Pre-lien Notice / Notice to Owner

PRE-LIEN NOTICE / NOTICE TO OWNER

(Minnesota Mechanic’s Lien Law – Minn. Stat. § 514.011)

[// GUIDANCE:

1. This template is built for use on Minnesota construction projects and is intended to satisfy the statutory pre-lien (“pre-notice”) requirements found in Minn. Stat. § 514.011.

2. Two separate statutory notices exist:
   • Contractor Notice – required when the person contracting directly with the Owner is improving residential real estate (one- or two-family dwelling) and the contract price exceeds $500.
   • Subcontractor / Supplier Notice – required for anyone without a direct contract with the Owner (e.g., subcontractors, material suppliers) on any private project.
   Select the appropriate ALTERNATIVE A or ALTERNATIVE B in § III below and DELETE the inapplicable alternative.

3. The statutory text must appear in at least 10-point bold type, verbatim.

4. The notice must be served on the Owner (or Owner’s authorized agent) by personal delivery or certified mail within the applicable statutory deadlines (see § III.C).
5. Always attach a completed Certificate of Service (Appendix A).
   ]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Notice Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Appendix A – Certificate of Service

I. DOCUMENT HEADER

1. Effective Date: [DATE]
2. Claimant: [LEGAL NAME OF CONTRACTOR / SUBCONTRACTOR / SUPPLIER]
3. Owner(s) of Record: [OWNER NAME(S)]
4. General Contractor (if Claimant is not the GC): [NAME]
5. Project: [PROJECT NAME / DESCRIPTION]
6. Property: [LEGAL DESCRIPTION OR STREET ADDRESS]
7. County: [COUNTY, MINNESOTA]
8. Governing Law: State of Minnesota (“Act”)

Recitals
A. Claimant is furnishing or has furnished labor, skill, materials, or equipment (collectively, the “Work”) for the improvement of the Property.
B. Minnesota’s Mechanic’s Lien Law requires Claimant to deliver this Notice to preserve statutory lien rights.

II. DEFINITIONS [// Non-defined capitalized terms carry the meanings given in Minn. Stat. § 514.01 et seq.]

“Act” – Minn. Stat. §§ 514.01–514.17, as amended.
“Claimant” – The party identified in § I.2 above.
“Owner” – The party(ies) identified in § I.3 above and any successors-in-interest.
“First Furnishing Date” – The date Claimant first furnished any portion of the Work to the Project: [DATE].
“Notice Date” – The date this Notice is executed: [DATE].
“Residential Real Estate” – As defined in Minn. Stat. § 514.011, subd. 1(a).

III. OPERATIVE NOTICE PROVISIONS

A. Statutory Notice Text

Select and retain ONE of the following alternatives, depending on Claimant’s contractual relationship with the Owner. The selected text must be reproduced verbatim in not less than 10-point bold type to remain compliant with the statute.

ALTERNATIVE A — Contractor’s Notice (Minn. Stat. § 514.011, subd. 2)

[INSERT HERE—verbatim statutory language required for Contractor Notice.]

ALTERNATIVE B — Subcontractor / Supplier Notice (Minn. Stat. § 514.011, subd. 3)

[INSERT HERE—verbatim statutory language required for Subcontractor/Supplier Notice.]

B. Amount of Contract / Estimated Value of Work

Claimant’s contract price or estimated value of the Work is $[AMOUNT] (exclusive of approved change orders).

C. Statutory Timing Compliance

1. Contractor Notice – delivered to Owner no later than the earlier of (i) execution of the prime contract, or (ii) 10 days after contract execution, and not less than 5 days before recording a lien statement.
2. Subcontractor / Supplier Notice – delivered to Owner within 45 days after the First Furnishing Date.

[// GUIDANCE: Missing either deadline will generally void the lien right, absent narrow statutory exceptions.]

IV. REPRESENTATIONS & WARRANTIES

1. Claimant is duly organized, validly existing, and (where required) licensed to perform the Work in Minnesota.
2. Claimant has truthfully and accurately completed this Notice and the Certificate of Service.
3. Claimant has not waived its lien rights except to the extent (if any) set forth in a written, executed waiver.
4. Claimant’s execution and delivery of this Notice do not violate any other agreement or legal obligation of Claimant.

V. COVENANTS & RESTRICTIONS

1. Claimant will promptly furnish supplemental information reasonably requested by the Owner regarding the Work or payment status.
2. Claimant will, upon receipt of full payment (including retainage), deliver a valid Partial or Final Lien Waiver in a commercially-reasonable form.

VI. DEFAULT & REMEDIES

Failure of the Owner to satisfy lawful payment obligations may result in:
a. Recording and foreclosure of a mechanic’s lien pursuant to Minn. Stat. §§ 514.10–514.17;
b. Recovery of interest, costs, and reasonable attorney fees as permitted by Minn. Stat. § 514.10; and
c. Any other remedies available at law or in equity.

VII. RISK ALLOCATION

1. Limitation of Liability. Claimant’s total recoverable amount is contractually capped at the value of the Work actually performed plus statutory interest, unless otherwise provided in a written agreement with the Owner.
2. No Indemnification. This Notice imposes no independent indemnity obligation on the Owner.

VIII. DISPUTE RESOLUTION

Any dispute arising out of this Notice or the enforcement of any mechanic’s lien shall be governed by the laws of the State of Minnesota and adjudicated exclusively in the state courts located in the county where the Property is situated. Injunctive relief to enforce or foreclose any lien right is expressly preserved.

IX. GENERAL PROVISIONS

1. Entire Notice. This instrument contains the entire prelien notice required under the Act.
2. Amendment. Any amendment must be in writing and signed by Claimant.
3. Electronic Signatures. Electronic or facsimile signatures shall be deemed originals.
4. Severability. Any invalid provision herein shall be severed; the remainder shall remain enforceable.

X. EXECUTION BLOCK

Executed as of the Effective Date set forth above.

[NOTARIZATION (if desired for evidentiary purposes)]

APPENDIX A – CERTIFICATE OF SERVICE

I, [NAME], certify under penalty of perjury that on [DATE], I delivered a true and correct copy of the foregoing Pre-Lien Notice to [OWNER NAME] by:

☐ Personal delivery at [ADDRESS]
☐ Certified U.S. Mail, postage prepaid, Return-Receipt-Requested, tracking no. [NUMBER]
☐ Other statutory method (describe): ___________________________

Signature: _________________________ Date: ___________________