Minnesota Mechanics Lien And Foreclosure Lawyer

Mechanics Lien and Foreclosure Attorney in Minnesota

Minnesota boasts a proud construction industry. From the towering skyscrapers in downtown Minneapolis to home remodeling projects in St. Cloud, ensuring that you secure payment for your work can sometimes prove to be a challenge. When contractors, subcontractors, or architects go unpaid for their work, enforcing a mechanic’s lien may be the best way to recover what’s owed—and a Minnesota mechanic’s lien and foreclosure lawyer can guide you through that process.

At Minnesota Construction Law Services (MNCLS), our attorneys know just how hard it is to run your own business and how securing due payment can sometimes make or break your company. In some situations, foreclosure action may be necessary—and working with an experienced attorney ensures the process is handled correctly and within the strict deadlines set by Minnesota law.

Minnesota laws, as they relate to mechanic liens, are complicated, and there are several deadlines and requirements that will demand the attention of a skilled and inspirational legal team.

Enforcing Mechanics Liens to Recover Contractor Payments

Mechanics liens are one of the most effective collection tools available to contractors. Created by law, this tool helps you get paid for the work you’ve done—but it only works when used properly, under the right conditions, and with clear expectations.

At MNCLS, we understand how important timely payment is to your business. Enforcing your lien rights may be necessary to recover unpaid invoices, and we’re here to help ensure that process is carried out effectively.

We are well-versed in mechanics liens and understand the exact process contractors must follow in order to preserve their mechanics lien rights to maximize the odds of receiving the money they are owed. Although mechanics liens can be useful in some situations, they are not always the most practical or cost-effective method of collecting payment. Our extensive experience recording and enforcing mechanics liens for our clients enables us to help you understand which collection process is best for your circumstance.

• Complete the mechanics lien form
• Helping to file your mechanics liens in Minnesota
• Ensuring your lien process follows specific legal steps

Mechanic’s liens may be appropriate in a number of scenarios, including:

• Disputes with subcontractors. When you enter a job as a subcontractor, such as a plumber or electrician on a home build in places like Rochester or St. Cloud, and you are not paid for your work by the general contractor in charge of the build, you may be able to assert a mechanic’s lien against the property.
• Unpaid supply invoices. If you’re a materials supplier and delivered goods to a development in St. Paul or Minneapolis but were not paid, you may qualify to file a mechanic’s lien.
• Owners refusing to pay. If you completed work on a home build or remodel in Edina or Minnetonka and the property owner fails to pay, we can help you pursue payment through a mechanic’s lien or other legal remedies. An attorney can make all the difference in obtaining what you are legally owed.

What is Our Process?

Step One: Preparing lien

To assert your lien rights in Minnesota, a lien statement must be prepared that clearly details the work performed, the unpaid balance, and any other legally required information. Our team helps ensure the mechanics’ lien statement meets all statutory requirements. It must be recorded and served on the property owner within 120 days of your last day of work or material delivery.

Step Two: Potential litigation

If the unpaying party, or the debtor, does not voluntarily pay their debt upon receiving the lien statement and satisfying the lien, you may be forced to pursue litigation in order to foreclose the lien. The attorneys at MNCLS can help you take this necessary legal action should the case arise.

Step Three: Foreclosure

Should foreclosure become necessary, the attorneys at MNCLS can help initiate a court action to foreclosure the property due to the unpaid lien within a year of when the work was last performed on the property.

Common Issues in Mechanics Liens and Foreclosures

To file and enforce a mechanic’s lien in Minnesota, strict procedures must be followed. If you make a mistake—such as missing a deadline or providing incorrect notice—you may lose your lien rights entirely. Foreclosure actions can also be costly, so it’s important to weigh the value of the lien against other collection options. At MNCLS, we help contractors and construction professionals understand the process, evaluate alternatives, and make informed decisions.

Minnesota Laws and Mechanic Liens

In Minnesota, the right to file a mechanic’s lien is granted to those who furnish labor, materials, or services for a construction project. This includes contractors, subcontractors, engineers, architects, surveyors, and material suppliers. However, suppliers to suppliers and unlicensed individuals may not have lien rights under state law.

If you are a general contractor, you must provide the property owner a written pre-lien notice, along with a copy of the original contract, within 10 days of your initial request. Licensed general contractors must include the pre-lien notice in the construction contract. This notice must warn the property owner that, in addition to your lien, any suppliers or subcontractors attached to the work may also file liens if their invoices go unpaid.

For subcontractors, you must serve a pre-lien notice to the property owner via certified mail or by personal delivery within 45 days of furnishing the owner with materials or the required labor.

However, there are some exceptions to these laws. Pre-lien notices do not need to come into play with cases involving commercial spaces over 5,000 square feet, residential projects with more than four units, or projects where the contractor and property owner are managed by the same entity. However, if you fail to provide proper notice when it is required, the lien will most likely be invalidated.

Once a pre-lien notice has been given, your lien statement needs to be properly filed with the county recorder’s office for the county in which the property is located. This needs to occur within 120 days of the last day of material supply, furnishing of skill, or work. A copy of the lien must also be served on the property owner within the same timeframe, by personal delivery or certified mail.

Your lien statement must include:

• The property owner’s name
• A description of the property
• Your name
• The dates work began and ended
• A description of the labor or materials provided
• The unpaid amount owed

If the property owner does not comply with the lien, you still have several legal options. You may be able to file a legal claim against the owner, which can be filed with the district courts of the county in which the property is located, and an attorney from MNCLS can help.

If the owner agrees and pays the lien, you can then file a Satisfaction of Mechanic’s Lien with your county recorder. Though this action is not required under state law, it can clear the property title.

What Is Covered Under a Minnesota Mechanic’s Lien?

In Minnesota, a mechanic’s lien claim works to cover both labor and materials that have been furnished in a construction project. Under a claim, items that can be provided coverage also include:

• Equipment rentals. If any equipment was rented by the contractor in order to complete the construction project, these costs may be covered under the mechanic’s lien claim.
• Design services. If you are an engineer or architect and have provided design services for a construction project, your fees can also be included in a mechanic’s lien claim.
• Permits and other fees. If you, as a contractor or subcontractor, had to pay for necessary permits or other fees that were associated with the construction, these costs can be included under the mechanic’s lien claim.
• Materials. Any materials that were purchased in order to finish the construction project can be covered under a mechanic’s lien claim. This can include items such as lumber, roofing materials, concrete, plumbing materials, and more.
• Labor. In Minnesota, any labor that has been done on a construction project can be covered by a mechanic’s lien claim, including all kinds of plumbing or electrical work, carpentry, roofing, and more.

Speak With a Trusted Minnesota Mechanic’s Lien and Foreclosure Lawyer

At Minnesota Construction Law Services, we guide contractors, subcontractors, and suppliers through the complex process of filing and enforcing a mechanic’s lien. Whether you’re preparing a lien or considering foreclosure, we’re here to help you make an informed, business-minded decision.

Contact us today to schedule a consultation. Let us take the stress off your plate so you can stay focused on your business, not legal battles.