In no case shall the liens given by this chapter be affected by any inaccuracy in the particulars of the lien statement; but, as against all persons except the owner of the property, the lien claimant shall be concluded by the dates therein given, showing the first and last items of the claimant's account. In no case shall a lien exist for a greater amount than the sum claimed in the lien statement, nor for any amount, if it be made to appear that the claimant has knowingly demanded in the statement more than is justly due.
Notes of Decisions
Ryan Contracting Co. v. O'Neill & Murphy, LLP, 883 N.W.2d 236 (Minn. 2016).
· cites it 4× “03,” the district court concluded that those liens were void because Ryan intentionally filed lien statements on the non-Farr-owned lots in excess of the amount justly due under Minn. Stat. § 514.74 (2014). But the court denied summary judgment as to the Farr-owned lots based…”
Delyea v. Turner, 118 N.W.2d 436 (Minn. 1962).
· cites it 10× “*175 Section 514.74 is determinative of the issue as to whether the court erred in denying plaintiff's lien.”
RB Thompson v. Windsor Dev., 383 N.W.2d 357 (Minn. Ct. App. 1986).
· cites it 4× “Did the fact that the claimants originally demanded more on their lien statements than was due (to make up for past debts) render their liens void under Minn. Stat. § 514.74 (1984)? c. Did the trial court err in finding that the lien waivers were fraudulently induced? 3.”
Cox v. First Nat'l Bank of Aitkin, 415 N.W.2d 385 (Minn. Ct. App. 1987).
· cites it 4× “Is the lien void because it was originally filed for the wrong amount? Cox filed his mechanic’s lien in August 1983 for $89,500, the total amount due for the completed construction.”
New Concept Confinement Tech. Feeders, Inc. v. Kuecker, 364 N.W.2d 450 (Minn. Ct. App. 1985).
· cites it 4× “Minn. Stat. § 514.74 (1982) provides: In no case shall the liens given by this chapter be affected by any inaccuracy in the particulars of the lien statement; but, as against all persons except the owner of the property, the lien claimant shall be concluded by the dates therein…”
Witcher Constr. Co. v. Estes II Ltd. P'ship, 465 N.W.2d 404 (Minn. Ct. App. 1991).
· cites it 2× “The trial court did not err by including the subcontractor claims in Witcher’s mechanics’ lien claim. Finally, appellant argues that respondent Ankeny’s mechanics’ lien should be voided because it was intentionally overstated.”
In re Zachman Homes, Inc., 47 B.R. 496 (Bankr. D. Minn. 1984).
· cites it 2× “Since the evidence is unclear, I find that Lyman has not substantiated its burden of proof as to value and I find that the sheet-rock and other extras are valued at the $9,600 value and therefore allow Lyman’s claim as to the Lake Eden East property as a valid, perfected claim…”
Engler Bros. Constr. Co. v. L'allier, 159 N.W.2d 183 (Minn. 1968).
“There being no evidence to support the claims of such misconduct, the trial court properly did not consider the lien void by virtue of § 514.74. Affirmed.”
McCarron's Bldg. Ctr., Inc. v. Einertson, 482 N.W.2d 529 (Minn. Ct. App. 1992).
· cites it 2× “” Minn.Stat. § 514.74 (1990) further provides that “[i]n no case shall the liens given by this chapter be affected by any inaccuracy in the particulars of the lien statement.”
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