Lien Law Resources
Below you will find some internet links that Proactive Lien Services finds valuable:
Recent cases that you may find interesting:
MINNESOTA
On private works projects, note that where the improvement is made for a tenant and the leased space is less than 5000square feet, even if the entire property owned by the landlord exceeds 5000 square feet, the preliminary notice exception does NOT apply, and preliminary notices MUST be given. [Wallboard, Inc. v. St. Cloud Mall, LLC, 58 N.W.2d 356 (Minn.App.,2008)]
In addition, the prelien exception for projects consisting of more than 4 family units includes developments of more than 4 single-family lots, so no prelien is needed for developments of 5+ single family homes. [S.M. Hentges & Sons,Inc. v. Mensing, --- N.W.2d ----, 2009 WL 67106 (Minn.App.2009)]
A recent case has held that on a public works project, if the contract exceeds $75,000 and the public body fails to require a payment bond, then the public body is liable to claimants. The claimant, however, must show that the contractor was insolvent when it defaulted on its obligation to the claimant. Collins Elec. Systems, Inc. v. Redflex Traffic Systems,
Inc., Not Reported in N.W.2d, 2008 WL 933488 (Minn.App. 2008)
Wisconsin
No significant changes or cases recently…