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Sending a Preliminary Notice outside of the 20 day window in Michigan

I just began my Levelset subscription today. I have a project that started in March worth $125,000. First ship date was March 14. I am past the 20 days after I first shipped. If I send a preliminary notice now, would it go back 20 days from today? So I would be covered for the work I've done since April 6 or so (give or take a few days)? The balance outstanding on this project is $80,400, so I have lots more work coming. I think I should send this notice now to be covered for whatever I can. Do you agree?

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Apr 26, 2022

The Michigan Construction Lien act requires you to send a NOTICE OF FURNISHING.. preferably within 20 days of the first day you work at (or supply something to) a site. HOWEVER, many timelines have been held to be flexible .. EXCEPT FOR THE 90 DAY TIME AFTER THE LAST DAY YOU SUPPLY SOMETHING TO OR WORK AT THE SITE. SO a construction lien must be filed in the ROD's office within that 90 day time period or its void. So send the Notice of Furnishing now.. and go forward.

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Apr 26, 2022

The Notice of Furnishing section of Construction Lien Act protects almost everyone who serves a Notice of Furnishing after the 20 days: (5) The failure of a lien claimant to provide a notice of furnishing within the time specified in this section does not defeat the lien claimant's right to a construction lien for work performed or materials furnished by the lien claimant after the service of the notice of furnishing. (6) The failure of a lien claimant to provide a notice of furnishing within the time specified in this section does not defeat the lien claimant's right to a construction lien for work performed or materials furnished by the lien claimant before the service of the notice of furnishing except to the extent that payments were made by or on behalf of the owner or lessee to the contractor pursuant to either a contractor's sworn statement or a waiver of lien in accordance with this act for work performed or material delivered by the lien claimant. So I agree with James Weimer, send the Notice of Furnishing now to at least to cover new shipments. The above response is provided as a courtesy and does not establish an attorney-client relationship. If you would like to contact me directly for a consultation, I am located in Port Huron (810) 987-3970. Since 1975.

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