A mechanic’s lien is a legal claim that a contractor or subcontractor can place on a property if they haven’t been paid for work or materials they supplied. In Michigan, the process for filing a mechanic’s lien is governed by the Michigan Construction Lien Act (MCLA 570.1101 et. seq.).
Here is a general overview of the mechanic’s lien process in Michigan:
- Preliminary Notice. General contractors are not required to provide a preliminary notice. However, subcontractors and suppliers who do not have a direct contract with the property owner must provide a preliminary notice within 20 days of the first furnishing of labor on materials.
- Notice of Furnishing. This is a notice that can be filed by subcontractors and suppliers. It is not required but it is helpful. A notice of furnishing is used to preserve the right to file a lien if necessary. It should be filed within 20 days of the first furnishing of labor or materials.
- File the Mechanic’s Lien. To file a mechanic’s lien in Michigan, you need to record a Claim of Lien with the Register of Deeds in the county in which the property is located. The deadline to file a mechanic’s lien is within 90 days from the last day the claimant provided labor or materials.
- Serve a Copy of the Lien. After filing the lien, a copy must be served on the property owner within 15 days by certified mail with the return receipt requested.
- Enforcement. If payment is still not received, the claimant has one year from the date the lien was recorded to file a lawsuit to enforce the lien.
It is crucial to follow the specific requirements outlined in the Michigan Construction Lien Act to ensure the validity of the lien. Failure to comply with the statutory requirements may jeopardize the lien claim.
Please note that this information is a general overview, and it’s advisable to consult with a legal professional to get advice tailored to your specific situation and to ensure compliance with any changes in the law. Legal requirements are ever-changing, and this information may not reflect the most recent updates.
For more information about mechanic’s liens, or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message.
