WHO MAY CLAIM One who performs labor or furnishes material contributing to the improvement of real estate pursuant to a contract or acquiescence of subject property’s owner/owner’s agent. Includes engineering and land surveying services. MN ST § 514.01 DEADLINE TO PERFECT Statement of claim must be filed by the end of 120 days after doing the last work or furnishing the last material. MN ST § 514.08 BROKEN PRIORITY Lien date relates back to when the first item of labor or material is furnished commencing an actual and visible continuous project. Superior Const. Services, Inc. v. Belton, App.2008, 749 N.W.2d 388. Visible includes surface staking by a surveyor. See Kirkwold Const. Co. v. M.G.A. Const., Inc., 513 N.W.2d 241, 243 (Minn. 1994). NOTE: Although a design professionals’ work is not visible, if subsequent purchaser/mortgagee has actual or record notice of non-visible lienable services, purchaser/mortgagee interest will be subordinate. Subsequent liens will not relate back. Kirkwold Constr. Co. v. M.G.A. Constr., Inc., 513 N.W.2d 241, 244 (Minn.1994). MN ST § 514.05 DURATION OF LIEN Lien will expire if not enforced within 1 year after date of the last item of the claim set forth in the recorded lien statement. MN ST § 514.12 CONTENTS OF LIEN (1) Statement verified by oath of party with knowledge; (2) lien amount; (3) what amount owed is for; (4) name of claimant; (5) name of person for whom work was done; (6) first and last dates of services/materials; (7) description of property with reasonable certainty; (8) name of owner as best determinable; (9) claimant’s postal address; (10) statement that copy of the same has been served to owner; and (11) statement saying notice required by MN ST § 514.011(2) was given. Strictly construed. All particular requirements must be met. MN ST § 514.08 MINNESOTA MINNESOTA – 526 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN
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