Perspectives

Current through June 1, 2025

Whether you’re a subcontractor, supplier, or equipment rental provider, navigating Minnesota’s lien and bond laws correctly is the difference between getting paid and losing your leverage. While Minnesota hasn’t implemented substantive statutory changes over the last year, it’s still critical to understand the rules, deadlines, and nuances that apply to commercial and public construction projects.

Private (Commercial) Projects: Mechanic’s Liens in Minnesota

Who Has Lien Rights?

You may file a mechanic’s lien if you have a contract with:

• The owner
• The general contractor
• A subcontractor
• Or in many cases, even a sub-subcontractor (though enforcement at this tier may be challenged).

Preliminary Notice Requirements: Simple for Most, Critical for Some

Minnesota keeps this straightforward-no preliminary notice is required on commercial projects unless the project is small (under 5,000 sq. ft. of new construction or additions).

For these small commercial projects:

• Serve preliminary notice within 45 days after your first date of furnishing
• Notice must be served via certified mail.
• Minnesota applies the “mailbox rule”, meaning service is effective the day you drop it in the mailbox.

If you’re unsure about square footage, contact an attorney early-missing this notice kills your lien rights.

When to File Your Lien

Your mechanic’s lien must be:

• Filed with the district court within 120 days after your last date of furnishing labor or materials.

This is a hard deadline-no exceptions, no extensions. 

Foreclosure Lawsuit Deadline

Minnesota requires one of the strictest enforcement timelines in the country:

• You must file your foreclosure action and personally serve all required parties within one year of your last furnishing date.

This is different from many states where service can happen after filing.

Plan Ahead: Most lien claimants should start this process by month 10 to allow adequate time for title search and personal service.

“Double Jeopardy” Lien Rights

One of the most claimant-friendly features of Minnesota lien law:

• A lien remains valid even if the owner already paid the contractor in full.

Your lien attaches to the property regardless of whether money has already left the owner’s hands.

Public Projects: Payment Bond Claims in Minnesota

When you’re working on state, municipal, or other public projects, mechanic’s liens are not available. Instead, your protection comes from the payment bond.

Which Projects Require a Payment Bond?

If the prime contract is $175,000 or more, the general contractor must furnish:

• 100% payment bond, and
• A performance bond.

If the public body fails to obtain a bond, they are financially liable to unpaid subcontractors and suppliers. 

Who Can Make a Bond Claim?

You’re eligible if you contracted with:

• The prime contractor, or
• A subcontractor.

While many sub-subcontractor claims have succeeded historically, sureties increasingly challenge them-so proceed with caution.

Preliminary Notice? Not Needed.

Minnesota does not require any early notice to secure bond rights.

Final Bond Claim Notice Deadline

This is critical.

You must:

• Serve a written bond claim notice
• Via certified mail
• On both the general contractor and the surety
• Within 120 days after your last date of furnishing labor or material

Use the addresses listed on the payment bond document. 

A notice sent to the wrong address-even if the company receives it-may be considered invalid.

Tip: Request the payment bond early-ideally at project kickoff.

Does the Mailbox Rule Apply?

Unlike private projects, the “mailbox rule” has not been confirmed for public bond notices.

To be safe:

Make sure the GC and the surety receive the notice before day 120.

Lawsuit Deadline on Bond Claims

Your lawsuit against the surety must be filed within one year of your last furnishing date. This mirrors the private lien foreclosure deadline.

No Lien Against Public Funds

Minnesota does not allow filing a lien against money held by the public entity (unlike some other states). Bond claims are your only remedy-unless the public body failed to obtain a bond.

Other Key Minnesota Construction Law Notes

Equipment Rental

Rental equipment providers have full lien rights and may also assert bond claims.

Attorney’s Fees

Minnesota courts may award attorney’s fees:

• In mechanic’s lien foreclosure actions
• And in bond claim litigation against a surety

This makes enforcement more economically viable.

Pay-If-Paid Clauses

These clauses can be enforceable-but only if the contract language is clear and unequivocal. If enforceable, your right to payment may be contingent on the contractor receiving payment from the owner.

2025 Takeaways: What Minnesota Claimants Should Be Doing

• Track your first and last furnishing dates carefully. These control all deadlines.
• Request the payment bond early on all public projects.
• Serve notices by certified mail, and keep mailing receipts.
• Calendar the 120-day and one-year deadlines immediately when a project begins.
• Act early-especially on anything requiring court filing or personal service.
• Don’t assume the GC or owner will “take care of it.” Lien and bond rights are self-help tools; protect yourself.

Navigating Minnesota’s lien and bond laws can feel complex, but you don’t have to manage it alone. Protecting your payment rights starts with understanding your deadlines, documenting your work, and taking action early-no matter the size of the project. At Wagner, Falconer & Judd, our construction law team helps contractors, suppliers, and equipment rental companies safeguard their interests and avoid costly missteps. If you have questions about a specific project, notice requirements, or enforcing a lien or bond claim, our attorneys are here to guide you every step of the way. Reach out to WFJ for clear answers, practical support, and the confidence that your rights are protected.

Wagner, Falconer & Judd (WFJ) offers comprehensive legal servies through its partnership with LegalShield, designed to support clients across every stage of life. Join us as we walk through “member” Sarah’s journey, and learn how this service can support you through all of life’s major moments.

Early Adulthood: Establishing Legal Foundations

In her early 30s, Sarah realized it was time to get her legal life in order. She wanted to draft her first will, but didn’t know where to start. Through her LegalShield membership, she connected with attorney Socorro Caballero who guided her step-by-step in creating a last will and testament. Socorro also helped Sarah establish a Power of Attorney and Healthcare Directive, ensuring someone she trusted could make financial and medical decisions on her behalf if needed. She even helped her consider guardianship for future children and made sure her assets would be distributed according to her wishes- without the stress of high hourly legal fees.

Homeownership: Navigating Real Estate Matters

When Sarah bought her first home, she was excited-but overwhelmed by the purchase agreement and mortgage paperwork. Attorney Andrew Johnson reviewed her documents, explained her rights as a homeowner, and even highlighted clauses that could have caused issues later. Thanks to his support, Sarah negotiated terms that protected her investment and gave her confidence as a first-time homeowner.

Family Life: Managing Legal Affairs

As Sarah’s family grew, so did her legal questions-everything from guardianship forms to family law matters. Through LegalShield, she could consult with WFJ as often as needed. Whether updating her will after the birth of her second child or understanding legal responsibilities for her family, Sarah had a trusted legal team ready to provide guidance anytime.

Business Ventures: Legal Support for Entrepreneurs

Sarah decided to start her own consulting business. She faced questions about contracts, hiring employees, and protecting her intellectual property. With attorney Jordan Cardenas‘ guidance, Sarah drafted contracts, navigated employment obligations, and ensured her business was legally compliant-allowing her to focus on growth rather than potential legal pitfalls.

Preparing for the Future: Estate Planning

As Sarah approached retirement, she wanted to ensure her estate was properly structured and her loved ones were cared for. Attorney Rupi Bahia helped her set up a living trust, explained how to minimize probate, and tailored her estate plan to her unique family circumstances. Sarah left each consultation feeling confident that her legacy was protected.

Identity Protection: Safeguarding Personal Information

When Sarah became concerned about identity theft, she enrolled in LegalShield’s IDShield service. WFJ helped her monitor her personal information, investigate suspicious activity, and recover from any incidents, giving her peace of mind in today’s digital world.

Sarah’s journey demonstrates how LegalShield and WFJ evolve with member’s needs. From drafting wills and navigating home purchases to protecting family, business, and identity, the membership provides continuous, accessible, and proactive legal support. With a trusted legal team in her corner, Sarah could face life’s milestones confidently, knowing she was protected at every step.

Disclosure: This case study features a hypothetical member for illustrative purposes only. Any resemblance to real people, businesses, or events is purely coincidental. Legal matters are unique, and individual circumstances may vary—consult with a qualified attorney for advice specific to your situation.

When managing large construction, equipment, or commercial projects, protecting your company’s cash flow isn’t just a financial necessity-it’s a survival strategy. Delayed payments, disputed invoices, and broken payment chains can quickly disrupt operations and threaten profitability.

That’s where Wagner Business Solutions comes in. Backed by the legal power of Wagner, Falconer & Judd, WBS is uniquely positioned to help businesses proactively manage credit risk and protect receivables before litigation becomes necessary.

Why Pre-Litigation Protection Matters

Most companies don’t think about involving legal support until after a payment problem arises. But by then, you’re already in reactive mode-chasing funds, facing potential defaults, and spending more time and money than necessary.

WBS flips the script. Our team works hand-in-hand with credit and finance departments to help prevent payment issues from escalating through:

• legal-backed due diligence
• early enforcement tools
• lien focused strategies for receivables protection

Three Ways WBS Protects Your Cash Flow

• Mechanic’s Lien and Bond Opinion Letters

WBS offers timely, state-specific legal opinions that determine your eligibility to file a mechanic’s lien or make a bond claim. This step is vital to ensuring your company maintains leverage when a customer fails to pay.

Why it matters:

These tools act as pre-litigation enforcement options-often prompting payment without ever going to court.

• UCC-1 Filings and Security Agreements

We help clients formalize secured interests through UCC-1 filings and properly drafted security agreements. This puts your company in a stronger position to recover goods or funds if a debtor defaults.

Why it matters:

Unsecured creditors often find themselves last in line. Securing your interest increases the odds of full recovery while preserving valuable customer relationships.

• Demand Letters and Legal Escalation

Sometimes, a strongly worded demand letter from legal counsel is all it takes to get results. WBS attorneys are experienced in crafting persuasive letters that communicate your rights and readiness to act-without alienating the customer.

Why it matters:

It demonstrates seriousness while providing an opportunity for the other party to resolve the issue before litigation begins.

Partnering with Your Finance Team

WBS doesn’t replace your internal team-we enhance it. By giving credit and finance professionals the legal tools and insight they need early in the process, we help them:

• Evaluate credit applications for enforceable terms
• Strengthen internal collections procedures
• Protect lien and bond rights before the deadlines pass
• Make strategic decisions about escalation timing

The Bottom Line

Litigation should be your last resort, not your first defense. Wagner Business Solutions helps businesses across the construction, equipment, HVAC and commercial service sectors enforce payment rights early, legally, and effectively-without burning bridges.

To learn more about how WBS can support your finance team and secure your receivables before problems escalate, contact our team.

Estate planning is the process of organizing your legal and financial affairs so that your wishes are honored in the event of your death or incapacity. Many people delay it, thinking they don’t have “enough” assets, that it can wait. But the truth is, if you have anything of value or people who depend on you, you need an estate plan.

Your estate includes everything you own; real estate, bank accounts, retirement plans, personal property, life insurance policies, and even your interest in a business. Without a will or other planning tools in place, state law-not you-determines how these assets are distributed. This process, known as intestate succession, often leaves families with unnecessary stress, delays, and disputes.

An estate plan allow you to:

• Name a guardian for minor children
• Designate someone to make healthcare and financial decisions if you are unable to do so
• Direct how your assets should be distribured
• Avoid or minimize probate and potential estate taxes
• Protect loved ones with special needs or complex family dynamics

Common planning tools include:

• Powers of Attorney
• Healthcare Directives
• Beneficiary Designations
• Wills
• Living Trusts

WFJ and LegalShield makes the process easier by offering a Will Questionnaire (find ours here) and direct access to the attorneys at Wagner, Falconer & Judd. You don’t have to navigate this alone.

Estate planning is not just about death-it’s about protecting your future. Start today to ensure your voice is heard when it matters most.

Minnesota’s Paid Family and Medical Leave (PFML) program is rolling out in 2026, but employers should start preparing now. One of the first steps in ensuring compliance is understanding who is eligible for leave under the new law. Here’s a breakdown of the questions we are getting at the Compliance Center related to employee eligibility that every MN employer needs to know.

Who is eligible to receive MN Paid Leave?

Nearly every employee working in Minnesota-including full-time, part-time, temporary, and most season workers, is eligible for PFML benefits. This includes company owners and corporate officers, who are required to participate in the program.

However, there are a few exceptions PFML does not apply to:

• Independent contractors
• Self-employed individuals (unless they opt in)
• Tribal Nations (unless they opt in)
• Federal government employees
• Railroad employees
• Certain seasonal hospitality workers (see below)

Is there a minimum hours or length-of-employment requirement?

No. Unlike some leave laws, MN Paid Leave does not require employees to work a specific number of hours or months before becoming eligible. Instead, employees must meet both of the following conditions:

• Earn at least 5.3% of the statewide average annual wage, which amounts to $3,700 in 2024, and

One of the following:

• Worked at least 50% of their time in Minnesota during a calendar year, or
• If no state accounts for at least 50% of their work time:
• Performed some work in Minnesota
• Lived in Minnesota for at least 50% of their time during a calendar year

When does job protection under PFML begin?

Job protection begins after 90 calendar days of employment. Once eligible, employees who take leave are entitled to return to their previous role-or an equivalent position-with the same pay, benefits, and working conditions.

Even if an employee’s position is filled or restructured during their leave, they must still be reinstated unless the employer can prove that the employee would not have remained employed regardless of the leave (such as during a legitimate layoff or business closure).

Are corporate officers or business owners eligible?

Yes. Even though they many not consider themselves “employees” in the traditional sense, company owners and officers must participate and are eligible for PFML benefits if they meet the earnings and residency/work location criteria.

Are first responders and government officials eligible?

Generally, yes. Municipalities and local government entities are required to participate in the PFML program. This means first responders, as well as elected or appointed city and state officials, are likely eligible-provided they meet the wage and work/residency requirements.

What about seasonal employees?

Most seasonal employees are covered, but there’s a specific exception for certian workers in the hospitality industry. These employees are excluded if they:

• Work 150 days or less within any 52-week period, and
• Work for an employer whose average receipts during any 6-month period fall below a certain threshold (typically defined for hospitality sector employers.)

Employers with seasonal workers in the hospitality industry should work with legal counsel to determines whether their business qualifies for this exclusion.

Bottom Line for Employers

Minnesota’s Paid Family and Medical Leave program is broad in scope and applies to most employees in the state. Employers should assess their workforce now, understand which team members are covered, and begin planning for compliance in 2026.

Have questions about your responsibilities under PFML? The employment attorneys at Wagner, Falconer & Judd are here to help you prepare your business for a smooth transition.

Many people think of a Healthcare Directive as something only older adults or people with serious illnesses need. In reality, it’s an important document for everyone over the age of 18-including healthy, active individuals. Life can change in an instant, and having your health care wishes documented ensures that your voice is heard, even if you can’t speak for yourself.

A Health Care Directive (sometimes called an “advance directive” or “living will”) gives you the power to:

• Name a trusted person to make health care decisions on your behalf if you’re unable to do so.
• Provide instructions about the types of medical care you want or do not want.
• Reduce family stress and conflict during medical crises by providing clear guidance.

Why It Matters-Even for the Healthy

Emergencies don’t discriminate. A car accident, sudden illness, or unexpected surgery could leave you unable to communicate. Without a directive:

• Doctors must rely on state law to determine who makes decisions-which may not align with your preferences.
• Family members may feel pressured to make life-altering choices without knowing your wishes.
• Disagreements among loved ones can cause emotional strain at an already difficult time.

Having a directive in place is a gift to your family-it removes uncertainty and gives them the confidence that they’re honoring your decisions.

Information You’ll Need to Get Started

Creating a Health Care Directive is simpler than many people think. Before you begin, gather:

Your Health Care Agent’s Information

• Name, contact information, and relationship to you.
• Consider choosing an alternate agent in case your first choice is unavailable.

Your Care Preferences

• Do you want all life-sustaining treatments if there’s little chance of recovery?
• Are there specific treatments or interventions you want to refuse (e.g., feeding tubes, ventilators)?
• Your wishes regarding pain management, organ donation, and end-of-life care.

Your Personal Values

• Religious, cultural, or personal beliefs that should guide your care.
• Quality-of-life considerations-what makes life meaningful to you?

Medical Information

Current medical conditions, allergies, and medications.

Key Terms to Know

Health Care Agent (Proxy, Surrogate)– The person you name to make health care decisions for you if you cannot communicate.

Living Will-The part of a directive that outlines your medical treatment preferences.

Do Not Resuscitate (DNR) Order-A medical order indicating you do not want CPR if your heart stops.

Life-Sustaining Treatment-Medical procedures that prolong life but may not cure your condition (e.g., ventilators, dialysis).

Palliative Care-Comfort-focused care aimed at relieving symptoms, not curing illness.

Advance Directive-An umbrella term that can include a Health Care Directive, Living Will, and other instructions about about future medical care.

Case Study: Planning Ahead Plays Off

Maria’s Story

Maria, a healthy 32-year-old, was an avid runner with no medical issues. During a vacation, she was in a car accident that left her unconscious for several days. Because she had completed a Health Care Directive the year before, her designated health care agent-her sister-could immediately make decisions based on Maria’s clearly written wishes.

• Her directive stated she did not want prolonged life support without a reasonable chance of recovery.
• Her sister was able to communicate this to the doctors, avoiding family disagreements and ensuring Maria’s wishes were honored.

Maria recovered, but her family later reflected that the directive removed an immense burden during an incredibly stressful time.

Final Thoughts

A Health Care Directive is not just for those who are ill-it’s for anyone who wants control over their medical care and peace of mind for their loved ones. Taking the time now to create one can make all the difference later.

If you’re ready to get started, consider working with an attorney to ensure your directive meets your state’s legal requirements and fully reflects your wishes.

A new Minnesota law introduces significant changes to the state’s worker’s compensation system. Signed into law in May 2024, the bill enacts recommendations from the Worker’s Compensation Advisory Council and is set to impact employers and contractors across industries, especially construction companies and projects involving multiple subcontractors.

Key Updates You Should Know

Protected Claim Amount Increases from $1,000 to $3,000

One of the most notable changes is the increase in the protected claim amount-the portion of a claim shielded from subrogation or third-party recovery-to $3,000 (up from $1,000). This adjustment recognizes inflation and rising medical costs, ensuring injured workers retain a greater portion of their benefits.

Chanages Specific to the Construction Industry

The law also implements targeted updates affecting construction projects:

• Clarifies Liability in Multi-Contractor Projects: When multiple contractors or subcontractors are on-site, liability for worker injuries must be clearly understood. The new law aims to streamline how responsibility is determined in these shared jobsite scenarios.
• General Contractors Take Note: If you work with multiple subcontractors, this law reinforces the importance of maintaining up-to-date worker’s compensation certificates from all parties. It also reitereates the need for strong indeminity language and contractual risk transfer protections.
• Special Employer Rule Adjustments: The statute refines how “special employers” (like staffing agencies or general contractors using temp labor) are treated under worker’s compensation, potentially shifting liability in some claims.

Other Key Provisions

• Clarifies Timelines for Filing and Appeals: The law updates certain administrative timelines to improve efficiency and reduce disputes.
• Improves Transparency in Dispute Resolution: Employers and insurers may see improved predictability in how the Department of Labor and Industry (DLI) and the Office of Administrative Hearings (OAH) process claims.

What This Means for Construction Businesses

If you’re a construction company owner, general contractor, or a business managing multiple subs, now is the time to:

• Review your contracts to ensure proper worker’s compensation coverage and indeminifaction clauses are in place.
• Confirm that you are tracking active coverage for all subcontractors.
• Work with legal counsel to review whether your agreements adequately address risk transfer, especially in light of the protected claim amount increase.

Even if you’re not in construction, any Minnesota employer may see greater benefit amounts retained by workers and adjusted handling of disputed claims.

Need Help Reviewing Your Contracts or Coverage Strategy?

At WFJ, our team can help ensure you’re protected and compliant under Minnesota’s evolving worker’s compensation laws. Reach out to us to discuss how this law could impact your job sites and subcontractor relationships.