Minnesota Notice of Lien Rights Form for Prime Contractors
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Get help filing your Minnesota Preliminary Notice
In Minnesota, prime contractors must provide notice of lien rights to the property owner within 10 days after reaching a work agreement.
This notice may be included in the construction contract. However, in the absence of a written contract, a GC’s preliminary notice “must be prepared separately and delivered personally or by certified mail to the owner or the owner’s authorized agent within ten days after the work of improvement is agreed upon.”
General contractors may use this Prime Contractor Notice of Lien Rights form to satisfy their preliminary notice requirements in Minnesota. If not included in the contract, this preliminary notice must be sent by certified mail or delivered by hand. However, delivering notices by certified mail is recommended, since its delivery can be documented.
Minnesota requires prime contractors, subcontractors, and suppliers to send a pre-lien or preliminary notice to parties up the payment chain in order to retain the right to file a mechanics lien if they are unpaid.
Information required on a Minnesota Notice of Lien Rights form
The prime contract or preliminary notice must contain the following language:
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.
Whether in the contract or in a separate notice, the statements above must be in at least 10-point bold type (if printed) or in capital letters (if typewritten).
If a contractor fails to deliver preliminary notice appropriately, they will lose their right to file a mechanics lien in Minnesota in the event that they are not paid.
This form meets the statutory requirements set forth in MN Statutes §514.011.
Looking for a different form?
Try the Minnesota Lien Claimant’s Notice Form – for use by subcontractors and suppliers.
Rules and regulations for sending a Minnesota Preliminary Notice
Those who contract directly with the owner, and who will or have contracted with any other subcontractor or supplier to provide labor, skill or materials to the project, must furnish a General Contractor's Notice to the property owner at the time of contracting. It must be included in any written contract. If there is no written contract, it must be delivered to the property owner within 10 days after work has been agreed upon. This deadline marks the end of the 10-day period after the date of the contract.
After completing the Minnesota Notice of Lien Rights Form for Prime Contractors, 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.
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.
Can I still file a lien?
View more Preliminary Notice Minnesota questions
Other forms to use in Minnesota
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.
Anoka
Benton
Carver
Cass
303 Minnesota Avenue W
Walker, Minnesota, 56484
phone: 2185477381
fax:
Chisago
313 N. Main St. Room 277
Center City, Minnesota, 55012
phone: 651-213-8580
fax:
Crow Wing
326 Laurel St. Suite 11
Brainerd, Minnesota, 56401
phone: (218) 824-1280
fax:
Dodge
721 Main Street North
Mantorville, Minnesota, 55955
phone: 507-635-6250
fax:
Freeborn
Goodhue
509 W. 5th St.
Red Wing, Minnesota, 55066
phone: 651-385-3152
fax:
Hubbard
301 Court Avenue
Park Rapids, Minnesota, 56470
phone: 218-732-3552
fax:
Kandiyohi
400 Benson Ave SW
Willmar, Minnesota, 56201
phone: (320) 231-6223
fax:
Koochiching
715 4th Street
International Falls, Minnesota, 56649
phone: 218-283-1193
fax:
Lake of the Woods
206 8th Ave SE
Baudette, Minnesota, 56623
phone: (218) 634-1902
fax:
Le Sueur
88 South Park Avenue
Le Center, Minnesota, 56057
phone: (507) 357-2251
fax:
Meeker
Mille Lacs
Morrison
Nicollet
501 South Minnesota Ave
Saint Peter, Minnesota, 56082
phone: (507) 934-7322
fax:
Pennington
101 Main Ave N
Thief River Falls, Minnesota, 56701
phone: (218) 683-7027
fax:
Pope
Ramsey
Renville
500 E. DePue Ave. Suite 203
Olivia, Minnesota, 56277
phone: 320-523-3669
fax:
Sherburne
St Louis
100 north 5th ave w room 101
duluth, Minnesota, 55802
phone:
fax:
Stearns
Steele
Waseca
Washington
14949 62nd St N
Stillwater, Minnesota, 55082
phone: (651) 430-6755
fax:
Wright
10 Second St. NW
Buffalo, Minnesota, 55313
phone: (763) 682-7357
fax: