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Can a contractor file a lien for unfinished work?

MichiganMechanics Lien
Anonymous Contractor

Can a contractor file a lien on work that is not yet completed, hasn’t requested payment and I haven’t refused payment. We ere waiting for the last repair in order for them to finish the carpet. The contractor then filed a lien. How is that legal?

3 replies

A contractor has to file a lien within 90 days of the contractor's late date of work at the site. If they file late there is no lien. That said it sounds like an overeager contractor.
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I agree with Mr. Weiner that the contractor is jumping the gun in asserting his lien rights. 

That being said, when the contractor completes the work and you make final payment, be sure to request and receive (1) a Full Unconditional Waiver of Lien; and (2) an executed Release and Discharge of Lien, which should be recorded with the Register of Deeds.   

I am not your lawyer. The information presented here is general in nature and is not intended as legal advice for any particular case. Answering your
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Lawyer at Olson Law Firm
| 37 reviews
Sep 7, 2021
The short answer is: Yes. Any person who provides materials or labor on your house has the right to file a lien (unless you pay them). It makes no difference whether the job is "complete" or not.
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