a second-tier subcontractor filed a lien on a property Macomb, MI. The current plan is for a check to be written directly to the lien claimant, however, 10% retainage is withheld on the project. Would releasing retainage to the lien claimant violate the Michigan Property Code? Would the owner of the property lose protection the Property Code provided by releasing the retainage?...Read More
In Michigan, if a contractor fails to pay a subcontractor what they are owed, and the subcontractor has filed a Notice of Furnishing with the contractor, is the owner responsible to pay the subcontractor? Even if the contractor has already been paid in full?...Read More
Hello, I would love and sincerely appreciate the assistance of a lien expert. I have a $30,000 Construction Lien that I am looking to commence as timely as possible in Michigan. However, I have had no luck with locating a lien liaison who can assist with filing the claim. Do you have any contacts or websites that you would reccommend? Please let me know either way. Thank you in advance.
All the best,
Christina...Read More
I'm a licensed builder and owner of a home in Michigan. I have a PPO on this person and an assault charge pending. I did the renovations starting May 24, 2019 and completed them in August 1, 2019. It was listed on the MLS effective Aug. 16, 2019. the said person clearly stated on the claim of deed he renovated the home on Nov. 1, 2019 to April 17,2020. He placed lien for $7000.00. The renovations were complete in Aug. 2019. He did no work. What can I do now? ...Read More
If I'm understanding correctly, as the licensed general contractor on a residential project with a written signed contract, I do NOT need to file a notice of furnishing (ever) and can still file a lien if needed during the project, correct?...Read More
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...Read More
We are a general contractor working for another general contractor on a residential job. We are billing the contractor but they have been slow to pay. Can we lien the property?...Read More
I am supplier that works directly with the owner and managment company for the property. No contract was ever singed since they order from us regalr, if i can include a monthly statment, can i still proceed to file mechanic's lien on the property. ...Read More
We work primary in FL. My question is, can I add the collection cost, such as interest and lien fees to the lien amount when filing for a lien? I would like to know the answer both in FL. ...Read More
I represent a company which rented construction equipment to a contractor for use in the construction of a sea wall for a residence. Can we file a valid Mechanics Lien?...Read More
I don't understand a "waiver of Lein" payments.
I still have to check with the Better Business Bureau for complaints and call the Licensing Board to see if the contractor I've received an estimate from is a licensed & certified builder before hiring him. The estimate from the contractor does state his address and phone number. I have to check to see if it includes his tax identification number. I am having my master bathroom shower pan and shower & tub tiles replaced. I am going over my contractor's estimate. He did document the description of the work to be done, but it is significantly lacking in details. I have asked that he include copies of his liability & workman's compensation insurance certificates, Statement of Warranty ( is material & labor guaranteed, if so, for how long), start & approximate completion dates, payment procedure, brand names, style, model numbers, a list of costs spelled out clearly, and the grade/quality of materials using., and that he/they are to clean up behind their work daily.
I am requesting a clause in the contract allowing me to withhold payment if work slows down or stops. I came across a statement that advised I include a "waiver of lien" for payments in the contract. I am confused. Is that to safeguard me from a subcontractor coming after ME after I've paid the contractor for the job, in the event the contractor doesn't pay the subcontractor? Also, how does one check out the financial stability of a contractor with these overly stringent confidentiality regulations in place? Can you help me regarding the "waiver of lien?" Is there anything more I should do to safeguard myself? I know there should be a "Right to Cancel" clause, but if everything is satisfactory and the contractor & I both agree to my detailed inclusions, he/they can start ASAP. What do you think?
Thank you!
Susan Pough...Read More
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....Read More