labor and materials to improve the property?

1 reply

Feb 6, 2020

Generally, a last furnishing date will be the last date when labor or materials were furnished to the job site in pursuit of the completion of the project. And, simply leaving tools and materials on the job site should not work to extend the timeframe for filing a mechanics lien. The same is largely true for minor work, punch list work, or warranty work - if the work wasn't substantial, usually, that work won't serve as the last furnishing date. And, it appears that Minnesota courts haven't been particularly lenient on that front: Minnesota Mechanics Lien Case Holds Repair Work May Extend Lien Period. Minnesota's lien deadline is discussed in further detail here: When is the deadline to file a Minnesota Mechanics Lien?

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