James T. Weiner & Associates, P.C. is a law firm located in Bingham Farms, Michigan. The firm has been in business for many years. Their practice areas include Construction Law.
Actually I am not sure if removing a downed tree is "construction" according to the Michigan Construction Lien Act -- I have included the relevant sections of the law below and it seems like it might be included. BUT you must file a construction lien within 90 days of the last date of work at the property for the lien to be valid. . Sec. 103. (1) "Actual physical improvement" means the actual physical change in, or alteration of, real property as a result of labor proSee More...See More...
A notice of commitment gives the information necessary for subcontractors to file relevant notices and even liens if necessary. Failure to provide and file one gives subcontractors, suppliers and laborers extra time to file all required notices (and may cause additional liability for tracking down the information to file a lien) ... except it does not extend the time to file a lien which still must be filed within 90 days of the last datSee More...See More...
To my knowledge there is no "law" on deposits for construction contracts. That said i have had several clients that paid significant up front deposits then the contractor never came back to even start the work. So asking for a significant up front deposit could drive away potential clients.See More...
Has it been more than 90 days since his last date of work at the site? If so his lien will be invalid if he files it. You need to demand a "Sworn Statement" from him regarding all subcontractors and suppliers that may or may not have been paid and it has to be received PRIOR to any further payments. Unfortunately you may need to have expert testimony to prove that the changes he made to the project diminished the value since he apparently "substantially See More...See More...
In Response to both Attorney Olson and Passenger: The question clearly states its a residential property (e.g. "on my home residence") thus a residential builders license should be required. Further a construction liens allow the collection of attorneys fees for enforcing the lien if successful and many appeals court cases have held that attorneys fees can vastly exceed the underlying claim. I forget if attorneys fees are collectable for defending a lien sucSee More...See More...