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 […]
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.
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. Sec. 117. (1) Proceedings for the enforcement of a construction lien and the foreclosure of any interests […]
Section 570.1106 – Additional Definitions.
570.1106 Additional definitions. 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 professionals in the course of their professional practice, including, but not limited to, […]
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.
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. 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 […]
Section 570.1107 – Construction Lien Generally.
570.1107 Construction lien generally. 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 given under section 108 or 108a, the […]