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Contractor's lien

Michigan

What kind of a lawyer should I speak to to get a contractor's lien removed?

5 replies

Apr 27, 2021

You should consult with a construction or real estate attorney.  

If the construction lien was recorded more than one year ago, and the contractor did not file a lawsuit to enforce the construction lien, LevelSet has a form in their Michigan library that can help you discharge the old lien without an attorney. The form is at this link - 

 https://www.levelset.com/lien-release/michigan-affidavit-for-release-of-expired-lien-form/

If the lien is current, less than one year old, and you wish to obtain a discharge of the lien, you have several options that range from payment to litigation if you believe the lien is invalid. A construction or real estate attorney can advise you. Prepare a summary of the facts, in chronological form, before you contact an attorney.      

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Apr 27, 2021

You need a business attorney familiar with Michigan's Construction Lien Act.

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Apr 27, 2021
The Lien Claimant will need to have complied with the statutory scheme to have preserved their lien rights. There are some distinctions between a residential vs. commercial job. Which one applies here? Did the homeowner or business owner receive notice that the sub was on the job (see Notice of Commencement, Notice of Furnishing, Sworn Statements, etc.)? Feel free to reach out. Regards, John K. Robertson LAW OFFICE - CONTRACT ATTORNEY t: (248)943-7770 e: lawjkr@mac.com (TEXT FOR EXPEDITED RESPONSE)
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Apr 28, 2021
Hi there,
 
You could go with a general practitioner, or a construction lien-law / risk management attorney. You can also utilize self-help to some extent depending on whether acting in your individual capacity, or on behalf of a business entity. Booklets are available to help you digest and get up to speed with Michigan Contruxtion Lien Act. Ultimately, you will want the release recorded with the Register of Deeds Office so that title is not clouded.
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Apr 28, 2021
One who specializes in construction law. I concur with the Answer filed by Mr. Cavanaugh. There are several “mistakes” a contractor can make in “perfecting” a Claim of Lien, especially if done by self without attorney. A common one is recording it more than 90 days after the last work was done, which is why it is important to do a time line to show an attorney
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