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On lien rights

MichiganLien Deadlines

The contract allows the contractor to hold 10% Retention for upto 90 days after job completion. They have us waiting on HVAC contractors that will install 5 curbs and 10 pipes through the roof which is include in the cost of the contract, but its been 6 months, and not even close to that point. They have only paid 81% contract. How does the 90 day period to file effect this when the job is a complete roof, but waiting on others? Can I just go ahead and lien it?

1 reply

May 4, 2021

The Michigan Construction Act says that a Notice of Lien must be filed within 90 days of the last date you provided materials or labor to a project. It makes no difference what the other contractors were doing or when. YOUR lien is based on when you did YOUR work.

If you don't file within 90 days, then you are prohibited from filing any lien. You still retain the right to sue for breach of contract.

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