Law Office of Marty A. Burnstein
30100 Telegraph Road • Suite 428 • Bingham Farms, Michigan 48025
248.723-0803 • FAX 248.723.0116
mburnstein@martyburnsteinlaw.com
Frequently Asked Questions (FAQ)
Q. How long do I have to enforce my lien?
A. 1 year after the date the lien is recorded; otherwise, the lien dies.
Q. Can I renew my lien?
A. No.
Q. If I have to sue to enforce my lien, can I recover my attorney fees assuming they are reasonable?
A. Yes, the Lien Act allows for the court to award reasonable attorney fees to a prevailing lien claimant.
Q. Does the 90 day period to record a lien start from when I do warranty work?
A. No, the 90 day clock does not include any warranty work.
Q. If an owner does not record a notice of commencement, must I still record my claim of lien within 90 days after my last contract work?
A. Yes, and also serve a copy within 15 days after recording upon the owner’s designee.
Q. As a general contractor or owner, can I have a lien that I dispute removed from the title by posting with the clerk of the county court a surety bond in 2 times the amount of the lien?
A. Yes, this is commonly called “bonding around” a lien.
Q. If I give my notice of furnishing late (beyond the 20 day period), is my lien invalid?
A. Not necessarily. It depends upon whether the owner paid the contractor in the interim for your labor or material based upon a contractor’s sworn statement.
Q. If a contractor receives money from the owner, and does not use the money to pay subs and suppliers, can the owners and officers in charge be personally liable under the Michigan Builder’s Trust Fund Law?
A. Yes.
Q. Is the 20 day time for providing a notice of furnishing extended if I ask the contractor for the notice of commencement and he doesn’t give me a copy?
A. No, the 20 day period is only extended if the owner fails to provide a copy of the notice of commencement after receiving a 10 day certified mail demand.