Michigan Mechanic Lien Enforcement Deadlines

Private Works — 1-Year Suit Deadline with Lis Pendens

Under Michigan law, a construction mechanic lien must be enforced by filing suit within 1 year of the date the Claim of Mechanic Lien was recorded. The mechanic lien claimant must also file a Lis Pendens Notice at the time suit is commenced.

If the mechanic lien claimant fails to initiate suit within this one-year period, the mechanic lien expires and becomes unenforceable. The Lis Pendens Notice provides constructive notice to third parties that litigation affecting the property is pending.

Lis Pendens Filing Requirement

Michigan requires the mechanic lien claimant to file a Lis Pendens Notice when commencing suit to enforce the construction mechanic lien. This notice is recorded with the Register of Deeds and alerts potential buyers, lenders, and other parties that the property is subject to pending litigation.

The Lis Pendens is a critical procedural step — failing to file it may weaken the mechanic lien claimant's priority position against subsequent purchasers or encumbrancers.

Public Municipal Projects — Bond Claim Suit Deadline (§129.201)

On public municipal projects, suit on the payment bond may not be filed earlier than 90 days after the claimant's last provision of labor and materials. This mandatory waiting period gives the contractor time to resolve payment disputes before litigation.

Suit must be filed no later than 1 year after final payment is made to the principal contractor. Claimants should monitor the project timeline closely to ensure they do not miss the suit deadline.

Highway Projects — Bond Claim Suit Deadline (§570.101)

For Michigan Department of Transportation highway projects, suit must be filed within 1 year of completion and acceptance of the project. The 60-day notice requirement (sending notice to the principal contractor and the contracting officer) must be completed before suit can be initiated.

Claimants on highway projects should be aware that the completion and acceptance date — not the claimant's last furnishing date — triggers the suit deadline.

Bond Claim Notice Prerequisites

On public municipal projects, subcontractors and suppliers not in privity with the GC must have served both the initial notice (within 30 days of first furnishing) and the second notice (within 90 days of last performance) before filing suit on the bond.

If the payment bond does not include a preliminary notice requirement and extends coverage to those not having a contract with the GC, then subcontractors and suppliers not having a contract with the GC are not required to give a preliminary notice to preserve their claims. Royalite Co. v. Federal Ins. Co., 184 Mich. App. 69.

Automatic Mechanic Lien Expiration

A Michigan construction mechanic lien that is not enforced by filing suit within 1 year after the Claim of Mechanic Lien is recorded automatically expires by operation of law. The claimant loses all mechanic lien rights and must pursue other remedies such as breach of contract.