Michigan Compiled Laws 497-1980-1 Part 1 (570.1101...570.1128)

• Section 570.1101 Short Title.
  This act shall be known and may be cited as the “construction lien act”. History: 1980, Act 497, Eff. Jan. 1, 1982
• Section 570.1102 Meanings Of Words And Phrases.
  For the purposes of this act, the words and phrases defined in sections 103 to 106 have the meanings ascribed to them in those...
• Section 570.1103 Definitions.
  (1) “Actual physical improvement” means the actual physical change in, or alteration of, real property as a result of labor provided, pursuant to a...
• Section 570.1104 Additional Definitions.
  (1) "Court" means the circuit court in which an action to enforce a construction lien through foreclosure is pending. (2) "Designee" means the person...
• Section 570.1105 Additional Definitions.
  (1) “Lessee” means a person, other than the owner, who holds an interest, other than a security interest, in real property. (2) “Lien claimant”...
• Section 570.1106 Additional Definitions.
  (1) "Person" means an individual, corporation, partnership, sole proprietorship, association, other legal entity, or any combination thereof. (2) "Project" means the aggregate of improvements...
• Section 570.1107 Construction Lien Generally.
  (1) Each contractor, subcontractor, supplier, or laborer who provides an improvement to real property has a construction lien upon the interest of the owner...
• Section 570.1108 Physical 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.
  (1) Before the commencement of any actual physical improvements to real property, the owner or lessee contracting for the improvements shall record in the...
• Section 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.
  (1) An owner or lessee contracting for an improvement to a residential structure shall prepare and provide a notice of commencement to a contractor,...
• Section 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.
  (1) Except as otherwise provided in sections 108, 108a, and 301, a subcontractor or supplier who contracts to provide an improvement to real property...
• Section 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.
  (1) A contractor shall provide a sworn statement to the owner or lessee in each of the following circumstances: (a) When payment is due...
• Section 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.
  (1) Notwithstanding section 109, the right of a contractor, subcontractor, laborer, or supplier to a construction lien created by this act shall cease to...
• Section 570.1112 Endorsing And Indexing Instrument By Register Of Deeds; Recording Fee; Constructive Notice.
  (1) If a notice of commencement, claim of lien, certificate of discharge of lien, or a certificate of a county clerk that no proceedings...
• Section 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.
  (1) An owner or lessee who contracts for an improvement, upon receipt of a written demand by a lien claimant, shall make available for...
• Section 570.1114 Construction Lien Upon Interest Of Owner Or Lessee In Residential Structure; Providing Improvement Pursuant To Written Contract Required; Statement; Contents.
  A contractor does not have a right to a construction lien on the interest of an owner or lessee in a residential structure unless...
• Section 570.1114a Construction Lien Recorded By Unlicensed Person.
  (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 570.1115 Waiver Of Construction Lien.
  (1) A person shall not require, as part of any contract for an improvement, that the right to a construction lien be waived in...
• Section 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.
  (1) The claim of lien of a contractor, subcontractor, supplier, or laborer may at any time be vacated and discharged if a bond, with...
• Section 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.
  (1) Proceedings for the enforcement of a construction lien and the foreclosure of any interests subject to the construction lien shall not be brought...
• Section 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.
  (1) An action to enforce a construction lien through foreclosure shall be brought in the circuit court for the county where the real property...
• Section 570.1118a Attachment Of Claim To Residential Structure; Affidavit; Rebuttable Presumption Of Payment By Owner Or Lessee To Contractor.
  (1) A claim of construction lien does not attach to a residential structure, to the extent payments have been made, if the owner or...
• Section 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.
  (1) Except as otherwise provided by subsection (4), as between parties entitled to claim construction liens under this act, their claims of lien shall...
• Section 570.1120 Failure Of Owner Or Lessee To Perform Contract; Compensation And Additional Damages.
  If a lien claimant, by reason of the failure of an owner or lessee to perform the contract, and without fault on the part...
• Section 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.
  (1) If the court finds that a lien claimant is entitled to a construction lien upon the real property to which he or she...
• Section 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.
  (1) If the improvement to the real property is not completed as of the date of commencement of an action in which enforcement of...
• Section 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.
  (1) The receiver may petition the court for authority to complete construction of improvements to the real property in full or in part, to...
• Section 570.1124 Final Account Of Receiver; Final Order Directing Distribution Of Assets; Order Of Priority; Deficiency Judgment; Notice Of Hearing.
  (1) Upon the completion of the sale of the real property, the receiver shall prepare and submit a final account for examination and approval...
• Section 570.1125 Assignability Of Construction Lien; Powers And Obligations Of Assignee.
  A construction lien which arises under this act is assignable. Proceedings for the enforcement of the lien may be maintained by, and in the...
• Section 570.1126 Construction Lien Concerning Condominium; Limitations; Definitions.
  (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 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.
  (1) When any claim of lien has been fully paid, the lien claimant shall deliver to the owner, lessee, or other person making payment...
• Section 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.
  If any statement or claim of lien has been recorded in the office of a register of deeds, and the time within which proceedings...

Last modified: October 10, 2016