Michigan Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under Michigan Compiled Laws M.C.L.A. §570.1101 — Private Works, Sworn Statements & Public Bond Claims
Michigan mechanic lien deadline table with toggles for project type and claimant type.
Michigan Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Record the Claim of Lien with the register of deeds within 90 days after last furnishing labor or materials. MCL 570.1111(1).
After recording the Claim of Lien, the claimant must serve a Proof of Service of the Notice of Furnishing and a copy of the recorded Claim of Lien on the owner or designee within 15 days of recording. Failure to serve within 15 days renders the lien unenforceable.
Commence a suit to foreclose the construction lien within 1 year after the last day of furnishing labor or materials. MCL 570.1117.
Preliminary Notice
Mechanic Lien
Record the Claim of Lien with the register of deeds within 90 days after last furnishing labor or materials. MCL 570.1111(1).
After recording the Claim of Lien, the claimant must serve a Proof of Service of the Notice of Furnishing and a copy of the recorded Claim of Lien on the owner or designee within 15 days of recording. Failure to serve within 15 days renders the lien unenforceable.
Enforcement
Commence a suit to foreclose the construction lien within 1 year after the last day of furnishing labor or materials. MCL 570.1117.
Michigan Mechanic Lien Law Overview
Michigan construction mechanic lien rights are governed by the Michigan Construction Mechanic Lien Act, M.C.L.A. §570.1101 et seq. This statutory framework protects the payment rights of contractors, subcontractors, laborers, and material suppliers who furnish labor, services, or materials for the improvement of real property in the State of Michigan. The Act applies to commercial construction; residential work has separate rules.
A critical and unique feature of Michigan mechanic lien law is the Sworn Statement requirement under M.C.L.A. §570.1110. Before each payment draw, subcontractors must provide sworn statements to the contractor, and the contractor must provide sworn statements to the owner or lessee. A contractor's mechanic lien is unenforceable until the contractor has provided the required sworn statement. This requirement creates an ongoing compliance obligation throughout the life of the project.
Subcontractors, suppliers, and laborers (but not suppliers to suppliers) must serve a Notice of Furnishing within 20 days of first delivery or furnishing under M.C.L.A. §570.1109. Failure to timely serve a required Notice of Furnishing can impair mechanic lien rights to the extent the owner makes payment after the notice was due.
Michigan also provides separate payment bond claim procedures for public municipal projects under M.C.L.A. §129.201 et seq. and highway projects under M.C.L.A. §570.101 et seq. National Lien & Bond provides authoritative guidance on every aspect of Michigan construction mechanic lien compliance.
Michigan Notice Requirements
Notice obligations that must be satisfied before filing a mechanic lien in Michigan.
Michigan's Construction Lien Act (MCL 570.1101 et seq.) requires subcontractors, suppliers, and sub-subcontractors who do not have a direct contract with the owner to serve a Notice of Furnishing within 20 days of first furnishing labor or materials. The Notice must be served on the property owner, the general contractor, and the construction lender. Failure to serve the Notice of Furnishing within 20 days does not eliminate lien rights but limits the lien to labor or materials furnished on or after the 20-day lookback period from the date of service.
The Notice of Furnishing must include the claimant's name and address, the name of the party who contracted with the claimant, the date of first furnishing, and a general description of the labor or materials. The notice must be served by first-class mail or personal delivery. Michigan also requires the property owner to post a Notice of Commencement at the project site — this notice triggers the 20-day window for subcontractors to serve their Notice of Furnishing.
For public municipal projects, subcontractors must serve an initial notice to the public entity and GC within 30 days of first furnishing, and a second notice within 90 days of last furnishing under MCL 129.207. Highway and state project bond claims under MCL 570.101 have slightly different notice requirements. Failure to give the required notices on public projects can permanently extinguish payment bond claim rights.
How to File a Mechanic Lien in Michigan: Step-by-Step
An overview of the statutory process — each step is technical and typically handled by an attorney.
- 1
Look for the Notice of Commencement: Check whether the owner has posted or recorded a Notice of Commencement (MCL 570.1108). If posted, you must serve your Notice of Furnishing within 20 days of first furnishing.
- 2
Serve Notice of Furnishing immediately: If you are not in direct contract with the owner, serve a Notice of Furnishing on the owner, general contractor, and lender within 20 days of first furnishing (MCL 570.1109). Use certified mail or personal delivery.
- 3
Document your work: Maintain detailed records of all labor performed and materials furnished, including dates of first and last furnishing. Your 90-day lien filing deadline runs from your last day of furnishing.
- 4
Prepare the Claim of Lien: Prepare a Claim of Lien (MCL 570.1111) including: (a) claimant name and address; (b) owner name and address; (c) last known address of the party who hired you; (d) the amount owed; (e) a description of the work; (f) dates of first and last furnishing; and (g) a description of the property.
- 5
File the Claim of Lien with the register of deeds: File the Claim of Lien with the register of deeds in the county where the property is located within 90 days of your last furnishing.
- 6
Serve a copy on the owner and GC: Within 15 days of recording, serve a copy of the recorded lien on the property owner and general contractor by personal service or certified mail.
- 7
File suit within 1 year: Commence an action to enforce the lien in the circuit court within 1 year after the date of last furnishing. If suit is not filed within this period, the lien expires by operation of law (MCL 570.1117).
Topics on This Page
Michigan Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Michigan construction mechanic lien law.
Notice Requirements
Notice of Furnishing deadlines, sworn statement obligations, and preliminary notice rules for private and public works under Michigan law
Mechanic Lien Deadlines
90-day Claim of Mechanic Lien recording deadline, owner service requirements, and filing procedures under M.C.L.A. §570.1101
Mechanic Lien Enforcement Deadlines
1-year suit deadline, Lis Pendens filing, public bond claim enforcement, and highway project suit timelines
Frequently Asked Questions
What statute governs mechanic liens in Michigan?
Private works construction mechanic lien rights are governed by the Michigan Construction Mechanic Lien Act, M.C.L.A. §570.1101 et seq. Public municipal bond claims fall under M.C.L.A. §129.201 et seq. Highway project bond claims are under M.C.L.A. §570.101 et seq.
What is the Notice of Furnishing in Michigan?
Subcontractors, suppliers, and laborers must serve a Notice of Furnishing within 20 days of first delivery or furnishing under M.C.L.A. §570.1109. Failure to serve timely can impair mechanic lien rights.
What is the sworn statement requirement in Michigan?
Before each payment draw, subcontractors must provide sworn statements to the contractor. The contractor must provide these, plus their own, to the owner. A contractor's mechanic lien is unenforceable without providing the required sworn statement. M.C.L.A. §570.1110.
What is the deadline to file a mechanic lien in Michigan?
All claimants must record a Claim of Mechanic Lien within 90 days of last performance or furnishing. After recording, a copy must be served on the owner's designee within 15 days by certified mail.
How long do I have to enforce a Michigan construction mechanic lien?
Suit must be filed within 1 year of recording the Claim of Mechanic Lien. A Lis Pendens Notice must also be filed when commencing suit.
Can I file a mechanic lien on a public project in Michigan?
No. Mechanic liens cannot be filed on public property. Payment rights are secured through payment bond claims under M.C.L.A. §129.201 (municipal projects) or M.C.L.A. §570.101 (highway projects).