“Levelset takes something that is pretty complex and makes it easy.”
$29 for a limited time
General contractors must send notice on private projects.
Preliminary notices in Minnesota, no matter which notice, are only required to be given to the property owner (or the property owner's authorized agent).
General contractors aren't required to submit preliminary notice on public projects.
Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
Subcontractors and suppliers must send preliminary notice on private projects.
Subcontractors and suppliers are not required to send notice on public projects.
Yes. Unless an exception applies, Minnesota requires lien claimants to send a preliminary notice. General contractors who contract directly with the owner are required to provide the owner with a General Contractor’s Notice, unless one of the many exceptions applies. This notice is generally included in the written contract with the owner of the property, but if it is not (or no written contract is entered into with the owner) the notice must be prepared separately and delivered personally or by certified mail within 10 days after the work is agreed upon.
Every party who does not have a contract with the owner of the property (subs, suppliers, and others) must provide the owner with a Lien Claimant’s Notice. This may also be required of a general contractor who entered into a contract with one, but not all, of the owners of a certain property. As with the General Contractor’s Notice, there are many exceptions. When required, however, the notice must be delivered personally or by certified mail within 45 days after the first furnishing of labor and/or materials to the lien project by the lien claimant.
The General Contractor’s Notice is generally included in the written contract with the owner of the property, but if it is not (or no written contract is entered into with the owner) the notice must be prepared separately and delivered personally or by certified mail within 10 days after the work is agreed upon. The Lien Claimant’s Notice must be delivered personally or by certified mail within 45 days from the first furnishing of labor and/or materials to the project by the lien claimant. However, even though a notice sent anytime within the 45-day period is timely, it may not fully protect a potential lien claimant. In Minnesota, the total amount of liens on a project may be reduced by the amount paid by the owner to the general contractor prior to receiving the Lien Claimant’s Notice. This provides motivation for all potential lien claimants to provide their preliminary notice to the owner as soon as possible.
If required, failure to send the General Contractor’s Notice timely is fatal to a lien claim in Minnesota. Similarly, if required, failure to send the Lien Claimant’s Notice timely is fatal to a lien claim in Minnesota.
If not included in a written contract between the owner and the general contractor, the General Contractor’s Notice must be delivered to the owner personally or by certified mail. The Lien Claimant’s Notice must be delivered personally or by certified mail.
No. Preliminary notice in Minnesota must only be provided to the property owner (or owner’s agent). However, sending this notice to the general contractor (and potentially other parties up the payment chain) is considered the best practice to increase visibility and communication on the project.
Minnesota notices are considered delivered when sent by certified mail.
No. Preliminary notice is not required to make a bond claim on a public project in Minnesota. However, any party may send a preliminary notice if he/she wishes.
N/A
N/A
N/A
N/A
I recommend a law suit. It is likely to late to file a lien as it is past the 120 day mark.
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.
Minnesota generally requires all participants on a construction project to provide preliminary notice. General contractors, subcontractors, and suppliers are all required to provide notice to the property owner (or their agent) that they have the right to file a lien if unpaid.
In Minnesota, the GC’s notice is usually included in the construction contract. However, when parties aren’t working from a written contract, or the notice isn’t included, they must send the notice by certified mail or deliver it personally within 10 days after the work is agreed upon.
However, there are many exceptions to the general contractor’s notice requirement. If none of the exceptions apply, however, a general contractor must provide the owner with a general contractor’s notice.
Minnesota law is quite strict about this compared with other states. Preliminary notices are generally visibility documents, designed to give property owners information about the participants on construction jobs that would otherwise be “hidden.” As a result, it is relatively rare that direct contractors (GCs, primes, and others who contract directly with the owner) need to provide preliminary notice.
Potential exceptions can apply to a GC’s Minnesota preliminary notice requirements if:
Download a free Minnesota Notice of Lien Rights Form for prime contractors.
Those who did not contract directly with the property owner must send preliminary notice within 45 days of first furnishing labor/materials to the construction project. General contractors may also need to send this notice if they contracted with one, but not all, property owners.
Like the general contractor’s notice, there are some exceptions to whether this notice needs to be sent. It is best practice, however, to send even if an exception applies. There are many reasons to send a preliminary notice even when it’s not specifically required, but the best reason is that by promoting visibility on a project, and making clear from whom lien waivers should be obtained, the payment process can be sped up.
Download a free Minnesota Lien Claimant’s Notice form for subcontractors and suppliers.
Before you begin, read the guide to preliminary notice guide for Minnesota. The guide walks you through the essentials of the preliminary notice, and it informs you of who needs to send notice, what information must be included in the notice, who receives the notice, and when you need to send the notice.
In Minnesota, the notice you send depends on who you’re contracted with. General contractors need to send a general contractor’s notice, and subcontractors and suppliers must send a lien claimant’s notice.
No matter which notice you need, you can find it on the Construction Payment Resources page for Minnesota.
This part can get tricky. Minnesota construction law is strict about the information that you include on your notice, and making a mistake could invalidate your right to file a mechanics lien later. Make sure the information you write on the form is 100% correct.
Preliminary notices in Minnesota can be sent via personal service or certified mail, return receipt requested. If the notice isn’t included in the contract, send it within the required deadline according to your role in the project to the property owner.
Select Preliminary Notice document.
Provide basic job information.
Levelset sends the document for you. Postage included!