Menu
Home>Levelset Community>Legal Help>Mechanics Lien - What are my options?

Mechanics Lien - What are my options?

Michigan

Project No. 800110 The deadline has passed for filing a lien for this project. What are our options?

8 replies

Jul 19, 2021
You can always sue for breach of contract if you are not getting paid. Unfortunately a construction lien has advantages.. it secures your debt and it allows collection of actual attorneys fees which your contract may not allow for.
0 people found this helpful
Helpful
Jul 19, 2021
BTW You have mis-identified the type of lien. A mechanics lien is a possessory lien that for example allows you to keep an automobile you repaired until you get paid -- it terminates when you give up possession. A construction lien is filed against the title to real property for construction work you, as a contractor, laborer or supplier, worked on.
0 people found this helpful
Helpful
Jul 19, 2021

 If we had someone on site recently would that re-instate our
rights?  

0
Report Spam
Jul 19, 2021

I appreciate the clarity.

0
Report Spam
Jul 19, 2021
It depends .. was the person doing anything substantial? Mere minor cleanup has been held not to begin the 90 day clock again -- otherwise a contractor could abandon tools and stuff and indefinitely extend the 90 days until the contractor comes back to retrieve them.
0 people found this helpful
Helpful
Jul 19, 2021

 Would a Construction Manager doing quality checks and
tracker operation inspection qualify?  

0
Report Spam
Jul 19, 2021
Not sure .. file it and you can argue about it...at least have a shot...
0 people found this helpful
Helpful
Jul 26, 2021
Does " ... a Construction Manager doing quality checks and
tracker operation inspection qualify? " speak to scope of work in the underlying contract? This would bolster the argument. Otherwise, obtain judgment so exert other enforcement means (e.g. garnish bank accounts using checks you probably have, or Michigan Tax Income, etc.). Often a polite and firm Demand Letter from your lawyer applying facts to law will move the needle. Good luck.
0
Report Spam