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What is the Minnesota statue that forbids the waiving of the right to file a mechanics lien?

MinnesotaLien Waivers

What is the Minnesota statue that addresses the following: Minnesota specifically forbids the waiving of the right to file a mechanics lien or make a claim against a payment bond prior to the actual receipt of payment. Any such waiver is void and unenforceable. However, the statute specifically notes that the waiver may be valid as to any third party that relied on the waiver to his/her own detriment.

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Oct 9, 2020

Minnesota's lien statutes do not specifically state consideration is required for a lien waiver to be valid. However, there is a substantial amount of case law that has held consideration is required for a valid lien waiver.

Here are a few cases which held that Minnesota lien waivers must be based upon consideration Sussel Co. v. First Fed. Sav. and Loan Ass'n of St. Paul , McLellan v. Hamernick , & Project Plumbing Co. v. St. Croix Properties, Inc. 

For more information on waivers, you can visit our Ultimate Guide to Lien Waivers 

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