Michigan Lien Laws
Lien laws vary significantly across states, reflecting the diverse legal landscapes and economic conditions throughout the U.S. These laws govern the rights of creditors to claim an interest in property to secure payment for debts. For instance, some states have specific statutes that provide detailed processes for mechanics’ liens, allowing contractors and suppliers to enforce claims for unpaid work or materials on construction projects. In contrast, other states might have more streamlined or less detailed regulations.
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Supplier – Preliminary notice requirements to file mechanic lien
20 days: Notice of furnishing to owner and prime within 20 days from first providing labor or materials. Laborer has 30 days after wages were due, and not paid, to serve notice.
Supplier – Mechanic Lien
90 days: Lien must be filed within 90 days from last providing materials or labor.
Subcontractor – Preliminary notice requirements to file mechanic lien
20 days: Notice of furnishing to owner and prime within 20 days from first providing labor or materials. Laborer has 30 days after wages were due, and not paid, to serve notice.
Subcontractor – Mechanic Lien
90 days: Lien must be filed within 90 days from last providing materials or labor.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required. Upon request must provide list of subs and suppliers.
General Contractor – Mechanic Lien
90 days: Lien must be filed within 90 days from last providing materials or labor.
Timeframe to foreclose lien
Action to enforce must be commenced within 1 year from filing of lien.
Construction participants not covered by lien law
Unlicensed residential homebuilders are prohibited under Michigan law from bringing or maintaining an action in court to enforce a contract. This prohibition includes actions to foreclose construction liens.
Cost and damages not allowed in lien claim
Attorney fees, which may be awarded to a prevailing party, are not generally included in the original lien amount.