What notice must a subcontractor give to protect lien rights in Minnesota?

Notice is a key element to the substance of mechanic's lien law. To successfully maintain an action for a mechanic's lien, a lien claimant must strictly comply with the notice requirements. In Minnesota, subcontractors, or contractors not in direct written contract with the owner, must provide the proper pre-lien notice. Subcontractors in this state may use a notice form known as the "Subcontractor's Notice of Furnishing."

Under the State's law, every person who contributes to the improvement of real property, except a party under direct contract with the owner must, as a necessary pre-condition to claiming a lien, give the owner or the owner's authorized agent a written notice of furnishing, no later than 45 days after the lien claimant has first furnished labor, skill or materials for the improvement. M.S. 514.011(2)(a). The notice must be delivered either by personal delivery or certified mail. Id. For the purposes of the statute, "owner" means the owner of any legal or equitable interest in the real property whose interest in the property: (1) is known to one who contributes to the improvement of the real property, or (2) has been recorded or filed for record if the property is registered land, and who enters a contract for the improvement of the real property. M.S. 514.011(5).

The notice includes the following information: (1) name and address of the subcontractor; (2) name of the contractor who contracted with the subcontractor; (3) the type or service furnished or (4) the type of materials furnished; and (5) estimated value of the services or materials furnished. 514.011(2)(a). The subcontractor must then sign and notarize the form.

There are three exceptions for when the notice does not have to be given. The first is when there is a same ownership interest between the parties. The notice is not required when the contractor is managed or controlled by the same persons (or substantially the same) who manage or control the owner of the improved real estate. M.S. 514.011(4)(a). The next exception occurs when there are multiple residential dwellings, for example during construction of a subdivision. The notice is not required when an improvement to real property consisting of or providing more than four family units for improvements that are wholly residential in character. M.S. 514.011(4)(b). Lastly, notice is not required for an improvement to real property, that is not in agricultural use and which is wholly or partially nonresidential in use if the work or improvement: (a) is to provide or add more than 5,000 total usable square feet of floor space; or (b) is an improvement to real property where the existing property contains more than 5,000 total usable square feet of floor space; or (c) is an improvement to real property which contains more than 5,000 square feet and does not involve the construction of a new building or an addition to or the improvement of an existing building. M.S. 514.011(4)(c).

So, to wrap things up, the preliminary notice is an important feature of the lien law and works to protect the owner of the property from "hidden" liens. Protect your lien rights by ensuring that you serve the required notice on the proper parties by keeping track of important deadlines and knowing the parties that you're dealing with.

This article is provided for informational purposes only and is not intended to be relied upon as a substitute for the advice of an attorney. Please consult with a licensed Minnesota attorney with any questions about serving preliminary notice as a subcontractor, or any other issues relating to liens.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— Jack A.

"First time user. Great service. If I need other forms, I'll definitely be using Deeds."

— Michael M.

"Easy to follow directions and instructions to properly and legally fill-in the Deed that I requested…"

— Nigel S.

"Very simple to use. The \'completed examples\' are very helpful."

— Gertrude M.

"Rating 5 stars"

— Chris O.

"Very user friendly website. Had a variety of forms. Reasonable price"

Common Uses for Subcontractor Notice of Furnishing

Protect your right to payment for home improvement work
File a lien for unpaid construction or renovation work
Provide required pre-lien notice before filing a claim
Establish a legal claim against property for unpaid labor
Protect a contractor's right to payment for work performed
Document a lien waiver upon receipt of progress payment

Compare other Minnesota deed forms and documents

Quitclaim Deed Quitclaim Deed from Individual to Joint Tenants Quitclaim Deed Divorce Gift Deed Warranty Deed Warranty Deed Excluding Assessment Warranty Deed from Individual to Joint Tenants Warranty Deed from Individual to Joint Tenants Excluding Assessments Limited Warranty Deed Limited Warranty Deed Excluding Assessment Limited Warranty Deed from Individual to Joint Tenant Limited Warranty Deed from Individual to Joint Tenant Excluding Assessment Easement Deed Termination of Easement Affidavit of Identity and Survivorship Transfer on Death Deed Transfer on Death Revocation Affidavit of Identity and Survivorship for Transfer on Death Deeds Deed of Distribution Personal Representative Deed of Sale Transfer on Death Deed by Married Joint Tenants Transfer on Death Deed by Married Sole Owner Transfer on Death Deed by Unmarried Owner Trustee Deed Individual Affidavit of Trustee for Testamentary Trust Affidavit of Trustee for Non-testamentary Trust Correction Deed Mineral Deed Mortgage Secured by Promissory Note Mechanics Statement of Lien Receipt and Waiver of Mechanic Lien Assignment of Mechanic Lien Satisfaction of Mechanic Lien Release of Mechanic Lien Disclaimer of Interest Certificate of Trust

Important: County-Specific Forms

Our subcontractor notice of furnishing forms are specifically formatted for each county in Minnesota.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

Back to Minnesota Forms