Minnesota Mechanic’s Lien Rights: A Complete Guide for Subcontractors

In Minnesota, mechanic’s lien rights extend to parties who contribute to the improvement of real private property, including:

• General (original) contractors
• Subcontractors and lower-tier subcontractors
• Material suppliers and vendors
• Laborers and tradespeople
• Engineers or land surveyors
• Equipment and machinery providers
• Miners and parties working on qualifying utility or line projects

To be eligible for a mechanic's lien in Minnesota, your work must fit into the approved lienable work category for updates to real estate. Here are some examples of work that fall into that category and others that don’t.

Lienable Work in Minnesota

• Construction, alteration, repair, or removal of buildings or structures
• Engineering and land surveying services
• Excavation, grading, filling, and site preparation
• Landscaping, sod, soil, trees, shrubs, and planting labor
• Installation or repair of utilities, pipes, conduits, sewers, and drainage
• Sidewalks, curbs, paving, gutters, and related work
• Railways, pipelines, telecommunication, and utility lines
• Labor, materials, or machinery furnished for a qualifying improvement

Non-Lienable Work in Minnesota

• Work on public projects
• Purely administrative or overhead services
• Machinery repair unrelated to improving the property
• Waste removal or cleanup services not tied to construction

Before filing a lien in Minnesota, make sure you’ve met any preliminary notice requirements that apply to your role (see table above).

Deadline to File

All claimants must file a Statement of Lien Claim within 120 days after the last furnishing of labor, materials, skill, or machinery.

Filing Requirements

• Filing location: County recorder where the property is located; registrar of titles in the county where the property is located for registered land; Secretary of State for railway and line construction.
• Form requirements: The Statement of Lien Claim form must include:
  • Notice of intent to claim and hold a lien
  • Lien amount claimed
  • Description of labor, materials, or services provided
  • Name of the person or entity the claimant contracted with
  • First and last dates of furnishing
  • Legal or reasonably identifiable property description
  • Name of the owner (to the best of the claimant’s knowledge)
  • Claimant’s name and mailing address
  • Statement confirming the required preliminary notice was given, if applicable
• Verification: The lien statement must be signed under oath by someone with knowledge of the facts, as well as notarized.
• Filing fee: Varies by county recorder.

Service Requirements

A copy of the recorded lien statement must be personally served or sent by certified mail to the property owner, the owner’s authorized agent, or the party who contracted with the claimant within 120 days after the last furnishing of labor or materials (Minn. Stat. § 514.08, subd. 1).

Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Minnesota.

Enforcement Procedures

• Enforcement deadline: A foreclosure action must be filed within one year after the last furnishing of labor or materials listed in the lien statement.
• Additional filing: A notice of lis pendens must be recorded at the start of the enforcement action to preserve priority against later buyers or lenders.
• Filing location: Minnesota District Court in the county where the property is located.
• Lien priority: Lien priority generally relates back to the first visible improvement on the project. When multiple liens exist, valid lienholders share the sale of the proceeds proportionally rather than by filing order.

Lien Release Requirements

Once the lien is paid, bonded off, or otherwise satisfied, the lien claimant should record a written satisfaction or release in the same office where the lien was recorded to clear title to the property.