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Lien waivers by state · Minnesota

Minnesota lien waiver requirements

Minnesota is a non-statutory state

Minnesota does not prescribe a mandatory statutory lien-waiver form or specific waiver language, so waivers may be freely worded as long as they are signed by the party furnishing labor, skill, or material. However, Minnesota voids any waiver of lien rights given before payment is actually received, and it has strict statutory PRELIEN notice language and timing requirements (Minn. Stat. § 514.011) that are separate from waivers. An owner generally need not pay the prime contractor until 120 days after completion except to the extent the contractor furnishes signed lien waivers from those who gave the required notice.

Statute: Minn. Stat. §§ 514.07, 514.08; prelien notice § 514.011

Minnesota lien waiver forms

The four standard waiver-and-release types and Minnesota’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Minnesota law does not require lien waivers to be notarized; the governing statute (Minn. Stat. § 514.07) only requires that waivers be signed by the party who furnished labor, skill, or material.
Mandatory statutory language: There is no statutorily prescribed lien-waiver form or required waiver wording in Minnesota, so any reasonable waiver language may be used. Note: this is distinct from the mandatory PRELIEN NOTICE language required by Minn. Stat. § 514.011, which is separate from a waiver and is strictly enforced. Also, a waiver of lien rights signed before payment is actually received is void and unenforceable.
Electronic signatures accepted

Key Minnesota deadlines

Preliminary / pre-lien notice: Subcontractors/suppliers (not under direct contract with the owner): within 45 days of first furnishing labor or materials. Prime contractors: must include the statutory prelien notice in the written contract, or if no written contract, deliver it within 10 days after the work is agreed upon (Minn. Stat. § 514.011).
Notice of intent to lien: Not required. Minnesota does not require a notice of intent to lien before filing a mechanics lien (though it is sometimes used voluntarily).
Mechanics lien filing deadline: Within 120 days after last furnishing labor, skill, or materials, the lien statement must be both recorded with the county recorder (or registrar of titles for registered land) AND served on the owner (Minn. Stat. § 514.08).

Minnesota lien waiver FAQ

Does Minnesota require a specific lien waiver form?

No. Minnesota does not prescribe a mandatory statutory lien-waiver form or specific waiver language; any reasonably worded waiver may be used as long as it is signed. (Note: a separate mandatory PRELIEN NOTICE wording is required under Minn. Stat. § 514.011, and pre-payment waivers of lien rights are void.)

Do lien waivers need to be notarized in Minnesota?

No. Minnesota does not require lien waivers to be notarized; the statute only requires the waiver to be signed by the party who furnished labor or materials.

Can lien waivers be signed electronically in Minnesota?

Yes. Under Minnesota's Uniform Electronic Transactions Act (Minn. Stat. ch. 325L), electronic signatures have the same legal effect as ink signatures, and lien waivers are commonly signed electronically.

What is the deadline to file a mechanics lien in Minnesota?

Within 120 days after last furnishing labor, skill, or materials, you must both record the lien statement with the county recorder (or registrar of titles for registered land) and serve a copy on the owner (Minn. Stat. § 514.08).