What defines the labor part of “materials & labor” with respect to the 90-day construction lien filing clock?
If all work is completed, but contractor returns to take owner’s complaints and take pictures of deficiencies is this considered “work”?
1 reply
Mar 28, 2020
Hello,
The short answer to your question is, No.
The 90-day period for recording a Claim of Lien in Michigan begins on the date of completion of the original installation work and is not extended by the later performance of warranty work. Warranty work is not considered an "improvement" because it does not confer any additional value to the property. Woodman v. Walter, 204 Mich. App. 68, 69-70; 514 N.W.2d 190 (1994).
From what you're describing, returning to the worksite to discuss an Owner's complaints and take pictures, it sounds like you're responding to a warranty claim. Under these circumstances, I don't believe this counts as "work" for purposes of the 90-day period.
Peter Cavanaugh