Notice of Claim-Public Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Notice of Claim on Bond and Lien for Public Improvement.

Scope: State of Minnesota, Public Works.

Time Constraints: You must serve your Notice of Claim on Bond and Lien for Lien for Public Improvement within 90 days, inclusive, from completion and acceptance of the contract. Serve copies by certified mail or personal service on the public entities, sureties and prime contractors.

Perfection: To perfect your lien claim, you must file suit against the relevant parties to foreclose the lien and enforce any bond claim a within 1 year from completion and acceptance of the contract.

Payment Bond: Obtain a copy of the payment bond to determine requirements for making claim.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Bond Claims, the public entities or sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Claim on Bond and Lien for Public Improvement and Exhibit's A-D, if needed.

Procedures: Within the statutory time limits, prepare your documents using the required information. File your lien claim within the time frames stated above, and send copies by certified mail immediately to the public entities (a copy for the prime contractor is also in order) and a copy to the sureties, if known. At this point you are ready to file suit to enforce all of your claims in one action, but do so within 1 year of completion and acceptance of the contract.

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