Minnesota Payment Bond Claims
n general, mechanic’s lien cannot attach to public property. It’s the government after all- they simply aren’t going to let people do that. However, recognizing the fact that subcontractors and suppliers are not protected by mechanic’s lien rights on most state and local government projects, the Minnesota legislature long ago enacted the Public Contractors’ Performance and Payment Bond Act, under which a general contractor hired by the government entity is (at least in many situations) required to furnish certain bonds. The first is a “performance bond” which requires the bond surety (typically an insurance company) to complete the work required under the prime contractor’s contract if for some reason the prime contractor can’t. Subs and suppliers don’t really care about the performance bond since that only protect the public owner. The second kind of bond required is a “payment bond” which is for the protection of subcontractors and suppliers who furnish labor and material for the public project. This is the one we care about since it’s the one that might get you paid.
While fairly straightforward, Minnesota’s payment bond law carves out some exceptions and, in situations where a payment bond is furnished, potential claimants must jump through a few hoops to preserve their claim against the payment bond- much like the rules applicable for establishing a mechanic’s lien claim on a private project.
Hennessey Law Office PLLC can serve preliminary lien notices, file mechanic's liens, and foreclose liens on projects throughout Minnesota. Unlike a "lien service company' which may only refund the fee you paid if they make a critical mistake with your lien, Hennessey Law Office, PLLC is an insured, full service law firm where an attorney will review and coordinate the service and filing of your lien. Not only are we insured, we are able to provide follow up services including demand letters and lien foreclosure services if your lien is not paid promptly.
Mechanic's lien filings and foreclosures: Counties we serve
Aitkin, Anoka, Becker, Beltrami, Benton, Big Stone, Blue Earth, Brown, Carlton, Carver, Cass, Chippewa, Chisago, Clay, Clearwater, Cook, Cottonwood, Crow Wing, Dakota, Dodge, Douglas, Faribault, Fillmore, Freeborn, Goodhue, Grant, Hennepin, Houston, Hubbard, Isanti, Itasca, Jackson, Kanabec, Kandiyohi, Kittson, Koochiching, Lac Qui Parle, Lake, Lake Of The Wood, Le Sueur, Lincoln, Lyon, Mahnomen, Marshall, Martin, McLeod, Meeker, Mille Lacs, Morrison, Mower, Murray, Nicollet, Nobles, Norman, Olmsted, Otter Tail, Pennington, Pine, Pipestone, Polk, Pope, Ramsey, Red Lake, Redwood, Renville, Rice, Rock, Roseau, St. Louis, Scott, Sherburne, Sibley, Stearns, Steele, Stevens, Swift, Todd, Traverse, Wabasha, Wadena, Waseca, Washington, Watonwan, Wilkin, Winona, Wright, Yellow Medicine.
