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Who is allowed to send a lein for a job

MichiganMechanics LienRight to Lien

we are a small tree company who did work for a large builder. The work and all letters are via Falling oaks 2 brothers . falling oaks did a company split one brother took falling oaks and the other took county tree. can I put the lein under both names. the owner of fallling oaks is pregnant and doesnt want to have to go to court

1 reply

Apr 21, 2020
Generally, the party filing the lien should be the party who did the work. So, even if there's been a company split at some point, a mechanics lien should likely still be filed under the name of the company who performed the work. As for whether mechanics lien rights would be available - Michigan mechanics lien rights are available to those who have performed work that permanently improves the project property. And, "improvement" is pretty broadly defined by Michigan's mechanics lien statute to include "clearing, demolishing, excavating, filling, building, erecting, constructing, altering, repairing, ornamenting, landscaping" among other activities. So, if the tree work that was done provided a lasting improvement to the project property, then a mechanics lien claim may well be on the table. Of course, keep in mind that less-official tools like sending invoice reminders or even a demand letter or Notice of Intent to Lien can be useful for getting paid. Considering mechanics liens are such a powerful tool - threatening a lien with a Notice of Intent can be really compelling, too. Obviously, liens are necessary for some situations. For more info on Michigan mechanics liens: (1) Michigan Mechanics Lien Guide and FAQs; and (2) How to File A Michigan Mechanics Lien – Step By Step Guide To Get You Paid.
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