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can I file a Notice of Furnishing

MichiganConstruction ContractMechanics LienPayment DisputesPreliminary Notice

I'm an environmental consultant and collected 2, 4oz jars of soil media and with an oral agreement to submit the soil to a lab, which I have an account. There was 8 total analyses for literally hundreds of compounds totaling $1,300. There was urgency on behalf of the Client and these samples would help to define the subsequent proposal and cost estimate. The Client is now saying that he did not order the analysis, says he ordered the analysis to stop and won't pay. He was to late to stop the process of analysis. There is a definite "shelf life" or technically a holding time of 10 days. Please advise.

1 reply

Jan 15, 2021

Notices of Furnishing are really just informative letters, and they don't stake a claim. So, anyone can really send a Notice of Furnishing, regardless of whether mechanics lien rights exist.

As for whether a mechanics lien would be available for the above-described work: Generally, mechanics liens are only available to those who have permanently improved property but gone unpaid for it. But, when the work doesn't actually result in any physical change to the property - like testing soil - mechanics liens likely won't be available. 

With that being said, it doesn't mean other claims won't be available to get you paid - like, potentially, a breach of contract claim. Note also that sending a payment demand letter could lead to payment as well, without ever having to make a formal claim.

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