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Can I file a lien -I was a consultant to the hotel

Hi there, I was hired as a Pre-Construction Manager Consultant and a Designer to work on the conversion of the McCamly Plaza Hotel into a Doubletree Hotel. I'd like to file a lien but the options online only pertains to a GC, sub-contractor and material provider. What about consultants? Thank you and I look forward to your response before I sign up online. Aileen

1 reply

Feb 22, 2018

In Michigan, the parties allowed to file a mechanics lien are contractors, subcontractors, suppliers, or laborers who provide improvement to real property. An "improvement" for purposes of Michigan lien law, "means the result of labor or material provided by a contractor, subcontractor, supplier, or laborer, including, but not limited to, surveying, engineering and architectural planning, construction management, clearing, demolishing, excavating, filling, building, erecting, constructing, altering, repairing, ornamenting, landscaping, paving, leasing equipment, or installing or affixing a fixture or material, pursuant to a contract."

So, professional services - even extending to construction management - qualify for mechanics lien protection under Michigan lien law. There may be some questions surrounding the relative priority or applicability of such a lien depending on the commencement of "actual physical improvement" of the property, and whether that was actually undertaken relative to the work provided.

Generally, other than specific project roles such as "architect," "material supplier," or "equipment lessor" the roles of "GC"/"direct" contractor and sub, sub-sub, etc., are dependent on whom that party contracted with; i.e. if a party contracted with the property owner s/he would be a GC/direct contractor.

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