Section 570.1125 – Assignability of Construction Lien; Powers and Obligations of Assignee.
570.1125 Assignability of construction lien; powers and obligations of assignee. 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, […]
Section 570.1112 – Endorsing and Indexing Instrument by Register of Deeds; Recording Fee; Constructive Notice.
570.1112 Endorsing and indexing instrument by register of deeds; recording fee; constructive notice. 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 […]
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.
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. Sec. 113. (1) An owner or lessee […]
Section 570.1114 – Construction Lien on Interest of Owner or Lessee in Residential Structure; Providing Improvement Under Written Contract Required; Statement; Contents.
570.1114 Construction lien on interest of owner or lessee in residential structure; providing improvement under written contract required; statement; contents. 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 […]
Section 570.1114a – Construction Lien Recorded by Unlicensed Person.
570.1114a Construction lien recorded by unlicensed person. 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 […]
Section 570.1103 – Definitions.
570.1103 Definitions. 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 reasonable inspection of the existence of […]
Section 570.1115 – Waiver of Construction Lien.
570.1115 Waiver of construction lien. 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, […]
Section 570.1104 – Additional Definitions.
570.1104 Additional definitions. 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 article 20 of the occupational code, 1980 PA 299, MCL 339.2001 […]
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.
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. Sec. 116. (1) The claim of lien of a […]
Section 570.1105 – Additional Definitions.
570.1105 Additional definitions. 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 property or […]