Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Minnesota
Minnesota
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Minnesota Quick Overview
| Pursuant Code | Minnesota Statutes §§ 514.01 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | No | |
| MN Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 6 months to 1 year | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | ||
| Prelien Minimum Information | Legal description of the property, name and address of the claimant and contracting party, description of services or materials, and statutory warning. | |
| Prelien Minimum Notifications | Owner, and for subcontractors and suppliers, also to the prime contractor or the party with whom they contracted | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in Minnesota by Role
Minnesota requires a preliminary (pre-lien) notice for subcontractors and suppliers on residential and certain small commercial projects. Timing and format requirements are strict, especially for lower-tier parties.
Possible Exceptions, Special Circumstances, and Caveats in Minnesota
Owner Occupied Residential: Notice is required if the project is for an owner-occupied dwelling.
Residential: Residential projects of fewer than 5,000 square feet or owner-occupied dwellings trigger special preliminary notice requirements.
Mechanic's Liens in Minnesota
In Minnesota, a mechanics lien must be filed and served on the property owner (and owner's agent) within 120 days after the claimant last furnished labor, skill, or materials for a project. To enforce the lien, the claimant must initiate a foreclosure action within 1 year of last furnishing labor or materials. Pre-lien notice requirements apply to non-commercial and certain smaller commercial projects (5,000 square feet or less), and must be included in the written contract or separately served shortly after work begins.
Bond Claims in Minnesota
On public projects in Minnesota, claimants seeking recovery under a payment bond must comply with the specific notice and filing requirements outlined by the project's bond terms and Minnesota Statutes, often requiring a formal notice of claim to be given to the surety and/or contracting authority within a defined timeframe after last furnishing labor or materials. Enforcement actions must be filed within a strict statutory period following completion or final furnishing.
Construction Lien Waivers in Minnesota
Required Format: Minnesota does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Minnesota does not require waivers to be notarized.
Minnesota statutes are silent on statutory lien waivers. Parties are free to negotiate the terms of lien waivers contractually. However, waivers must not be coerced as a condition of payment unless specifically agreed upon.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Minnesota counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Minnesota
Frequently Asked Questions (FAQs) on Minnesota Lien Processes for Contractors
Is a preliminary notice required to preserve lien rights in Minnesota?
Yes. A pre-lien notice is generally required for residential and smaller commercial projects (5,000 sq. ft. or less), and must either be part of the written contract or separately served within 10 days of agreement or 45 days after first furnishing, depending on the contractor's role.
How long do I have to file a mechanics lien in Minnesota?
A mechanics lien must be filed and served within 120 days of the last date of furnishing labor, skill, or materials to the project.
Can I file a lien without a written contract in Minnesota?
Yes, but if there is no written contract, the pre-lien notice must be separately served within 10 days of the work agreement if applicable, and you must still follow the filing and service deadlines.
What happens if I miss the 120-day filing deadline for a Minnesota lien?
If the lien is not filed and served within 120 days of last furnishing, lien rights are forfeited, and no mechanics lien can be claimed.
How long do I have to enforce a lien once it is filed in Minnesota?
You must file an action to foreclose the lien within 1 year of the last date labor or materials were furnished to the project, or the lien will expire.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
