§
Subdivision 1.Notice required.
The lien ceases at the end of 120 days after doing the last of the work, or furnishing the last item of skill, material, or machinery, unless within this period:
(1) a statement of the claim is filed for record with the county recorder or, if registered land, with the registrar of titles of the county in which the improved premises are situated, or, if the claim is made under section 514.04, with the secretary of state; and
(2) a copy of the statement is served personally or by certified mail on the owner or the owner's authorized agent or the person who entered into the contract with the contractor.
§
Subd. 2.Statement by lien claimant; requirements.
Such statement shall be made by or at the instance of the lien claimant, be verified by the oath of some person shown by such verification to have knowledge of the facts stated, and shall set forth:
(1) a notice of intention to claim and hold a lien, and the amount thereof;
(2) that such amount is due and owing to the claimant for labor performed, or for skill, material, or machinery furnished, and for what improvement the same was done or supplied;
(3) the names of the claimant, and of the person for or to whom performed or furnished;
(4) the dates when the first and last items of the claimant's contribution to the improvement were made;
(5) a description of the premises to be charged, identifying the same with reasonable certainty;
(6) the name of the owner thereof at the time of making such statement, according to the best information then had;
(7) the post office address of the claimant. (The failure to insert such post office address shall not invalidate the lien statement);
(8) that claimant acknowledges that a copy of the statement must be served personally or by certified mail within the 120-day period provided in this section on the owner, the owner's authorized agent or the person who entered into the contract with the contractor as provided herein; and
(9) that notice as required by section 514.011, subdivision 2, if any, was given.
When the claimant files the notice, the Social Security number of an individual owner or the Internal Revenue Service taxpayer identification number for an owner other than an individual is not required.
Notes of Decisions
Eclipse Architectural Grp., Inc. v. Lam, 814 N.W.2d 692 (Minn. 2012).
· cites it 48× “Briekwell argues that service of a mechanic’s lien statement under Minn. Stat. § 514.08 , subd. 1(2) (2010), is subject to the provision in Minn.”
Har-Ned Lumber Co. v. Amagineers, Inc., 436 N.W.2d 811 (Minn. Ct. App. 1989).
· cites it 48× “The trial court determined that service of a mechanics' lien statement by certified mail pursuant to Minn.Stat. § 514.08, subd. 1(2) (Supp.1983) was accomplished upon the owner of the improved property.”
Eischen Cabinet Co. v. Hildebrandt, 683 N.W.2d 813 (Minn. 2004).
· cites it 16× “Minn.Stat. § 514.08, subd. 1 (2002). In this ease, we are asked whether service by certified mail of a copy of a mechanics’ lien claim statement upon the property owner, as permitted by Minn.”
Marque Plumbing, Inc. v. Barris, 380 N.W.2d 174 (Minn. Ct. App. 1986).
· cites it 50× “Marque then filed a lien statement describing the Barris property and other real estate pursuant to Minn.Stat. § 514.08 (1982). The lien statement, recorded on May 16, 1983, listed Zachman Homes as "owner" of the premises and indicated that it had been served a copy of the…”
Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753 (Minn. 2010).
· cites it 4× “011 (2008); (2) file a proper statement of claim within 120 days of the last work or materials provided, Minn.Stat. § 514.08 (2008); and (3) file a lis pendens notice and commence an action against the owner within one year after the last work or materials provided, Minn.”
David-thomas Companies, Inc. v. Voss, 517 N.W.2d 341 (Minn. Ct. App. 1994).
· cites it 20× “Minn.Stat. § 514.08, subd. 1(1) (1992). Accordingly, the issue is not how a lien on Torrens property first arises, but how it is preserved beyond 120 days.”
Randall v. Paul, 897 N.W.2d 842 (Minn. Ct. App. 2017).
· cites it 10× “Paul moved for summary judgment, arguing that the letters and service of the mechanic’s lien statements were not subject to the FDCPA because they were not “communications” regarding a debt collection action, and he was complying with the requirements under Minn. Stat. § 514.08…”
Ryan Contracting, Inc. v. Jag Investments, Inc., 634 N.W.2d 176 (Minn. 2001).
· cites it 6× “Under the lien statutes, an action may be commenced by any lienholder who has filed a lien statement for record and served a copy thereof on the owner pursuant to section 514.08, and all other such lienholders shall be made defendants therein.”
T.A. Schifsky & Sons, Inc. v. Bahr Constr., LLC, 773 N.W.2d 783 (Minn. 2009).
· cites it 4× “Premier Bank challenged the mechanics’ liens, arguing the mechanics’ lien statements that Consolidated Lumber recorded with the Ramsey County Recorder’s Office were invalid because they failed to describe and identify the liened premises with reasonable certainty, as required by…”
— Minn. Stat. § 514.08(4) — 1 case
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