There is a newer version of the Michigan Compiled Laws
2010 Michigan Compiled Laws
Chapter 570 - LIENS
Act 497 of 1980 - CONSTRUCTION LIEN ACT (570.1101 - 570.1305)
497-1980-1 - PART 1 (570.1101...570.1128)
CONSTRUCTION LIEN ACT (EXCERPT)Act 497 of 1980 Part 1
- Section 570.1101 - Short title.
- Section 570.1102 - Meanings of words and phrases.
- Section 570.1103 - Definitions.
- Section 570.1104 - Additional definitions.
- Section 570.1105 - Additional definitions.
- Section 570.1106 - Additional definitions.
- Section 570.1107 - Construction lien generally.
- Section 570.1108 - Physical improvements to real property; notice of commencement; form; recording; contents of notice; blank notice of furnishing; incorrect information in notice; providing copy of notice and blank notice of furnishing form to subcontractor, supplier, or laborer upon request; posting copy of notice; failure of owner, lessee, or designee to record, provide, or post required notice; failure of contractor or subcontractor to provide notice; section inapplicable to residential structure improvement.
- Section 570.1108a - Improvement to residential structure; notice of commencement; contents of notice; blank notice of furnishing; incorrect information in notice; providing copy of notice and blank notice of furnishing to contractor, subcontractor, supplier, or laborer upon request; posting copy of notice; failure of owner, lessee, or designee to provide or post notice; failure of contractor or subcontractor to provide notice and name and address of owner or lessee; liability to lien claimant; section applicable to residential structure improvement.
- Section 570.1109 - Subcontractor, supplier, or laborer contracting to provide improvement to real property; service of notice of furnishing; form of notice; effect of failure by lien claimant to provide notice within time specified; failure of laborer to provide notice of furnishing; authorization of agent by laborers to prepare and serve notice.
- Section 570.1110 - Sworn statement by contractor or subcontractor; contents; form; notice of receipt; withholding from contractor or subcontractor amount due subcontractors, suppliers, laborers, or lien claimants; direct payments to lien claimants; notice; itemized statement; reliance on sworn statement to avoid claim; failure of contractor or subcontractor to provide sworn statement to owner or lessee prior to recording claim of lien; giving false sworn statement to owner or lessee as crime; total amount; prior convictions; prohibited use.
- Section 570.1111 - Claim of lien; recording; validity; form; assignment; statement; proof of service of notice of furnishing; serving copy of claim of lien and recorded proof of service on designee, owner, or lessee; claim of lien of more than 1 laborer; consideration by court.
- Section 570.1112 - Endorsing and indexing instrument by register of deeds; recording fee; constructive notice.
- Section 570.1113 - Making available to lien claimant copy of contract and statement of amount due and unpaid; liability of owner or lessee; providing to owner, lessee, or designee statement of labor and material furnished; liability of lien claimant failing to provide statement; honoring request for payment by lien claimant.
- Section 570.1114 - Construction lien upon interest of owner or lessee in residential structure; providing improvement pursuant to written contract required; statement; contents.
- Section 570.1114a - Construction lien recorded by unlicensed person.
- Section 570.1115 - Waiver of construction lien.
- 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.
- 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.
- 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.
- Section 570.1118a - Attachment of claim to residential structure; affidavit; rebuttable presumption of payment by owner or lessee to contractor.
- Section 570.1119 - Claims of lien having equal priority; priority of construction lien over garnishments and over other interests, liens, or encumbrances; attachment; effect of recording; priority of recorded mortgage, lien, encumbrance, or other interest over construction lien; advances; retainage.
- Section 570.1120 - Failure of owner or lessee to perform contract; compensation and additional damages.
- Section 570.1121 - Judgment of foreclosure; sale of real property or improvement; satisfaction of lien from rents, profits, and income; adding tax and insurance premium payments; affidavit; redemption period; conduct of sale; right, title, and interest vested in grantee; final order; deficiency judgment; surplus; bringing sale proceeds into court; redemption.
- Section 570.1122 - Appointing receiver in action to enforce construction lien through foreclosure or in action to foreclose mortgage; petition; motion; finding; appointment; nominations by mortgagee and lien claimant; fiduciary responsibility; appointment of receiver for residential structure or certain apartment buildings prohibited; power of receiver.
- Section 570.1123 - Petition by receiver for authority to complete construction of improvements, borrow money, grant security, or sell real property under foreclosure; sale; redemption period; purchase of real property by lien claimant or mortgagee; right, title, and interest vested in grantee.
- Section 570.1124 - Final account of receiver; final order directing distribution of assets; order of priority; deficiency judgment; notice of hearing.
- Section 570.1125 - Assignability of construction lien; powers and obligations of assignee.
- Section 570.1126 - Construction lien concerning condominium; limitations; definitions.
- Section 570.1127 - Full payment of claim of lien; certificate; discontinuance or dismissal of action to enforce lien through foreclosure and to discharge notice of lis pendens; documents; providing discharges of lien and other documents.
- Section 570.1128 - Failure to commence proceedings to enforce lien within time provided by law; certificate; recording; affidavit showing time statement or claim of lien recorded.
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