Home>Levelset Community>Legal Help>Missed deadline?

Missed deadline?

I own a water mitigation company. I filed a mechanics lien via levelset on the 90th day of the last day on the job (deadline in MI) to collect payment from a customer. Levelset has issued a notification that as of today, I am past the deadline. Is this correct? Does the lien have to be recorded on the 90th day, or filed (the lien paperwork shows filed on 11/4/21 which is within the deadline) on the 90th day? Thanks in advance.

3 replies

Nov 8, 2021

I have no idea what "filing via Levelset means" or the procedures. HOWEVER a construction lien in Michigan should be RECORDED by the County Register of Deeds within the 90 day period or its invalid. I remember a case that says if it is stamped received by the County Register of Deeds at 5:01 pm when the office officially closes at 5:00 the lien is late. I would review all documentation and contact the County Register of Deeds to determine exactly when the County actually received the lien for recording -- and ask if they can amend the recording date to the date it was actually received for recording.

0 people found this helpful

Helpful

Nov 8, 2021

"the right of a contractor, subcontractor, laborer, or supplier to a construction lien created by this act shall cease to exist unless, *within 90 days after* the lien claimant's last furnishing of labor or material for the improvement, pursuant to the lien claimant's contract, a *claim of lien is recorded in the office of the register of deeds* for each county where the real property to which the improvement was made is located." Thereafter you also have other short term obligations to complete like service of the recorded documents and then you have one year to file suit to enforce the lien. Courts in Michigan have said it clearly: "With respect to the statutory language in question, the most reasonable interpretation of "90 days" is precisely "90 days," particularly where, as here, the statute emphasizes that the lien "ceases to exist" if not recorded within the ninety-day deadline." See, Northern Concrete Pipe, Inc v Sinacola Cos--Midwest, 461 Mich 316, 323 (1999)

0 people found this helpful

Helpful

Nov 8, 2021

Based on the uncontradicted facts, the result is clear. Even if we were to assume that the register of deeds "received" the lien claim at 5:02 p.m. on March 11, 1999, this was two minutes past the closing time of the office. Therefore, the register of deeds did not "receive" the lien for recording on that day. Instead, the register of deeds took delivery of the lien for filing on the following day. Strict compliance is necessary with regard to the ninety-day requirement. Northern Pipe, supra. Because T.J. Ceramic Tile did not file the lien claim within the requisite ninety days, the trial court did not err in granting summary disposition to Clouse. CAPITOL EXCAVATING & PAVING Co v CLOUSE, ___NW2d___; 2003 Mich. App. LEXIS 1160, at *15-16 (Ct App, May 20, 2003)

0 people found this helpful

Helpful