Eclipse Architectural Group, Inc. v. Lam, 2011 Minn. App. LEXIS 58

Kevin Lam owns Wing-Heng, Inc., which owns the La Quinta Inn hotel in Ramsey County.
Wing-Heng hired Hunter Construction in 2007 for hotel renovations; Brickwell Bank funded the project with two mortgages.
In 2007 Eclipse filed foreclosure action on its mechanic’s lien; Midwest, Verde, and Hunter also filed liens and later crossclaims.
At trial in 2009, Ken Hunter testified lien statements were hand-delivered to Lam, not served by certified mail.
District court held that the lien statute governs and 4.02 does not apply to lien statements; service was proper under §514.08.
Brickwell Bank appeals the district court’s ruling, and the court affirms the decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Rule 4.02 applies to service of a mechanic’s lien statement.	Brickwell argues 4.02 requires personal service by a non-party.	Lam argues lien statements are not summons/other process; 4.02 does not apply.	4.02 does not govern service of a lien statement; statute controls.

Custom Design Studio v. Chloe, Inc., 584 N.W.2d 430 (Minn.App.1998) (statutory construction guidance for statutory interpretation of liens)
Ryan Contracting, Inc. v. JAG Inv., Inc., 634 N.W.2d 176 (Minn.2001) (rules govern service of summons; liens statutes may override rules when inconsistent)
Eischen Cabinet Co. v. Hildebrandt, 683 N.W.2d 813 (Minn.2004) (rules Civil Procedure do not govern lien procedures when inconsistent)
Riverview Muir Doran, LLC v. JADT Dev. Grp., LLC, 790 N.W.2d 167 (Minn.2010) (mechanics liens are remedial and liberally construed)
M.E. Kraft Excavating & Grading Co. v. Barac Constr. Co., 279 Minn. 278, 156 N.W.2d 748 (Minn.1968) (linchpin authority on lien timeframes and recording requirements)
Armco Steel Corp., Metal Prods. Div. v. Chicago & N.W. Ry. Co., 276 Minn. 133, 149 N.W.2d 23 (Minn.1967) (mechanics lien laws are remedial and liberally construed)