Michigan Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


Michigan Construction or Mechanics Lien Questionnaire is a comprehensive document designed to gather essential information regarding potential construction or mechanics lien claims in the state of Michigan. This questionnaire plays a crucial role in legal proceedings related to construction projects, ensuring that all parties involved comply with Michigan's lien laws, protect their rights, and safeguard their interests. The Michigan Construction or Mechanics Lien Questionnaire covers various aspects relating to the construction project, allowing the accurate identification of potential lien claimants, evaluation of their claims, and determination of the validity and priority of these claims. The questionnaire typically includes relevant information such as: 1. Project Details: The questionnaire starts by seeking information about the specific project under consideration. This includes the project's address, legal description, owner's name, general contractor's name, and other pertinent details. 2. Parties Involved: It requires details about all parties participating in the project, including subcontractors, suppliers, architects, engineers, and any other significant entities. Gathering complete information about each party is essential to identify potential lien claimants accurately. 3. Contract Documents: The questionnaire inquires about the various contracts and agreements involved in the project, such as the general contract, subcontracts, purchase orders, and any additional pertinent documents. These details help establish the contractual relationships between parties and determine their rights and obligations. 4. Services or Materials Provided: This section focuses on the specific services or materials each party provided or will provide for the project. It encompasses all labor, services, materials, or equipment supplied, presenting an overview of the work performed or to be performed. 5. Payment Information: The questionnaire seeks details regarding payments made or to be made under the contracts. It requires information on the dates and amounts of payments, any outstanding balances, and any information concerning delays or non-payment issues. Different types of Michigan Construction or Mechanics Lien Questionnaires may exist to accommodate variations and complexities in different construction projects. For instance, there could be specific questionnaires for residential construction projects, commercial construction projects, or public works projects. These specialized questionnaires may include additional sections or questions specific to the particular project type. Overall, the Michigan Construction or Mechanics Lien Questionnaire serves as a vital tool in the assessment and resolution of construction or mechanics lien claims in Michigan. It facilitates the gathering of crucial information and ensures compliance with Michigan's lien laws, allowing for fair resolution of payment disputes and protection of the rights of all parties involved in a construction project.

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FAQ

Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of mi, they are frequently successful at producing payment (without having to take the next step of filing a lien).

You must file a complaint to foreclose the lien within one year of recording of claim of lien. The complaint must be filed in the circuit court for the county in which the project property is located.

You must file a construction lien in Michigan within 90 days of the date you last worked on the property or supplied materials for the improvement project. Failing to meet this strict deadline leaves you without legal recourse.

In all cases, the recorded Claim of Lien has a one-year life span; meaning that a lawsuit to enforce or foreclose the lien must be filed within one year after the date the Claim of Lien is recorded. If no lawsuit is filed within the one year, the lien claim dies.

CONSTRUCTION LIEN ACT Act 497 of 1980 AN ACT to establish, protect, and enforce by lien the rights of persons performing labor o.

Requirements and Limitations of Filing a Mechanics Lien in Michigan. In Michigan, Mechanics Liens must be filed within eight months after the last labors or materials are provided. The lien document must include the name and address of the claimant, the description of the property, total amount due, and filing date.

Note: if the project is residential, a general contractor may only file a lien if there is a written contract with the property owner.

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If you are a SUBCONTRACTOR or SUPPLIER, fill out the sample. Claim of Lien form for Subcontractors or Suppliers, and then attach a copy of the Notice of ... May 30, 2023 — Understand Michigan mechanics lien laws, deadlines, and notice requirements on private construction projects, including free forms.Dec 18, 2018 — Generally speaking, you need to file your Michigan construction lien in the recording office for the county in which the property is located. In ... Apr 19, 2020 — We answer the most frequently asked questions about construction liens in Michigan. Record a Claim of Lien in the County Register of Deeds where the Owner's property is located with 90 calendar days after last labor or material. · Serve a copy ... Claimants in connection with residential structures do not have a right to a construction lien unless certain contract and licensing requirements are satisfied. PUBLIC BUILDINGS AND PUBLIC WORKS; BOND OF CONTRACTOR. Act 187 of 1905. AN ACT to insure the payment of subcontractors and wages earned and all materials or ... LienItNow helps you to file Michigan mechanics lien. We can file Michigan discharge of lien, pre-lien notice, stop notice & bond claim. Jun 13, 2017 — ... Construction Lien Rights in Michigan. #1 – File the Notice of Commencement. For private projects in Michigan, the project owner is required ... Frequently Asked Questions - Michigan Mechanics Lien LienItNow.com BBB Business Review · What is a Michigan construction lien Claim? · Who can file a Michigan ...

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Michigan Construction or Mechanics Lien Questionnaire