All Claimants — 120-Day Recording Deadline
Under Minnesota law, all mechanic lien claimants — general contractors, subcontractors, materialmen, and sub-subcontractors — must record a Statement of Mechanic's Lien Claim within 120 days of their last performance on the project.
The mechanic lien statement is recorded with the county recorder or registrar of titles in the county where the improved property is located. This 120-day deadline applies uniformly to all claimant types.
Certified Mail Notice — Required With Mechanic Lien Recording
In addition to recording the mechanic lien statement, all claimants must give notice by certified mail to the owner and the party that ordered the work within 120 days of last performance.
This certified mail notice runs concurrently with the mechanic lien recording deadline. Both obligations must be fulfilled within the same 120-day window to preserve valid mechanic lien rights.
Contractor-Specific Requirements
General contractors must ensure their preliminary notice obligations are satisfied before recording a mechanic lien. For written contracts, the statutory notice must be included in the contract (M.S.A. §514.0011(1)). For oral agreements, the 10-day written notice to the owner must have been served (M.S.A. §514.0011(2)).
Without satisfying these preliminary requirements, a contractor's mechanic lien statement may be defective or unenforceable even if timely recorded.
Subcontractor & Materialman Requirements
Subcontractors, materialmen, and sub-subcontractors must have served their Pre-Lien Notice within 45 days of first performance before the mechanic lien statement can be effectively recorded.
The mechanic lien statement should reference the pre-lien notice and demonstrate compliance with all prerequisite notice requirements under M.S.A. §514.011.
Public Projects — No Mechanic Lien Available
Mechanic liens cannot be filed against public property in Minnesota. On public construction projects, unpaid contractors, subcontractors, and material suppliers must pursue payment through a claim against the project's payment bond under M.S.A. §574.26 et seq.
Minnesota requires performance and payment bonds for the full amount of the contract on public works projects with limited exceptions.
Frequently Asked Questions
What is the deadline to file a mechanic lien in Minnesota?
All claimants must record a Statement of Mechanic's Lien Claim within 120 days of their last performance on the project.
Is the filing deadline the same for contractors and subcontractors?
Yes. The 120-day recording deadline applies uniformly to all claimant types — general contractors, subcontractors, materialmen, and sub-subcontractors.
Do I need to send notice when filing a Minnesota mechanic lien?
Yes. All claimants must give notice by certified mail to the owner and the party that ordered the work within 120 days of last performance, in addition to recording the mechanic lien statement.
What happens if I miss the 120-day deadline in Minnesota?
If you fail to record the mechanic lien statement within 120 days of last performance, you lose your mechanic lien rights. You would need to pursue other remedies such as breach of contract.
Can I file a mechanic lien on a public project in Minnesota?
No. Mechanic liens cannot be filed on public property. Payment rights on public projects are pursued through payment bond claims under M.S.A. §574.26.
Related Minnesota Resources
Explore other critical compliance areas for Minnesota construction mechanic lien law.
Notice Requirements
Pre-lien notice deadlines, statutory contract notice obligations, and public works bond notice rules under Minnesota law
Mechanic Lien Enforcement Deadlines
1-year suit deadline, public works bond claim enforcement, and litigation timelines under Minnesota statutes
Minnesota Overview
Return to the main Minnesota construction mechanic lien law page