CLAIM OF CONSTRUCTION LIEN

State of Michigan

County of [________________________________]

IMPORTANT FILING NOTICE

Michigan calls its mechanics lien a "Construction Lien" and is governed by the Construction Lien Act, MCL 570.1101 et seq. The Claim of Lien must be recorded with the County Register of Deeds within 90 days after the last date of furnishing labor or materials. Subcontractors and suppliers must serve a Notice of Furnishing within 20 days of first providing labor or materials. Michigan construction lien deadlines cannot be extended. Missing any deadline permanently destroys lien rights.

I. LIEN CLAIMANT INFORMATION

Full Legal Name of Lien Claimant: [________________________________]

Claimant Entity Type:

☐ Individual / Sole Proprietor
☐ Corporation
☐ Limited Liability Company (LLC)
☐ Partnership
☐ Joint Venture
☐ Other: [________________________________]

Claimant Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: MI ZIP: [____]

Claimant Phone: [________________________________]

Claimant Email: [________________________________]

Michigan Builder's License No. (if applicable): [________________________________]

Claimant's Role in the Project:

☐ Contractor (direct contract with Owner) (MCL 570.1104)
☐ Subcontractor (MCL 570.1105)
☐ Sub-subcontractor
☐ Material Supplier (MCL 570.1106)
☐ Equipment Lessor
☐ Laborer
☐ Design Professional (Architect / Engineer / Surveyor)
☐ Other: [________________________________]

II. PROPERTY OWNER INFORMATION

Full Legal Name of Property Owner: [________________________________]

Owner Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Owner Phone (if known): [________________________________]

Owner's Designee (if applicable): [________________________________]

III. CONTRACTOR (GENERAL / PRIME) INFORMATION

(If Claimant is not the Contractor)

Contractor Name: [________________________________]

Contractor Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Contractor Builder's License No.: [________________________________]

IV. HIRING PARTY INFORMATION

(Complete if Claimant was not hired directly by Owner or Contractor)

Name of Party Who Hired Claimant: [________________________________]

Hiring Party's Relationship:

☐ Contractor
☐ Subcontractor
☐ Other: [________________________________]

Hiring Party Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

V. PROPERTY DESCRIPTION

Property Street Address:

[________________________________]
[________________________________]
City: [________________________________], Michigan [____]

County: [________________________________], Michigan

Legal Description of Property:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Attach Exhibit A for full legal description if additional space is needed)

☐ Exhibit A — Legal Description is attached hereto and incorporated by reference.

Tax Parcel / Property ID Number: [________________________________]

Type of Property:

☐ Residential (1–2 family dwelling, owner-occupied)
☐ Residential (1–2 family dwelling, not owner-occupied)
☐ Multi-family residential (3+ units)
☐ Commercial
☐ Industrial
☐ Other: [________________________________]

VI. CLAIM OF CONSTRUCTION LIEN

A. Statutory Basis

Pursuant to the Michigan Construction Lien Act, MCL 570.1101 et seq., the undersigned Lien Claimant hereby claims a construction lien upon the above-described real property and improvements thereon for labor, services, materials, and/or equipment furnished in connection with an improvement to the property.

B. Nature of Improvement

Type of Improvement:

☐ New Construction
☐ Alteration / Renovation
☐ Repair
☐ Demolition
☐ Site Work / Grading
☐ Other: [________________________________]

Description of Labor Performed and/or Materials Furnished:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Contract Information

Type of Contract:

☐ Written Contract
☐ Oral Contract
☐ Implied Contract

Original Contract Price: $[________________________________]

Approved Change Orders: $[________________________________]

Total Adjusted Contract Price: $[________________________________]

VII. DATES OF FURNISHING

Date Claimant First Furnished Labor or Materials: [__/__/____]

Date Claimant Last Furnished Labor or Materials: [__/__/____]

VIII. AMOUNT OF LIEN CLAIMED

IX. PRE-LIEN NOTICE COMPLIANCE

A. Notice of Furnishing — Subcontractors and Suppliers (MCL 570.1109)

Under MCL 570.1109, subcontractors, material suppliers, and laborers who do NOT have a direct contract with the property owner must serve a Notice of Furnishing on the owner or the owner's designee within 20 days of first providing labor or materials.

☐ Claimant is the Contractor (direct contract with Owner) — Notice of Furnishing not required
☐ Notice of Furnishing was served within 20 days of first furnishing
- Date of First Furnishing: [__/__/____]
- Date Notice Served: [__/__/____]
- Served on: ☐ Owner ☐ Owner's Designee
- Method: ☐ Certified mail ☐ Personal delivery ☐ Other: [________________________________]

☐ Notice of Furnishing was NOT timely served (WARNING: Failure to serve timely Notice of Furnishing will permanently destroy lien rights for subcontractors and suppliers)

B. Notice to Principal Contractor (MCL 570.1109(2))

If the claimant does NOT have a direct contractual relationship with the principal contractor, written notice must be given to the principal contractor within 30 days of first furnishing, identifying the nature of the material or labor, the party contracting for the work, and the site of performance.

☐ Claimant has a direct relationship with the principal contractor — not applicable
☐ Notice to principal contractor was given within 30 days
- Date of Notice: [__/__/____]
☐ Notice was NOT given (Consult attorney)

C. Residential Notice Requirements (MCL 570.1114)

For residential property (1–2 family dwelling), additional notice requirements may apply including a Notice of Commencement form.

☐ This is NOT a residential (1–2 family) project
☐ This is a residential project — all required residential notices have been provided
☐ This is a residential project — residential notice requirements are unclear (Consult attorney)

X. FILING DEADLINE COMPLIANCE

Under MCL 570.1107, the Claim of Lien must be recorded within 90 days after the lien claimant's last furnishing of labor or materials.

Date of Last Furnishing: [__/__/____]

90-Day Filing Deadline: [__/__/____]

Date of This Recording: [__/__/____]

☐ Claimant confirms this Claim of Lien is being recorded within the 90-day statutory deadline.

XI. SERVICE ON OWNER'S DESIGNEE (MCL 570.1111)

Under MCL 570.1111, a copy of the recorded Claim of Lien must be served on the owner or the owner's designee within 15 days after recording.

☐ Copy will be served within 15 days of recording
- Intended Date of Service: [__/__/____]
- Person to be Served: ☐ Owner ☐ Owner's Designee: [________________________________]
- Method: ☐ Certified mail ☐ Personal delivery ☐ Other: [________________________________]

XII. VERIFICATION

I, [________________________________], being duly sworn, state that I am the Lien Claimant named above (or the [________________________________] of the Claimant entity), that I have read the foregoing Claim of Construction Lien and know the contents thereof, and that the same is true and correct to the best of my knowledge and belief, and the amount claimed, $[________________________________], is justly due and owing after deducting all just credits and offsets.

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

XIII. NOTARY ACKNOWLEDGMENT

State of Michigan
County of [________________________________]

Subscribed and sworn to before me this [____] day of [________________], 20[____], by [________________________________], who is personally known to me or who has produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

County of Commission: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

XIV. ENFORCEMENT DEADLINES

CRITICAL: Under MCL 570.1117, an action to enforce the construction lien must be filed within ONE (1) YEAR after the last date of furnishing labor or materials, and a notice of lis pendens must be recorded simultaneously. These deadlines are absolute and cannot be extended. Missing these deadlines permanently destroys the lien.

XV. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

Upon full payment of the amount claimed, Claimant shall record a Discharge of Lien with the Register of Deeds where the Claim was recorded.

B. Bond to Discharge Lien (MCL 570.1116)

The property owner or any interested party may petition the court to discharge this lien upon posting a surety bond in an amount of 125% of the lien amount (or such other amount as the court may order). The bond substitutes for the real property as security.

C. Sworn Statement and Waivers

Under Michigan practice, contractors are frequently required to provide Sworn Statements and Waiver of Lien forms. Partial and final waivers of lien may affect lien amounts.

☐ Partial Waiver(s) of Lien have been executed — reducing lien by: $[________________________________]
☐ No Waivers of Lien have been executed

XVI. PRIORITY OF LIEN

Under the Construction Lien Act, the construction lien attaches from the date of the first actual physical improvement to the property. The lien has priority over mortgages and other encumbrances recorded after the first physical improvement, subject to certain statutory exceptions for construction mortgages.

XVII. ADDITIONAL NOTICES AND DISCLOSURES

1. Absolute Deadlines: Michigan construction lien deadlines cannot be extended under any circumstances. Missing any deadline permanently destroys lien rights.
2. Builder's License Required: Under Michigan law, residential builders and maintenance/alteration contractors must hold a valid builder's license. Unlicensed contractors generally cannot claim construction lien rights on residential property.
3. Sworn Statements and Waivers: Michigan has a robust system of sworn statements and lien waivers. Ensure compliance with waiver requirements when accepting payments.
4. Residential Property: Additional notice and disclosure requirements apply to 1–2 family dwellings. Review MCL 570.1114 carefully.
5. Lis Pendens Required: When filing the enforcement action, a lis pendens must be recorded simultaneously to maintain the lien's priority.
6. Filing Location: Record with the Register of Deeds in the county where the property is located.

FILING INSTRUCTIONS

1. Ensure all required pre-lien notices have been served (Notice of Furnishing within 20 days)
2. Complete all sections of this Claim of Construction Lien
3. Have the Claimant sign under oath before a Notary Public
4. Record the original with the Register of Deeds in the county where the property is located
5. Serve a copy on the Owner or Owner's Designee within 15 days of recording
6. Calendar the 1-year enforcement deadline from the date of last furnishing
7. When filing suit, also record a lis pendens with the Register of Deeds
8. Consult with an attorney regarding enforcement well in advance of the deadline

SOURCES AND REFERENCES

• Michigan Construction Lien Act, MCL 570.1101 et seq.
• MCL 570.1101 — Short Title; Definitions
• MCL 570.1107 — Claim of Lien (90-day recording deadline)
• MCL 570.1108 — Contents of Claim of Lien
• MCL 570.1109 — Notice of Furnishing (20-day requirement)
• MCL 570.1111 — Service on Owner's Designee (15 days after recording)
• MCL 570.1114 — Residential Notice Requirements
• MCL 570.1116 — Bond to Discharge Lien
• MCL 570.1117 — Enforcement (1-year deadline; lis pendens)
• Michigan Legislature: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1101