My contractor failed to pay a subcontractor for work done to my home. The subcontractor sent a pre-lien notice, but not within the 45 days required by Minnesota Statute 514.011 2. I received the pre-lien notice approximately 80 days after the contractor first started work, but before I made my final payment to my contractor. Statute 514.011 2 (b) refers to good faith efforts to comply and I'm worried that may open the door for the lien to be valid. Does the subcontractor have a valid lien?
1 Answer from Attorneys
Filing the notice 35 days after the statutory deadline probably wouldn't be deemed a good-faith effort to comply. Without researching the cases, I believe this provision was intended to address possible technical deficiencies in the notice (type size, etc.). At worst, the sub may have a lien claim (a) only for the work done in the 45 days preceding delivery of the notice, and (b) only to the extent of the money you had not yet paid to the general contractor at the time the notice arrived.
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