Michigan Waiver of Lien Claim by Subcontractor
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How to fill out Waiver Of Lien Claim By Subcontractor?
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FAQ
A contractor, subcontractor, supplier, or laborer who provides an improvement to real property may acquire a construction lien under the Michigan Construction Lien Act (CLA).
Subcontractors of any tier have mechanics lien rights On residential projects (with 2 or less units), a general contractor only has lien rights if there is a written contract with the property owner.
Michigan mechanics lien statutes do not require lien waivers to be notarized in order to be valid. In fact, there are only 3 states where notarization is required on lien waivers.
You must file a construction lien in Michigan within 90 days of the date you last worked on the property or supplied materials for the improvement project. Failing to meet this strict deadline leaves you without legal recourse.
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 the form set forth in this section.
(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 given under section 108 or 108a, the interest of an ...
In all cases, the recorded Claim of Lien has a one-year life span; meaning that a lawsuit to enforce or foreclose the lien must be filed within one year after the date the Claim of Lien is recorded. If no lawsuit is filed within the one year, the lien claim dies.
There are two basic ways to remove a construction lien. First, if no lawsuit is filed within a year, the homeowner can obtain a certificate from the circuit court clerk confirming that no lawsuit has been filed and the lien is removed by recording the clerk certificate with the register of deeds.
(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 discharged.
Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of mi, they are frequently successful at producing payment (without having to take the next step of filing a lien).
