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Can I file a lien to obtain payment

Michigan

We are a material supplier and our customer has not paid us. he states he has paid and has not.

2 replies

Mar 30, 2023

The Michigan Construction Lien Act allows a person or company who supplies materials for a "physical improvement" on real property to file a lien. You must follow the rules in order to have a valid lien. Most importantly, the lien must be filed within 90 days of last providing materials or labor on the job site. If you don't file on time, then you get no lien.

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Mar 30, 2023

I agree with Edwqrd Olson.. YOU MUST FILE THE LIEN WITHIN 90 days of LAST providing materials or labor to the job site. If you are late the contrator and property owner has a defense to the lien. Almost all other provisions of the Michigan construction lien act are "flexible" to an extent. If you file a lien and discover you have been paid (and not recorded it in error) you need to dismiss the lien immediately. 

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