What lien rights does a builder have when there is no recorded notice of commencement.
State of Michigan – homeowner has a bathroom renovation completed.
There is no Notice of Commencement recorded.
House is being sold….title company is aware that there is an outstanding invoice for work . Invoice is dated from June 2019. Homeowner refuses to pay full invoice, alleging that the builder went beyond the original scope of the project and charged more without authorization or acknowledgment from the homeowner.
No mechanics liens filed at this time, but builder is threatening to do so. Does the builder have a leg to stand on…..concern is that there is no document of record that establishes a timeline for this project and when a lien could be recorded and enforced.