How long do I have to file a mechanic's lien on the property? What county: where work performed, or my business? What if partial payment was made, but balance due is not being paid? Deceased husband unable to finish project.
There's a lot to unpack here, so let's take it one issue at a time.
Minnesota preliminary notice requirements
In Minnesota, in order to have the right to file a mechanics lien there may be some preliminary notice requirements. For general contractors (direct contractors who hired subs or suppliers on the project) there must be specific notice language contained within the contract or provided within 10 days after agreeing to perform the work. For all other project participants (subs, suppliers, equipment lessors), a preliminary notice must be provided within 45 days of first furnishing labor and/or materials to the project.
If these notice requirements haven't been met, then the claimant loses their right to file a mechanics lien. If this is the case, check out this article for other options to recover payment: Can't File a Lien? Here Are Some Other Options
Lien filing deadlines in Minnesota
If the claimant has met the notice requirements, then the deadline to file a mechanics lien in MN is 120 days from the last date of furnishing labor and/or materials to the project. This is a hard deadline, if the claim isn't filed within this timeframe, then lien rights are lost.
Where to file a MN mechanics lien
Lien claims are required to be filed in the county recorder's office where the project/property was located. Click here for a full list of all MN county recorder's offices.
Amount to be claimed
The amount that can be claimed under a MN mechanics lien shouldn't exceed the contract price and any approved change orders. If partial payments have been made and/or lien waivers have been signed, then those amounts should be deducted.
For a full breakdown of the process, see: How to File a Mechanics Lien in Minnesota | A Step-by-Step Guide; or you can file the claim directly through the Levelset platform.
Hope this helps! Good luck!