Although my project is not yet complete, I am anticipating having issues with a possible lien. I have heard that the HVAC subcontractor has not been paid. What can I do, if anything, to head this off at the pass. I live in Michigan.
3 replies
Apr 16, 2021
First, be sure that either you or your general is compliant with Michigan Construction Lien Law. Two, pay nobody unless until you have lien waivers from all persons who have performed work. https://www.levelset.com/notice-of-commencement/michigan-notice-of-commencement-faqs/ Good luck!
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Apr 16, 2021
Michigan Construction Lien Law is a statutory dance between interested parties -- owner, general and (sub)subcontractors and laborers -- using Notice of Commencements, Sworn Statements, Full / Partial / Unconditional / Conditional Lien Waivers, etc. with timelines to preserve rights. Residential versus commercial jobs are treated a little different. You will want to review the status of these documents building off a copy of the Sworn Statement from the General Contractor. You can time payments with appropriate Lien Waivers supplied and even appoint an "Owners Designee" (like a lawyer to do this for you). Regards, John Robertson / Law - JKR (sole practitioner and contract attorney); t: (248)943-7770; e: lawjkr@mac.com.
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Apr 19, 2021
Don't give the general contractor final payment without a waiver of lien from hvac sub