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What is considered "Permanent Changes to a Property" to file a pre-lien?

I completed a water damage wok for a home, the rebuild is still in progress by the homeowner with my assistance in writing the scope of work, going over the scope of work with the insurance company and the homeowner. Last week I was at the house verifying measurments for the homeowner and insurance company, I need to give them a pre-lien notice. I should of given the pre-lien notice What work must I perform at the house to qualify for "Permanent Changes" or which of the following will qualify me to give a pre-lien? Change outlet covers? Take more measurements? Or what else would qualify to pre-lien the house (I think the pre-lien must be filed within 10 days of last work?)

1 reply

Mar 6, 2020

Generally, a "permanent improvement" will refer to a lasting physical change in the property. So, simply measuring the job site or doing regular required maintenance would likely not give rise to mechanics lien rights - though repairs might. Changing outlet covers would be more in line with lienable work since that'd be supplying some materials and performing some labor that physically changes the property. However, for work that's very minimal in nature, I'm not sure that'd be enough to trigger mechanics lien rights in some way.

A Minnesota pre-lien is not a payment claim - it's an informational notice

I think "qualifying" to pre-lien a house isn't the right way to think about sending the pre-lien/preliminary notice. A "pre-lien" isn't a claim, and a claimant doesn't need to qualify to send one. Rather, it's just an informational document that gets mailed to other project participants, letting them know you're working on the job. Really - anyone performing work can (and likely should) send a pre-lien, regardless of what's required. Now, if the pre-lien is required by law, then the party who sent it will be entitled to mechanics lien rights later on (if necessary). That is, as long as they've done lienable work. I think this resource will help to frame how preliminary notices (like a Minnesota pre-lien) work: General Preliminary Notices FAQs & Resources. Finally, it sounds like this might be a re-posting or follow-up from another recent question, so this past Expert Center question and answer might provide some helpful context here: What counts as work done at a home that allows me to file a lien?

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