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Michigan Mechanics Lien Questions
All Status
Mechanics Lien
Michigan
Supplier placed a lien on the building but never sent a notice of furnishings
MichiganI had a contractor we provided me a Pool Plastering Finish that I paid in full to the contractor in Michigan. Now the Subcontractor who did the work is going to place a Mechanics Lien against my home since it appears the Contractor I hired DID NOT pay the Subcontractor who provided the service.
Can the Subcontractor place a Lien on my home even though I paid the Contactor I hired in full? Do I have any legal recourse against the Subcontractor for placing the lien on my home even though I paid the
Contractor in full for the services provided?
MichiganIssues with form being recorded
MichiganWe have a contract with a client for bathroom remodel. All is going smoothly, delayed a bit due to polar vortex weather, waiting on tile delivery, client decisions but all good until client is not happy with thickness of grout line from tub to first tile. We explained why that needed to happen, to save the integrity of their niches. Client is heated and they want to discuss how to move forward privately, we told them the only option at this point is to rip out and retile. Client comes back and wants to “cut ties”. We tell them that we will mutually release from the contract if they pay the rest of the labor fee (with a 5% discount for work not completed, even though they are refusing us to complete it) as well as reimburse us for materials (receipts provided) and city permit costs paid by our company. They are refusing to pay stating that the final labor pay is due when work is completed, however they are refusing to let us complete it. Do we have grounds for a lien? We just want what our contract states and to be paid for the 95% of work completed and materials/permit purchased.
Michigan Our Company did in a residential remodel . our Company name is on the building permit we held the insurance for the project . we were not in the GC payments were made to another party in which they did not make it in full back to us what are our rights ? can I Lien this project it has been about 60 days since we last worked on this project ..
MichiganHello! I have a question on how to proceed with an issue I have. A project I sent a lien to has made a payment in full. However, they have also submitted a charge to us taking back some of the payment they originally made. We are wanting to send out a new lien for the amount they took back. Do I need to start all over with the paperwork? Meaning, do I need to send a new Notice of furnishing, Notice of intent as well as a mechanics lien?
MichiganWe are trying to complete job. Builder owned property but is causing issues with completion.
MichiganHomeowners sent a letter via lawyer terminating the contract due to project delays. There is a small outstanding balance. They chose flooring that was over the budget and refused to pay as well as demanding items not in the proposal be installed without them paying. This is most likely because they went way over budget on other items throughout the project. They had police meet contractor at their home to remove tools. They want to call it all evened up at this point. Wondering if a lien should be filed or if contractor should attempt to negotiate for resolution.
MichiganOur general contractor is licensed and we paid him in full (which he wrote on our contract). However, an unlicensed subcontractor he supposedly hired claims he didn’t get paid and sent me a copy a NSF check from our contractor . He sent us the letter of furnishing and filed the claim lien with the register of deeds exactly 90 days from date supposedly last worked. Our contractor claims he took and or damaged some of his property so he isn’t paying him and says he is going to sue him but we have seen no proof of it. It has now been 30 days since we have had this lien unfairly placed on our property. What recourse do we have? ( unfortunately we didn’t know that we should have asked for a waiver of claim of lien prior to us paying our contractor)
MichiganI let him drive it for 2 weeks and has never pay anything on it. The verbal agreement was that he was to pay half of $1200.00 in 2 weeks and then in another 2 weeks he was to pay the rest. I originally asked $1500.00 but he was building a shed for us and so we took off $300.00 for doing the shed. So he sent a message to try and get the title to get it put it in his name. We said we were going to do that until he paid something on it. Now he has threatened to put a construction lien on the shed he never finished. I want to know if he can do that? He said he owns a construction company called Ward's Home Improvements
Michigana friend of mine who is a legal aid said that only lic contractors can file a lien
MichiganOn July 25th 2018 I hired a contractor to trim a tree that caused an insurance claim on my rental property and to my neighbor's property. The contract was not fulfilled and I let the contractor know my neighbor called to alert me it was not according to the agreement ( I live an hour and a half away). I let the contractor know I needed to see the property before I would issue payment. I went to see the tree on 7-30-18 and it was not trimmed according to our agreement. I issued a check for payment on 8-3-18 since I was receiving threats for payment. I decided to pay this unprofessional person to go away. Meanwhile I still have to have three limbs cut from the tree. On 8-10-18 I received a recorded claim of lien from Oakland county dated 8-6-18. I have proof the cashed check dated 8-7-18. I have called this contractor to get the lien released but he will not contact me back. Is there a template I can send to demand the release? What is the time frame he must complete this after he received payment?
MichiganI cannot find the language for the "notice" described in this statement:
"In Michigan, prime contractors, subcontractors, laborers, and suppliers are all required to give preliminary notice on all projects except 1 to 4 family residential owner-occupied buildings. For those projects, the “notice” required must be contained within the contract itself between the home improvement general contractor and the owner-occupier."
Does not having this in a contract signed in October 2017 prevent us from being able to file a lien?
MichiganHi there,
I was hired as a Pre-Construction Manager Consultant and a Designer to work on the conversion of the McCamly Plaza Hotel into a Doubletree Hotel.
I'd like to file a lien but the options online only pertains to a GC, sub-contractor and material provider. What about consultants?
Thank you and I look forward to your response before I sign up online.
Aileen
MichiganI am debating on whether to file a lien claim or a bond claim on a commercial project, where I am waiting on retainer for me and my subs. The GC would rather me file a bond claim because he claims the lien claim would slow down payment considerably. Would the bond claim be sufficient?
I would think the bond claim to the Hartford Insurance Company would be a sufficient security, but I do not want to be wrong.
Michigan