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HF 3326

as introduced - 86th Legislature (2009 - 2010) Posted on 03/03/2010 04:04pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to real property; modifying a timeline relating to mechanics lien;
amending Minnesota Statutes 2008, section 514.011, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 514.011, subdivision 2, is amended to read:


Subd. 2.

Subcontractor to give notice.

(a) Every person who contributes to the
improvement of real property so as to be entitled to a lien pursuant to section 514.01,
except a party under direct contract with the owner must, as a necessary prerequisite to
the validity of any claim or lien, cause to be given to the owner or the owner's authorized
agent, either by personal delivery or by certified mail, not later than deleted text begin 45deleted text end new text begin 60new text end days after the
lien claimant has first furnished labor, skill or materials for the improvement, a written
notice in at least 10-point bold type, if printed, or in capital letters, if typewritten, which
shall state:

"This notice is to advise you of your rights under Minnesota law in connection
with the improvement to your property.

Any person or company supplying labor or materials for this improvement may file
a lien against your property if that person or company is not paid for the contributions.

We
.
(name and address of subcontractor)
have been hired by your contractor
.
(name of your contractor)
to provide . or . for
(type of service)
 (material)
this improvement.
To the best of our knowledge, we estimate our charges will be
.
(value of service or material)

If we are not paid by your contractor, we can file a claim against your property for
the price of our services.

You have the right to pay us directly and deduct this amount from the contract price,
or withhold the amount due us from your contractor until 120 days after completion of the
improvement unless your contractor gives you a lien waiver signed by me (us).

We may not file a lien if you paid your contractor in full before receiving this notice."

(b) A person entitled to a lien does not lose the right to the lien for failure to strictly
comply with this subdivision if a good faith effort is made to comply, unless the owner or
another lien claimant proves damage as a direct result of the failure to comply.