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Michigan Notice of Furnishing: The Why, Who, What, When, and How

WHY send a Notice of Furnishing?
To protect your right to file a lien! Sending preliminary notice is the key first step to protecting lien rights, and in Michigan, this form is called a Notice of Furnishing.
Download Preliminary Notices Best Practices Guide

WHO must send preliminary notice in Michigan? And to whom?
General contractors are required to…

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Michigan Court Limits Applicability of Pay If Paid Clauses

 

Pay if paid clauses are design to shift the risk of non-payment to lower tier parties on a construction project. The purpose, in states in which such clauses are allowed, is to obligate a contractor to pay its subcontractor only if the GC has received payment first. This means that absent actual…

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Michigan Mechanics Lien Law: 5 Thing to Know

Check out the “5 things to know” about Michigan mechanics lien law below and get paid!
Subcontractors of Any Tier Have Mechanics Lien Rights
On commercial projects, general contractors, subcontractors (of any tier), material suppliers, and laborers can file a mechanics lien if they aide in the improvement of real property. Material…

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With Lien Deadlines – The Devil Is In The Details

Last year, we wrote a blog post titled: Think You Know The Last Date You Delivered Materials or Performed Services? Think Again. The point of the post addressed this complex issue:
Every state provides contractors and materialmen the right to lien a project, but they also require these parties to file…

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Michigan Lien Recovery Fund Is A Goner

Earlier this year, we wrote about pending legislation in Michigan aiming to abolish the Michigan Lien Recovery Fund (read the posts here and here).  While perhaps a really good idea…the idea was bankrupt.

Well, the legislation was passed and has now become formal law in Michigan, putting an end to the…

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Changes to Lien Law Pending in New Jersey and Michigan Legislatures

Courts around the country are constantly construing the mechanic or construction lien laws, making compliance with these statutes sometimes feel like a moving target.    A recent case out of the Washington Court of Appeals confirms this theory, which overturned a previous decision three years after-the-fact, to completely change the way…

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Michigan Lien Recovery Fund Raises White Flag

Cavanaugh & Quesada, PLC’s Michigan Construction Law Update posted an troubling blog post just before the end of the year concerning the Michigan Lien Recovery Fund.

In plain language, the Michigan Lien Recovery Fund is a self-sustaining fund that steps in and pays lien claims on residential properties.   A homeowner can…

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