Michigan: Mechanic's Lien Deadlines & Notice Requirements
The short answer
Michigan calls it a 'construction lien.' Subcontractors and suppliers generally must serve a Notice of Furnishing within 20 days after first furnishing; a laborer's 30-day clock runs from when wages became due but went unpaid. The claim of lien must be recorded within 90 days after last furnishing, served within 15 days after recording, and enforced within 1 year. A contractor on a residential structure also needs a written contract containing the required licensing disclosures.
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This is the general rule in Michigan. Ask about your specific facts and see which parts of current Michigan law apply, with citations to the statutes.
| Governing law | Construction Lien Act, 1980 PA 497, MCL 570.1101-570.1305; a comprehensive, state-specific act, not a uniform law |
|---|---|
| Who can claim a lien | Every contractor, subcontractor, supplier, and laborer who provides an improvement has a lien on the contracting owner or lessee's interest (MCL § 570.1107(1), Act § 107(1)); contractors contract directly with the owner or lessee, while subcontractors and suppliers contract down the chain (MCL § 570.1103(5), Act § 103(5); MCL § 570.1106(5)-(6)) |
| Preliminary notice | For nonresidential work, the owner or lessee records a pre-work Notice of Commencement naming a designee (MCL § 570.1108, Act § 108); subcontractors and suppliers serve a Notice of Furnishing within 20 days after first furnishing, laborers within 30 days after wages became due but unpaid (MCL § 570.1109, Act § 109); residential work uses the on-request procedure in MCL § 570.1108a |
| Deadline to file the lien | 90 days after the claimant's last furnishing of labor or material, for every claimant type alike (§ 570.1111(1)) |
| Notice of completion effect | None in the current Construction Lien Act — the Notice of Commencement is a pre-work notice (MCL 570.1108(1)), while the lien deadline remains 90 days after the claimant's own last furnishing (MCL 570.1111(1)) |
| Serving the lien on the owner | Within 15 days after recording the claim of lien, the claimant must serve a copy of it (and proof of service of any required Notice of Furnishing) on the designee named in the Notice of Commencement, or on the owner/lessee if none was named (§ 570.1111(5)) |
| Deadline to sue to foreclose | 1 year after the date the claim of lien was recorded to bring suit to enforce it through foreclosure, with a notice of lis pendens recorded when suit is filed (§ 570.1117(1)-(2)) |
| Homestead/residential extras | A contractor has no lien on a residential structure unless the improvement was provided under a written contract containing the required trade-licensing statements and, when required, the contractor's license number (MCL § 570.1114); residential work uses MCL § 570.1108a's on-request Notice of Commencement rather than MCL § 570.1108's recorded notice |
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Requirements one by one
Governing law
The official act identifies itself as the "construction lien act." Its
current compiled text runs from MCL 570.1101 through 570.1305 and puts the
lien grant, notice steps, recording deadline, and foreclosure procedure in
one statute.
Who can claim
MCL 570.1107(1), also numbered Act § 107(1), gives a construction lien to "each contractor,
subcontractor, supplier, or laborer who provides an improvement to real
property," secured against the interest of whoever contracted for the
improvement. MCL 570.1103(5), Act § 103(5), defines the contractor by a direct contract with
the owner or lessee; MCL 570.1106(5)-(6) places subcontractors and suppliers
farther down the contract chain. The lien amount is capped at the claimant's
contract price less payments already made.
Preliminary notice
For nonresidential work, MCL 570.1108(1), Act § 108(1), requires the owner or lessee to
record a Notice of Commencement before improvements begin. MCL 570.1109(1), Act § 109(1),
then requires a subcontractor or supplier to serve a Notice of Furnishing
"within 20 days after furnishing the first labor or material," while MCL
570.1109(2) gives a laborer 30 days after wages became due but went unpaid.
A late subcontractor or supplier notice leaves the lien exposed to certain
intervening payments; a laborer's missed wage notice defeats the lien for
those wages. Residential work follows MCL 570.1108a's separate on-request
procedure: the owner supplies the notice within 10 days after a proper mailed
request.
Deadline to file the lien
Every claimant type files on the same 90-day clock. MCL 570.1111(1) says a
lien claimant's right "shall cease to exist unless, within 90 days after the
lien claimant's last furnishing of labor or material for the improvement ...
a claim of lien is recorded" with the county register of deeds. There's no
separate, shorter window for any particular tier of claimant.
Notice of completion effect
The current complete act contains no notice-of-completion or cessation
device that shortens the deadline. Its Notice of Commencement comes before
work under MCL 570.1108(1), while MCL 570.1111(1) keeps the filing clock tied
to the claimant's own last furnishing.
Serving the lien on the owner
Recording alone isn't the end of it. MCL 570.1111(5) requires the claimant,
"within 15 days after the date of the recording," to serve a copy of the
claim of lien — plus proof of service of any required Notice of Furnishing —
on the designee named in the Notice of Commencement, personally or by
certified mail. If no designee was named, service goes to the owner or
lessee directly.
Deadline to sue to foreclose
MCL 570.1117(1) sets the outside limit: "Proceedings for the enforcement
of a construction lien and the foreclosure of any interests subject to the
construction lien shall not be brought later than 1 year after the date the
claim of lien was recorded." A claimant who sues must also record a notice
of lis pendens for the county where the property sits at the time the
action is filed.
Homestead/residential extras
Residential work carries its own gate. MCL 570.1114 says "a contractor
does not have a right to a construction lien on the interest of an owner or
lessee in a residential structure" — a condo unit or a building with 2 or
fewer residential units where the owner lives or will live — unless the
improvement was made under a written contract. That contract must state the
licensing requirements for the listed construction trades and give the
contractor's license number when a license is required. MCL 570.1108(18)
removes residential work from the recorded-notice procedure, but MCL
570.1108a replaces it with a notice the owner must prepare and provide after
a proper request.
What trips people up
The 20-day Notice of Furnishing clock runs from the subcontractor's or
supplier's first furnishing, but the recipient information comes from the
Notice of Commencement. A claimant therefore needs both dates and the right
designee. On residential jobs, contractors
sometimes treat the written-contract-with-license-disclosure requirement as
a formality — but MCL 570.1114 makes it an absolute precondition to having any
lien at all, not just good practice.
Common questions
What if the owner never records a Notice of Commencement?
For nonresidential work, the owner's failure extends the time to serve a
Notice of Furnishing. Residential work uses MCL 570.1108a's on-request
procedure instead of the recorded-notice rule.
Does missing my Notice of Furnishing kill my lien?
For a subcontractor or supplier, no — it only limits the lien to unpaid
amounts as of when the late notice went out. For a laborer's unpaid-wage
claim, a missed notice defeats that part of the lien entirely.
Do I need a written contract to have lien rights on a house?
If you're a contractor working on a residential structure, yes — MCL 570.1114
makes a lien right conditional on a written contract disclosing
required licensing, not optional paperwork.
Statutes and sources
- Construction Lien Act, 1980 PA 497 (complete current act) —
https://www.legislature.mi.gov/documents/mcl/pdf/mcl-act-497-of-1980.pdf
(accessed 2026-08-11) - MCL 570.1103(5) and 570.1106(5)-(6) (contract-chain definitions) —
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1103 and
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1106
(accessed 2026-08-11) - MCL 570.1107(1) (who has a construction lien) —
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1107
(accessed 2026-08-11) - MCL 570.1108 and 570.1108a (nonresidential and residential notices of
commencement) —
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1108 and
https://www.legislature.mi.gov/documents/mcl/pdf/mcl-act-497-of-1980.pdf
(accessed 2026-08-11) - MCL 570.1109(1) (subcontractor/supplier notice of furnishing) —
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1109
(accessed 2026-08-11) - MCL 570.1109(2) (laborer notice of furnishing) —
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1109
(accessed 2026-08-11) - MCL 570.1111(1) (90-day filing deadline) —
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1111
(accessed 2026-08-11) - MCL 570.1111(5) (15-day service-on-designee requirement) —
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1111
(accessed 2026-08-11) - MCL 570.1117(1)-(2) (1-year foreclosure deadline, lis pendens) —
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1117
(accessed 2026-08-11) - MCL 570.1114 (residential written-contract requirement) —
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1114
(accessed 2026-08-11) - MCL 570.1108(18) (residential exemption from Notice of Commencement) —
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1108
(accessed 2026-08-11) - MCL 570.1106(4) (definition of "residential structure") —
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1106
(accessed 2026-08-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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