Mechanics liens

Michigan mechanics lien law and deadlines

Under Michigan's Construction Lien Act, subs and suppliers serve a notice of furnishing within 20 days of first furnishing, every claimant records a claim of lien within 90 days of last furnishing, and foreclosure must start within one year of recording.

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Michigan calls its mechanics lien a construction lien, governed by the Construction Lien Act (MCL 570.1101 and following). The Act is paperwork heavy on both sides. Owners record a notice of commencement. Subs and suppliers answer with a notice of furnishing within 20 days. Anyone unpaid records a claim of lien within 90 days after last furnishing, serves it within 15 days, and forecloses within one year. Michigan also prints four lien waiver forms in the statute.

Michigan Construction Lien Act deadlines at a glance
StepWhoDeadline
Notice of commencementOwner or lessee (not on residential structures)Recorded before work begins
Copy of notice of commencement on requestOwner, lessee, or designeeWithin 10 days after a certified-mail request
Notice of furnishingSubcontractors and suppliersWithin 20 days after first furnishing labor or material
Notice of furnishing (laborers, wages)LaborersWithin 30 days after wages were due but unpaid
Claim of lienAll lien claimantsWithin 90 days after last furnishing, at the county register of deeds
Serve claim of lienAll lien claimantsWithin 15 days after recording
Foreclosure actionAll lien claimantsWithin 1 year after the claim of lien was recorded

Who has lien rights in Michigan

MCL 570.1107 grants a lien to contractors, subcontractors, suppliers, and laborers who provide an improvement to real property. Equipment counts when it is furnished by one of those parties. Each lien is capped at the claimant's contract amount less payments made on it. All liens on a property together cannot exceed what the owner agreed to pay the original contractor, adjusted for changes, less payments the owner made in reliance on sworn statements or waivers. That second cap is why paperwork matters so much in Michigan: owners who pay against proper sworn statements and waivers are protected.

Notice of commencement and notice of furnishing

Under MCL 570.1108, the owner or lessee records a notice of commencement with the register of deeds before work starts, posts it on site, and attaches a blank notice of furnishing to each copy. It names the owner's designee and the general contractor. A sub, supplier, or laborer can request a copy by certified mail, and the owner has 10 days to provide it. If the owner fails to record or provide it, the deadlines to serve notices of furnishing are extended.

The notice of furnishing in MCL 570.1109 is Michigan's preliminary notice. Subs and suppliers serve it on the designee and the general contractor within 20 days after first furnishing, by personal service or certified mail. A contractor with a direct contract with the owner does not need one. If the notice is not on the blank attached to the notice of commencement, it must be substantially in the statutory form.

Late is better than never. A late notice still protects work furnished after it is served. It also protects earlier work, except to the extent the owner already paid the contractor under a sworn statement or waiver covering that claimant's work. Say a tile sub starts on a $520,000 office remodel and forgets the notice for six weeks. If the owner has already paid the GC two draws against sworn statements that listed the sub, the sub's lien for those weeks may be reduced by those payments.

Recording and serving the claim of lien

MCL 570.1111 requires the claim of lien to be recorded with the register of deeds in each county where the property is located, within 90 days after your last furnishing of labor or material under your contract. Within 15 days after recording, serve a copy and proof of service on the designee named in the notice of commencement (or the owner or lessee if there is no designee), by personal service or certified mail, return receipt requested. Subs, suppliers, and laborers must attach proof of service of their notice of furnishing to the claim.

Foreclosure deadline

Under MCL 570.1117, a foreclosure action must be brought no later than one year after the claim of lien was recorded. Record a notice of lis pendens with the register of deeds when you file. If the owner requested a sworn statement, a contractor or sub must show in the complaint that it provided one.

Lien waivers: four statutory forms

MCL 570.1115 sets out four lien waiver forms that must be used in substantially the statutory format: partial unconditional, partial conditional, full unconditional, and full conditional. A conditional lien waiver takes effect only when the stated amount is paid. A claimant paid in full must provide a full unconditional waiver, and a partly paid claimant must provide a partial unconditional waiver for the amount received if asked. Requiring a waiver of lien rights before work is performed is against public policy and invalid, except to the extent payment was actually made.

Residential structures

Several rules change for a residential structure. The notice of commencement requirement in 570.1108 does not apply. Under 570.1115(7), when a claimant has served (or is excused from) a notice of furnishing, the owner may not rely on a waiver signed by someone other than that claimant until verifying it with the claimant in writing, by phone, or in person. Under 570.1107(7), a sub's or supplier's lien on a residential structure includes interest only as the contract allows, and excludes interest accruing more than 90 days after the claim is recorded. Other parts of the Act address homeowners as well, so read the full Act before liening an owner-occupied home.

Public projects use payment bonds

Public property is covered by bonds, not liens. Under MCL 129.201, contracts over $50,000 for a public building or public work require a performance bond and a payment bond. Under MCL 129.207, a claimant without a direct contract with the principal contractor must serve written notice on the principal contractor within 30 days after first furnishing, and give notice to the principal contractor and the governmental unit within 90 days after last furnishing, by certified mail.

More for Michigan contractors: the Michigan contractor license guide, Michigan prevailing wage, and Michigan prompt payment. With sworn statements and four waiver types per draw, Smart Business Automator's accounts receivable automation helps keep each payment matched to its waiver.

Frequently asked questions

How long do I have to file a construction lien in Michigan?

Record the claim of lien within 90 days after your last furnishing of labor or material, then serve it within 15 days after recording.

What is a notice of furnishing in Michigan?

It is Michigan's preliminary notice. Subcontractors and suppliers serve it on the owner's designee and the general contractor within 20 days after first furnishing. A late notice still protects later work and, in part, earlier work.

Does Michigan have statutory lien waiver forms?

Yes. MCL 570.1115 provides partial unconditional, partial conditional, full unconditional, and full conditional forms, which must be used in substantially the statutory format.

How long does a Michigan construction lien last?

A foreclosure action must be filed within one year after the claim of lien was recorded.

What notices apply on Michigan public jobs?

On bonded public work, a claimant without a direct contract with the prime gives notice within 30 days after first furnishing and again within 90 days after last furnishing, under MCL 129.207.

Sources

  1. MCL 570.1107, construction lien rights (FindLaw statute text, current as of January 1, 2025)
  2. MCL 570.1108, notice of commencement (FindLaw statute text)
  3. MCL 570.1109, notice of furnishing (FindLaw statute text)
  4. MCL 570.1111, claim of lien (FindLaw statute text)
  5. MCL 570.1115, waivers of lien (FindLaw statute text)
  6. MCL 570.1117, foreclosure (FindLaw statute text)
  7. MCL 129.201, public works bonds (FindLaw statute text)
  8. MCL 129.207, payment bond claims (FindLaw statute text)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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