Few things create more frustration on a construction project than nonpayment. Whether you’re a general contractor, subcontractor, or supplier, Minnesota law provides a powerful—but technical—tool to help you get paid: the mechanics lien. Properly followed, it secures your right to payment by placing a legal claim on the property you improved. But miss a deadline or notice, and that right disappears entirely.
The governing law—Minnesota Statutes Chapter 514, particularly §§ 514.011 and 514.08—imposes strict timelines. Understanding them is essential for anyone working on a project in Minnesota.
The 45-Day Pre-Lien Notice for Subcontractors
Subcontractors and suppliers who do not contract directly with the owner must serve a written pre-lien notice within 45 days of first furnishing labor, skill, or materials to the project (Minn. Stat. § 514.011, subd. 2).
This notice, delivered personally or by certified mail, alerts the property owner that unpaid lower-tier parties may file a lien if they are not paid.
Failing to serve this notice on time generally invalidates the lien. Minnesota courts enforce this strictly—see Marque Plumbing, Inc. v. Barris, 380 N.W.2d 174 (Minn. Ct. App. 1986)—though the statute allows a narrow exception if the claimant made a good-faith effort to comply and the owner suffered no prejudice.
Prime contractors who contract directly with the owner must instead include statutory pre-lien language in the written contract before work begins.
The 120-Day Lien Statement Deadline under § 514.08
Even with proper pre-lien notice, lien rights vanish unless a lien statement is both filed and served within 120 days after the last item of labor, skill, or material is furnished to the project (Minn. Stat. § 514.08, subd. 1).
The lien statement must include:
- The property’s legal description,
- The name of the owner,
- The party for whom the work was done,
- The amount claimed,
- The date of the last item furnished, and
- A sworn statement that the work or materials were provided for the improvement of the property.
The statement must be verified under oath and filed with the county recorder (or registrar of titles for Torrens property). A copy must also be served on the owner or the owner’s agent by personal service or certified mail within the same 120-day window.
Failure to comply with these requirements means “the lien ceases to exist,” as confirmed by the Minnesota Supreme Court in Eclipse Architectural Group, Inc. v. Lam, 814 N.W.2d 692 (Minn. 2012).
One-Year Enforcement Period
Filing a lien statement preserves the right—but it doesn’t enforce it. To foreclose and collect payment, the lien claimant must commence a civil action within one year after the last item of labor or material was furnished. After that one-year mark, the lien expires automatically.
Common Pitfalls
- Late or missing pre-lien notice: The 45-day clock starts ticking when you first deliver materials or perform work, not when you issue the first invoice.
- Incorrect property description: An incomplete or wrong legal description can invalidate the lien entirely.
- Failure to serve the owner: Recording alone is not enough—service is equally required under § 514.08.
- Oral change orders: Unwritten “extra work” may not extend lien deadlines, even if payment is disputed.
Each of these mistakes can erase an otherwise valid claim.
What Owners Should Know
Owners also have tools to protect themselves.
They may:
- Require lien waivers with each progress payment,
- Demand disclosure statements identifying all subcontractors and suppliers, and
- Bond off a lien under § 514.10 to keep the project moving.
Proper documentation and communication minimize surprise liens and help ensure that payments flow correctly down the project chain.
The Bottom Line
Minnesota’s mechanics lien process rewards precision and punishes delay. Subcontractors must:
- Serve a pre-lien notice within 45 days of first furnishing labor or materials (§ 514.011), and
- File and serve a lien statement within 120 days after last furnishing (§ 514.08).
Miss either step, and the lien ceases to exist.
For contractors, owners, and design professionals alike, careful compliance isn’t optional—it’s essential. At Lommen Abdo, we help clients draft compliant notices, prepare lien statements, and resolve payment disputes efficiently. Understanding these statutory timelines is the surest way to protect your bottom line—and keep your next project on solid legal ground. Contact us today.