What is the process for filing a lien for unpaid work in construction?
In Minnesota, filing a lien for unpaid work in construction is a complex legal process. The first step is to serve a Notice to Contractor of Intent to File a Lien. This notice must be served at least 60 days before filing the lien. The notice must include the address of the real estate, the amount claimed, and the name of the party to whom the notice is being served. The next step is to file the Construction Lien with the county recorder’s office in the county where the real estate is located. The lien must contain the name and address of the lien claimant, the amount of the lien, and a description of the real property being liened. It must also contain a statement that the lien claimant has not been paid for providing labor or materials for a construction project. The third step is to serve a Notice of Lien on the party to whom the Notice of Intent was previously served. This must be done within 30 days of filing the lien. The lien is valid for one year from the date it was recorded in the county. However, it must be released within 30 days of the lien claimant being paid or within the one-year period, whichever is earlier. If the lien is not released within this time frame, the lien claimant will forfeit their right to collect the amount owed.
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