Minnesota Lien Claimant’s Notice Form

Yes, general contractors in Minnesota are required to have the General Contractor Notice of Lien Rights incorporated into their contract. The specific language and formatting requirements can be found in Minn. Stat. §514.011(subd. 1). If not contained in your contract, or if there was no written contract, this notice can be provided separately within 10 days of executing the contract. There are a few minor exceptions to this requirement. But generally speaking, failure to send this notice will be fatal to your lien rights. For more information, visit Minnesota Preliminary Notice Guide & FAQs

Minnesota sets the required language of preliminary notices by statute. § 514.011 Subd. 2. states that every party who does not contract directly with the property owner: "must, as a necessary prerequisite to the validity of any claim or lien" provide a preliminary notice in a particular form. The required form includes the statement "To the best of our knowledge, we estimate our charges will be ………………………… (value of service or material)." Accordingly, the plain text of the law requires a (good faith) estimate of the total charges. While this doesn't necessarily mean that the number must be completely exact, it can be dangerous to enter a drastically reduced estimated amount. The value of a mechanics lien in Minnesota, should one become necessary, is the value of the work done / materials provided. However, a party defending against a subsequent lien claim would surely use the the fictitious $1 contract amount as a defense against the lien 1) in that there was not a good faith effort to comply with the notice requirement, which is designed to give a property owner visibility into potential lien liability; and 2) that the value of the work was limited to that estimated amount (or close to it) and that, accordingly, the lien is either overstated or the claimant has been sufficiently paid for the work. It would likely be less risky to include the marked-up amount, as that is a closer representation of the total lien liability for the project related to the claimant's work. It is never best practice to intentionally include incorrect information on a notice or lien document, however. From a practical standpoint, however, it is generally unlikely that a slightly inflated preliminary notice (NOT lien) would invalidate any future lien claim, as only an estimate of the work to be provided is necessary.

Minnesota preliminary notices

The Minnesota preliminary notice (or pre-lien) requirements are found under Minn. Stat. §514.011. The requirements can vary depending on the claimant's role in the project. Failure to provide either of these required notices can be fatal to your lien rights. There are some exceptions that can be found here, but the general rules are as follows.

General/Direct Contractors in MN

The required notice language should be included in the contract with the owner or separately within 10 days of agreeing on the work. The notice language should be in 10pt, bold font, and state:

• Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice.

Subcontractors in MN

Subcontractors are required to serve a Minnesota Lien Claimant's Notice on the owner no later than 45 days of when the claimant first furnished labor, skill, or materials to the project. So the 45-day clock will begin to count from the first day on the project. This notice must be served either personally or by certified mail.

• Download a free MN Lien Claimant's Notice form

Wisconsin preliminary notices

The Wisconsin preliminary notice requirements are found under Wis. Stat. §779.02. Again, these requirements change depending on your project role.

General/direct contractors in WI

The required notice language should be included in the contract with the owner. If there is no written contract, this notice can be served separately within 10 days after the first labor, services, materials, plans, or specifications are performed.  If serving separately, it must be done personally or by registered or certified mail.

• Download a WI Notice of Lien Rights by Prime Contractor form here

Failure to send this notice is fatal to lien rights unless (1) the contractor pays all subs and suppliers within 6 months after they last provided labor/materials to the project, and (2) no subs or suppliers provided preliminary notice within the required timeframe.

Subcontractors in WI

A subcontractor must provide preliminary notice if the project is residential property of 4 or fewer units and the prime contractor is not the owner. This should be provided to the owner within 60 days after performing, furnishing, or procuring the first labor, services, materials, plans, or specifications. Two copies of this notice must be served personally or by registered or certified mail. Sending late notice isn't fatal to the claimant's lien rights, but it will only cover the value of labor and materials provided after the notice.

• Download a WI Subcontractor Identification Notice form here

WI Notice of Intent to Lien requirements

All claimants in Wisconsin, must send a Notice of Intent to File a Claim of Lien at least 30 days before filing a lien claim. This is a strict rule, a lien cannot be filed unless this notice was provided at least 30 days prior.

• Download a WI Notice of Intent to File a Claim of Lien here

  *In any case, and regardless of which state you're working in, the earlier you send a preliminary notice, the better. In fact, even if not required, it's a good idea to send one anyways. This will help promote visibility on the project and get you paid faster.

Additional resources

• How to File a Minnesota Mechanics Lien | A Step-by-Step Guide
• How to File a Wisconsin Mechanics Lien | A Step-by-Step Guide