Michigan Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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).

You must file a complaint to foreclose the lien within one year of recording of claim of lien. The complaint must be filed in the circuit court for the county in which the project property is located.

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.

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.

CONSTRUCTION LIEN ACT Act 497 of 1980 AN ACT to establish, protect, and enforce by lien the rights of persons performing labor o.

Requirements and Limitations of Filing a Mechanics Lien in Michigan. In Michigan, Mechanics Liens must be filed within eight months after the last labors or materials are provided. The lien document must include the name and address of the claimant, the description of the property, total amount due, and filing date.

Note: if the project is residential, a general contractor may only file a lien if there is a written contract with the property owner.

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Michigan Construction or Mechanics Lien Questionnaire