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Can i request an extension of filing right to send out the notices for filing

MichiganLien WaiversPreliminary Notice

The invoice received shows dated 7/28/2020, 8/7/2020 .If a deadline is missed to send out the prelim notices and notice of intent can we request an extension or our filing rights?

2 replies

Nov 5, 2020

The recording deadline for construction liens in Michigan is 90 days from the last date of work. Warranty work won't extend that deadline. And while there is "substantial compliance" for some requirements under the statute, Michigan courts have held that "90 days means 90 days" in terms of lien recording.

So, in terms of requesting an extension, I don't think that will help you. It won't extend the 90-day recording deadline. And I wouldn't rely upon someone's promise to extend the deadline. They may just be talking you past your lien rights. Don't be fooled.   

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Jun 22, 2021
I agree with the other answer.. always file a lien within 90 days of the last date of work at the site. Other time frames in MI Lien law are flexible.
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