Sending a Minnesota preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in Minnesota.
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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.
TopicIf you're sending preliminary notices in Minnesota, it's important to get all the details right according to Minnesota statutes. If you've received a pre-lien notice in Minnesota, it's important to know what you're looking at and know what to do in followup. Since prelims are subject to a lot of rules and requirements, and Minnesota has some pretty complex exceptions to the general notice requirements, this can all be difficult.
These are some frequently asked questions about the Minnesota preliminary notice process, with answers written by construction lawyers and payment experts in Minnesota.
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).
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.
I recommend a law suit. It is likely to late to file a lien as it is past the 120 day mark.
Answered by William Cottrell | OwnerYou 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.
Answered by Bill Gschwind | Attorney https://www.levelset.com/payment-help/question/can-i-still-file-a-lien-7/It is too late but you can still sue them for the money they owe you. Liens have to be filed within 120 days of last efforts and if you work thru a contractor and not direct with the owner you often have to prelien it. I could sue the entity that owes you the money for you.
Answered by William Cottrell | OwnerMinnesota 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:
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.
