G
Guest
·This is not to be taken as legal advise in any capacity. Nor will any responsibility be placed on anyone in regards to the DISCUSSION about the post below.
Good Afternoon,
I spent some time looking at MN lien law (www.revisor.mn.gov) and found this entry:
As I understand, and I am no lawyer, that waiver of lien rights in contracts to minnesota contractors is not enforceable.
What are your opinions?
Good Afternoon,
I spent some time looking at MN lien law (www.revisor.mn.gov) and found this entry:
337.10 BUILDING AND CONSTRUCTION CONTRACTS; PROHIBITED PROVISIONS.
Subdivision 1.Application of laws of another state.
Provisions contained in, or executed in connection with, a building and construction contract to be performed in Minnesota making the contract subject to the laws of another state or requiring that any litigation, arbitration, or other dispute resolution process on the contract occur in another state are void and unenforceable.
Subd. 2.Waiver of lien or claim.
Provisions contained in, or executed in connection with, a building and construction contract requiring a contractor, subcontractor, or material supplier to waive the right to a mechanics lien or to a claim against a payment bond before the person has been paid for the labor or materials or both that the person furnished are void and unenforceable. This provision shall not affect the validity of a waiver as to any third party who detrimentally relies upon the waiver.
As I understand, and I am no lawyer, that waiver of lien rights in contracts to minnesota contractors is not enforceable.
What are your opinions?