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Even Attorneys Struggle With Lien Law

Law Office Failed Miserably Against Lienors

A recent Michigan case serves as a pretty fair tutorial on Michigan lien law, maybe even moreso than what we’ve provided with our 5 things to know. The property here was actually a law office, and the owners’ unfamiliarity with mechanics liens was glaring. In the end, the mechanics lien was enforced on appeal, but not before the […]

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The Notice of Commencement Handbook

The Notice of Commencementt

What Is A Notice of Commencement? Notice of Commencement is a legal document available to construction participants in the following states: Florida, Iowa, Michigan, Georgia, Ohio, South Carolina, South Dakota, and Texas. The rules applicable to notice of commencement vary widely among these states. Sometimes this document is required, sometimes it is optional. In some cases, […]

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What Is a Notice of Furnishing?

What Is a Notice of Furnishing?

Notice of Furnishing is the term used for preliminary notice in four states: Michigan, Ohio, South Carolina, South Dakota. In these states, most parties who furnish labor and/or materials on construction projects are required to send notice of furnishing in order to secure lien rights. Notice of furnishing should be sent proactively, long before a payment […]

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

Michigan Flag

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. WHO must send preliminary notice in Michigan? And to whom? General contractors are required to provide a list […]

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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 payment to the GC, […]

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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 suppliers to 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 their liens within a […]

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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 Michigan Lien Recovery Fund.  […]

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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 liens must be signed by […]

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