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Do I have any lein rights

MichiganRetainage
Anonymous Subcontractor

I'm a commercial painting sub contractor working at a U of M building in Michigan. I'm completely done with the project since December 31, 2021 and have been paid for all except our 10% retention. The General Contractor is saying that the owner will not pay out retention until two change orders are dealt with for another sub contractor (not us). This project started back in early 2021 and I don't see that the Office Manager at that time sent a Notice of Furnishings. Do we have any lein rights to collect our balance?

2 replies

JAMES WEINER
Construction Lawyer
Attorney at James T. Weiner & Associates
| 8 reviews
Apr 27, 2022
UofM is a quasi governmental/state owned organization. Construction lien rights do not attach to governmental buildings. Even if you had a right to a construction lien, if you finished the project your lien rights were extinguished 90 days from the last date of work anyway. However in lieu of a construction lien, the general contractor should have put up a performance bond. Ask the general for a copy of the performance bond and make a claim. Further, read your contract carefully unless the contract allowed a retention right of your money for a third party's actions.
I have answered this question with a general knowledge of law and the limited information presented. My answer does not create an attorney-client
relationship. You may contact my office for more information if you want to retain my services.See More...See More...
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Peter Cavanaugh
Construction Lawyer
Partner at Cavanaugh & Quesada, Plc
| 52 reviews
Apr 28, 2022
The University of Michigan is considered a public entity and not subject to construction liens. The General Contractor for your project should have furnished the U/M with a payment and performance bond. Request the payment bond. Read the bond. You are probably a claimant under the payment bond and can send a letter demanding payment to the surety, a copy to the U/M, and General Contractor. Send your demand letter by certified mail, and return receipt (green cards). Let me know if you get stuck.
I am not your lawyer. The information presented here is general in nature and is not intended as legal advice for any particular case. Answering your
question does not make me your lawyer.See More...See More...
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