Legal Question in Construction Law in Minnesota

Re: mechanics lien

It's not clear from the message whether you are the contractor/builder/owner or "just" the homeowner who hired the sub directly. It may make a difference regarding whether, and what kind of, notice was required.

Generally, though, pre-lien notice is required on residential projects and the absence of such notice will be fatal to the lien. The ultimate remedy would be a lawsuit suing the lienor for slander of title and seeking discharge of the lien through the court. However, in my experience a "nasty-gram" from a lawyer will often do the trick.

If after the nasty gram the sub still does not remove the lien, and you don't want to start a lawsuit, then -- if you can wait for one year from the last day of the sub's work -- the lien will die a natural death unless within that time period the sub starts a foreclosure lawsuit.

Standard disclaimer: The comments above are based on limited facts and should not be considered legal advice. We do not have an attorney-client relationship. That said, if you would like to discuss further give me a call or drop an e-mail.

Best regards, Vince King