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question on filing a lien in Michigan

Michigan

We are a GC from MI, did a project for a LL at a mall in Lansing, MI. The Landlord still owes us roughly $53,000. If we send them an Intent to Lien notice, do we only have 10 days then to file the actual Claim of Lien? And, when does the 10 days start, from the time we send the Notice through your service or from the time they receive the Notice? We completed the project in June but there was an issue with the glass that took a while to get the subcontractor back to complete his work. Not sure if the LL is now dragging his feet , ie: playing games with paying us just because the glass correction work took so long ...

4 replies

Feb 7, 2022
The claim of lien must be filed within 90 days of the last day you provided materials or labor on the job. If more than 90 days has passed, then you cannot file a lien. This does not stop you from filing suit against the GC for breach of contract or any other claim you may have against the GC.
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Feb 7, 2022
Actually you can still file a lien after more than90 days but the lien is invalid.
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Feb 7, 2022
A construction lien must be filed within 90 days of the last date of work at a site or it is invalid. If you file a valid lien and do not get paid you must file a lawsuit to foreclose on the lien within 1 year from the date of filing. Apparently the 10 day time period is a demand for a notice of commencement ... you do not have to wait for the 10 days Because the 90 day period (and the 1 year statute of limitation) are the only firm dates in the Michigan Construction lien act.
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Feb 10, 2022
If you finished the project in june if than your 90 days has gone by. If the glass guy came back for "warranty" work or fix something, that does not start a new 90 day period. The above response is provided as a courtesy and does not establish an attorney-client relationship.
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