Minnesota Lien Claimant’s Notice Form

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Get help filing your Minnesota Preliminary Notice

Within 45 days of first furnishing labor and/or materials to a Minnesota construction project, any party who did not contract with the property owner must serve a Lien Claimant’s Notice to preserve their lien rights. This preliminary notice form is for use by subcontractors and suppliers on private construction projects in Minnesota.

About the Minnesota Lien Claimant’s Notice Form

Minnesota requires subcontractors and suppliers to send a pre-lien or preliminary notice to the property owner or the owner’s authorized agent. Sending this Minnesota preliminary notice is a requirement in order to retain the right to file a mechanics lien if they are unpaid. This notice informs the property owner that the subcontractor or supplier will have the right to file a lien claim if the owner does not pay them for their work or materials.

While state law allows personal delivery of this form, it is generally good practice to send it by certified mail. This allows potential claimants to document their compliance with the requirement.

Failing to deliver notice according to the statutory requirements is fatal to a party’s right to file a mechanics lien in Minnesota if they do not receive payment.

Minnesota requires specific language on this notice, which is outlined in MN Statutes §514.011. This form download, prepared by construction lawyers, meets the statutory requirements.

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Rules and regulations for sending a Minnesota Preliminary Notice

Deadline for Property Owner / Public Entity General Contractor to send the Minnesota Preliminary Notice

45 days after

First Furnishing Date

All parties who do not contract directly with the property owner must serve a Lien Claimant's Notice within at least 45 days of first furnishing labor and/or materials to a project. Best protection is to serve this immediately. Service of the notice must be by certified mail, and it must meet statutory requirements.

Information that goes on Minnesota Preliminary Notice

Estimated Total Contract Amount

Please provide the actual total contract amount for this project or your best estimate of value of the labor or materials to be furnished.

Date Labor or Materials First Delivered

This is the first date you were on the project working or the first date you delivered material to the project.

Date Labor or Materials Last Delivered

This is the last date you were on the project working or the last date you delivered material to the project.

Description of Labor

Describe your contribution to the project as if you’re speaking to someone who isn’t in the construction industry. For examples, go to levelset.com/description-of-labor

Who should you send this notice to?

Mail to the Property Owner / Public Entity General Contractor with Affidavit of Service

After completing the Minnesota Lien Claimant’s Notice Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.

Others are asking about Minnesota Preliminary Notice

What is the next step after Preliminary notice has been sent?

I recommend a law suit. It is likely to late to file a lien as it is past the 120 day mark.

Answered by William Cottrell | Owner

Hello My Question? I filed a Preliminary lien on a few projects, but may need a Preliminary Claimants Notice.

You use terms in your question that are not common in Minnesota mechanics’ lien law, so it’s difficult to understand whether your question might apply to contractual obligations with your upstream contractor or something to do with collecting money owed to you. Minnesota does not have a “Preliminary Lien” nor does it have a “Preliminary Claimants Notice” as requirements in its mechanics’ lien law. Minnesota doesn’t require an Intent to Lien Notice, though many other states do.

My recommendation is that you contact an attorney knowledgeable with Minnesota mechanics’ lien laws to review what you’re trying to do and have done. Minnesota law is very date specific so delays in getting this done correctly could jeopardize your lien rights.

Answered by Bill Gschwind | Attorney

Can I still file a lien?

It is too late but you can still sue them for the money they owe you. Liens have to be filed within 120 days of last efforts and if you work thru a contractor and not direct with the owner you often have to prelien it. I could sue the entity that owes you the money for you.

Answered by William Cottrell | Owner

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Describe the situation

Other forms to use in Minnesota

Minnesota Final Conditional Lien Waiver Form

Minnesota Final Unconditional Lien Waiver Form

Minnesota Lien Claimant’s Notice Form

Minnesota Mechanics Lien Form

Minnesota Notice of Claim on Payment Bond Form

Minnesota Notice of Intent to Lien Form

Minnesota Notice of Lien Rights Form for Prime Contractors

Minnesota Partial Conditional Lien Waiver Form

Minnesota Partial Unconditional Lien Waiver Form

Minnesota County Recorders

Looking to file/record a mechanics lien in Minnesota? You'll need to get your Minnesota mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Minnesota. Click on any county to find more information about how to get your lien recorded in that county.