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Michigan Statutes, Title 570

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Michigan/Statutes

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Title 570, LIENS

17 chapters · 183 sections in this title.

All chapters in Title 570183 Ch 59-of-1864 (Ex. Sess.), LIEN ON WATERCRAFT49 Ch 497-of-1980, CONSTRUCTION LIEN ACT35 Ch 481-of-2002, SPECIAL TOOLS LIEN ACT17 Ch 146-of-1937, LIEN FOR LABOR AND MATERIALS FOR OIL…14 Ch 201-of-2010, COMMERCIAL REAL ESTATE BROKER'S LIEN ACT14 Ch R.S.-of-1846, Revised Statutes of 184610 Ch 312-of-1915, GARAGE KEEPER'S LIEN ACT10 Ch 116-of-1911, PRESSING, THRESHING, OR HULLING LIEN9 Ch 362-of-1998, MICHIGAN MARINA AND BOATYARD STORAGE…9 Ch 148-of-1985, SELF-SERVICE STORAGE FACILITY ACT7 Ch 187-of-1905, PUBLIC BUILDINGS AND PUBLIC WORKS; B…5 Ch 259-of-1931, BUILDING CONTRACT FUND3 Ch 254-of-1909, LIEN FOR LABOR ON PROPERTY OF COAL, …1

35 sections·Filtered byTitle 570✕Ch 497-of-1980✕

Mich. Comp. Laws § 570.1101 Short title.
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Sec. 101. This act shall be known and may be cited as the "construction lien act".
Mich. Comp. Laws § 570.1102 Meanings of words and phrases.
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Sec. 102. For the purposes of this act, the words and phrases defined in sections 103 to 106 have the meanings ascribed to them in those sections.
Mich. Comp. Laws § 570.1103 Definitions.
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Sec. 103. (1) "Actual physical improvement" means the actual physical change in, or alteration of, real property as a result of labor provided, pursuant to a contract, by a contractor, subcontractor, or laborer which is readily visible and of a kind that would alert a person upon…
Mich. Comp. Laws § 570.1104 Additional definitions.
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Sec. 104. (1) "Court" means the circuit court in which an action to enforce a construction lien through foreclosure is pending. (2) "Design professional" means an individual who is licensed or registered as an architect, professional engineer, or professional surveyor under artic…

Mich. Comp. Laws § 570.1105 Additional definitions.

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Sec. 105. (1) "Lessee" means a person, other than the owner, who holds an interest, other than a security interest, in real property. (2) "Lien claimant" means a person having a right to a construction lien under this act. (3) "Owner" means a person holding a fee interest in real…

Mich. Comp. Laws § 570.1106 Additional definitions.

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Sec. 106. (1) "Person" means an individual, corporation, partnership, association, other legal entity, or any combination of these. (2) "Professional services" means services that are customarily and legally performed by or under the supervision or responsible control of design p…

Mich. Comp. Laws § 570.1107 Construction lien generally.

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Sec. 107. (1) Each contractor, subcontractor, supplier, or laborer who provides an improvement to real property has a construction lien upon the interest of the owner or lessee who contracted for the improvement to the real property, as described in the notice of commencement giv…

Mich. Comp. Laws § 570.1107a Construction lien for professional services contract by design professionals; notice of contract; form; recording; validity, effectiveness, and duration of notice; applicability to other liens.

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Sec. 107a. (1) A design professional who enters into a written contract with an owner, or with a person acting as an agent of the owner, to provide professional services relating to the proposed or actual erection, alteration, repair, or removal of a structure on or other improve…

Mich. Comp. Laws § 570.1107b Construction lien for subcontract for professional services with design professional; approval by owner; notice of subcontract; form; recording; validity, effectiveness, and duration of notice; applicability to other liens.

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Sec. 107b. (1) A person that furnishes professional services under a written subcontract with a design professional who has recorded a notice under section 107a, and whose engagement has been approved in writing by or on behalf of the owner of the property, may record with the re…

Mich. Comp. Laws § 570.1108 Improvements to real property; notice of commencement; form; recording; contents of notice; blank notice of furnishing; incorrect information in notice; providing copy of notice and blank notice of furnishing form to subcontractor, supplier, or laborer upon request; posting copy of notice; failure of owner, lessee, or designee to record, provide, or post required notice; failure of contractor or subcontractor to provide notice; section inapplicable to residential structure improvement.

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Sec. 108. (1) Before the commencement of any improvements to real property, the owner or lessee contracting for the improvements shall record in the office of the register of deeds for each county in which the real property to be improved is located a notice of commencement, in t…

Mich. Comp. Laws § 570.1108a Improvement to residential structure; notice of commencement; contents of notice; blank notice of furnishing; incorrect information in notice; providing copy of notice and blank notice of furnishing to contractor, subcontractor, supplier, or laborer upon request; posting copy of notice; failure of owner, lessee, or designee to provide or post notice; failure of contractor or subcontractor to provide notice and name and address of owner or lessee; liability to lien claimant; section applicable to residential structure improvement.

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Sec. 108a. (1) An owner or lessee who contracts for an improvement to a residential structure shall prepare and provide a notice of commencement to a contractor, subcontractor, supplier, or laborer who has made a written request for the notice as provided in this section. (2) A n…

Mich. Comp. Laws § 570.1109 Subcontractor, supplier, or laborer contracting to provide improvement to real property; service of notice of furnishing; form of notice; effect of failure by lien claimant to provide notice within time specified; failure of laborer to provide notice of furnishing; authorization of agent by laborers to prepare and serve notice.

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Sec. 109. (1) Except as otherwise provided in sections 108 and 108a, a subcontractor or supplier that contracts to provide an improvement to real property shall provide a notice of furnishing to the designee and the general contractor, if any, as named in the notice of commenceme…

Mich. Comp. Laws § 570.1110 Sworn statement by contractor or subcontractor; contents; form; notice of receipt; withholding from contractor or subcontractor amount due subcontractors, suppliers, laborers, or lien claimants; direct payments to lien claimants; notice; itemized statement; reliance on sworn statement to avoid claim; failure of contractor or subcontractor to provide sworn statement to owner or lessee prior to recording claim of lien; giving false sworn statement to owner or lessee as crime; total amount; prior convictions; prohibited use.

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Sec. 110. (1) A contractor shall provide a sworn statement to the owner or lessee in each of the following circumstances: (a) When payment is due to the contractor from the owner or lessee or when the contractor requests payment from the owner or lessee. (b) When a demand for the…

Mich. Comp. Laws § 570.1111 Claim of lien; recording; validity; form; assignment; statement; proof of service of notice of furnishing; serving copy of claim of lien and recorded proof of service on designee, owner, or lessee; claim of lien of more than 1 laborer; consideration by court.

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Sec. 111. (1) Notwithstanding section 109, the right of a contractor, subcontractor, laborer, or supplier to a construction lien created by this act shall cease to exist unless, within 90 days after the lien claimant's last furnishing of labor or material for the improvement, pur…

Mich. Comp. Laws § 570.1112 Endorsing and indexing instrument by register of deeds; recording fee; constructive notice.

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Sec. 112. (1) If a notice of professional services contract, notice of professional services subcontract, notice of commencement, claim of lien, certificate of discharge of lien, or a certificate of a county clerk that no proceedings to enforce a construction lien have been comme…

Mich. Comp. Laws § 570.1113 Making available to lien claimant copy of contract and statement of amount due and unpaid; liability of owner or lessee; providing to owner, lessee, or designee statement of labor and material furnished; liability of lien claimant failing to provide statement; honoring request for payment by lien claimant.

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Sec. 113. (1) An owner or lessee who contracts for an improvement, upon receipt of a written demand by a lien claimant, shall make available for inspection and copying to the lien claimant, within 10 days after receipt of the written demand, a copy of the contract for the improve…

Mich. Comp. Laws § 570.1114 Construction lien on interest of owner or lessee in residential structure; providing improvement under written contract required; statement; contents.

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Sec. 114. A contractor does not have a right to a construction lien on the interest of an owner or lessee in a residential structure unless the contractor has provided an improvement to the residential structure under a written contract between the owner or lessee and the contrac…

Mich. Comp. Laws § 570.1114a Construction lien recorded by unlicensed person.

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Sec. 114a. (1) The owner of residential property on which a construction lien has been recorded by a person who was not licensed as described in section 114, or any person affected by the lien, may bring an action to discharge the lien. (2) If the court in an action under subsect…

Mich. Comp. Laws § 570.1115 Waiver of construction lien.

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Sec. 115. (1) A person shall not require, as part of any contract for an improvement, that the right to a construction lien be waived in advance of work performed. A waiver obtained as part of a contract for an improvement is contrary to public policy, and shall be invalid, excep…

Mich. Comp. Laws § 570.1116 Claim of lien; vacation and discharge; bond; penal sum; filing; notification of lien claimant; objection to sufficiency of surety; appearance by surety; approval of bond; certificate; recordation; discharge of claim of lien and notice of lis pendens; action by obligee; court order or other relief.

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Sec. 116. (1) The claim of lien of a contractor, subcontractor, supplier, or laborer may at any time be vacated and discharged if a bond, with the lien claimant as obligee, is filed with the county clerk for the county in which the property covered by the lien is located and a co…

Mich. Comp. Laws § 570.1117 Action for enforcement of construction lien through foreclosure; notice of lis pendens; agent appointed to represent laborers; parties; action on contract by lien claimant; enforcement of lien by cross-claim or counterclaim where lien claimant party; sworn statement.

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Sec. 117. (1) Proceedings for the enforcement of a construction lien and the foreclosure of any interests subject to the construction lien shall not be brought later than 1 year after the date the claim of lien was recorded. (2) At the time of commencing an action for the enforce…

Mich. Comp. Laws § 570.1118 Action to enforce construction lien through foreclosure; circuit court; equitable nature of action; enforcement of lien by cross-claim or counterclaim filed in pending action; duties of court; attorneys' fees.

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Sec. 118. (1) An action to enforce a construction lien through foreclosure shall be brought in the circuit court for the county where the real property described in the claim of lien is located. If the real property is located in more than 1 county or judicial circuit, the action…

Mich. Comp. Laws § 570.1118a Attachment of claim to residential structure; affidavit; rebuttable presumption of payment by owner or lessee to contractor.

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Sec. 118a. (1) A claim of construction lien does not attach to a residential structure, to the extent payments have been made, if the owner or lessee files an affidavit with the court stating that the owner or lessee has paid the contractor for the improvement to the residential …

Mich. Comp. Laws § 570.1119 Claims of lien having equal priority; priority of construction lien over garnishments and over other interests, liens, or encumbrances; attachment; effect of recording; priority of recorded mortgage, lien, encumbrance, or other interest over construction lien; advances; retainage.

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Sec. 119. (1) Except as otherwise provided by subsection (4), as between parties entitled to claim construction liens under this act, the liens have equal priority. This subsection applies and the construction liens have equal priority regardless of whether the lien arises at the…

Mich. Comp. Laws § 570.1120 Failure of owner or lessee to perform contract; compensation and additional damages.

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Sec. 120. If a lien claimant, by reason of the failure of an owner or lessee to perform the contract, and without fault on the part of the lien claimant, has been prevented from completely performing the contract, the lien claimant shall be entitled to compensation for as much as…

Mich. Comp. Laws § 570.1121 Judgment of foreclosure; sale of real property or improvement; satisfaction of lien from rents, profits, and income; adding tax and insurance premium payments; affidavit; redemption period; conduct of sale; right, title, and interest vested in grantee; final order; deficiency judgment; surplus; bringing sale proceeds into court; redemption.

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Sec. 121. (1) If the court finds that a lien claimant is entitled to a construction lien upon the real property to which he or she furnished an improvement, and the amount adjudged to be due has not been paid, the court may enter a judgment ordering the sale of any interest in th…

Mich. Comp. Laws § 570.1122 Appointing receiver in action to enforce construction lien through foreclosure or in action to foreclose mortgage; petition; motion; finding; appointment; nominations by mortgagee and lien claimant; fiduciary responsibility; appointment of receiver for residential structure or certain apartment buildings prohibited; power of receiver.

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Sec. 122. (1) If the improvement to the real property is not completed as of the date of commencement of an action in which enforcement of a construction lien through foreclosure is sought or in any action to foreclose a mortgage on the real property on which the incomplete impro…

Mich. Comp. Laws § 570.1123 Petition by receiver for authority to complete construction of improvements, borrow money, grant security, or sell real property under foreclosure; sale; redemption period; purchase of real property by lien claimant or mortgagee; right, title, and interest vested in grantee.

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Sec. 123. (1) The receiver may petition the court for authority to complete construction of improvements to the real property in full or in part, to borrow money to complete the construction, and to grant security, by way of mortgage or otherwise, for the borrowings. The priority…

Mich. Comp. Laws § 570.1124 Final account of receiver; final order directing distribution of assets; order of priority; deficiency judgment; notice of hearing.

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Sec. 124. (1) Upon the completion of the sale of the real property, the receiver shall prepare and submit a final account for examination and approval by the court. The court shall enter a final order directing the distribution of all funds or other assets held by the receiver. R…

Mich. Comp. Laws § 570.1125 Assignability of construction lien; powers and obligations of assignee.

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Sec. 125. A construction lien which arises under this act is assignable. Proceedings for the enforcement of the lien may be maintained by, and in the name of, the assignee. In that case, the assignee shall have the same power to enforce the construction lien, and shall be subject…

Mich. Comp. Laws § 570.1126 Construction lien concerning condominium; limitations; definitions.

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Sec. 126. (1) A construction lien, concerning a condominium, arising under this act is subject to the following limitations: (a) Except as otherwise provided in this section, a construction lien for an improvement furnished to a condominium unit or to a limited common element sha…

Mich. Comp. Laws § 570.1127 Full payment of claim of lien; certificate; discontinuance or dismissal of action to enforce lien through foreclosure and to discharge notice of lis pendens; documents; providing discharges of lien and other documents.

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Sec. 127. (1) When any claim of lien has been fully paid, the lien claimant shall deliver to the owner, lessee, or other person making payment a certificate, witnessed and acknowledged in the same manner as a discharge of mortgage, that the claim has been paid and is now discharg…

Mich. Comp. Laws § 570.1128 Failure to commence proceedings to enforce lien within time provided by law; certificate; recording; affidavit showing time statement or claim of lien recorded.

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Sec. 128. If any statement or claim of lien has been recorded in the office of a register of deeds, and the time within which proceedings to enforce the lien through foreclosure has elapsed without commencement of the proceedings, a person with an interest in the real property af…

Mich. Comp. Laws § 570.1302 Construction of act.

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Sec. 302. (1) This act is declared to be a remedial statute, and shall be liberally construed to secure the beneficial results, intents, and purposes of this act. Substantial compliance with the provisions of this act shall be sufficient for the validity of the construction liens…

Mich. Comp. Laws § 570.1305 Effective date of act; effective date of MCL 570.1303.

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Sec. 305. (1) Except as provided in subsection (2), this act shall take effect January 1, 1982. (2) Section 303 takes effect March 1, 1982.