Minnesota mechanic's lien and public bond deadlines: 45 days, 120 days and one year

Minnesota's mechanic's lien law, Chapter 514, protects people who improve private property. On public jobs, the Public Contractors' Performance and Payment Bond Act, Minn. Stat. §§ 574.26 to 574.32, protects subcontractors and suppliers instead. Missing a deadline can end a claim.

This is a summary, not legal advice. Talk to a Minnesota construction attorney about a specific project.

Pre-lien notices

Contractors (§ 514.011, subd. 1). A contractor who contracts with the owner and uses subcontractors or suppliers must put the statutory notice in the written contract with the owner and give the owner a copy. If there is no written contract, the notice must be delivered personally or by certified mail within 10 days after the work is agreed upon.

Subcontractors and suppliers (§ 514.011, subd. 2). Anyone entitled to a lien who does not have a direct contract with the owner must, as a prerequisite to a valid lien, give the owner written notice by personal delivery or certified mail no later than 45 days after first furnishing labor, skill or materials.

Exceptions. The notice is not required for some larger nonresidential projects. Subdivision 4c exempts non-agricultural, wholly or partially nonresidential improvements that add more than 5,000 usable square feet, or that improve property with more than 5,000 usable square feet. Subdivision 4b has a separate exception for certain multiple dwellings.

Recording the lien: 120 days

Under § 514.08, the lien ends 120 days after the last work or the last item of skill, material or machinery is furnished. To keep it, the claimant must file a lien statement with the county recorder, or the registrar of titles for registered land, within that period. The statement must also be served personally or by certified mail within the 120 days on the owner, the owner's agent or the person who contracted with the contractor.

Enforcing: one year

Section 514.12 says no lien may be enforced unless the holder files a complaint or answer with the court administrator within one year after the date of the last item of the claim in the recorded lien statement.

Public projects: bonds

Under § 574.26, a contract with a public body for public work is not valid unless the contractor gives a performance bond and a payment bond. Exceptions include contracts below the amount in § 471.345, subd. 3. Each bond's penalty must be at least the contract price. The commissioner of administration and the commissioner of transportation may set it lower, but not below three-quarters of the contract price.

Bond claims: 120 days, then one year

Section 574.31 says no action may be maintained on a payment bond unless the claimant serves written notice of claim on the surety and the contractor, personally or by certified mail, within 120 days after its last labor and materials for the public work. The notice goes to the addresses listed on the bond. A lawsuit against the surety must be started within one year from the claimant's last labor and materials. The parties can extend that deadline by a written stipulation signed before it runs out.

If the contractor did not file the bond with both its own and the surety's address as required by § 574.28, the claimant does not need to give the notice. The one-year deadline still applies.

Checklist

• Subs and suppliers on smaller and residential jobs: give the owner the pre-lien notice within 45 days of first furnishing.
• Record and serve the lien statement within 120 days of last furnishing.
• Sue to enforce within one year.
• On public work: serve the bond claim notice within 120 days and sue within one year.

This site's Minnesota lien guide links each statute.