Michigan Mechanic Lien Deadlines

Contractors — 90-Day Recording Deadline

Under Michigan law, a general contractor must record a Claim of Mechanic Lien within 90 days of the contractor's last performance on the project. The Claim of Mechanic Lien is recorded with the Register of Deeds in the county where the property is located.

After recording, the contractor must serve a copy of the Claim of Mechanic Lien on the owner's designee within 15 days by certified mail. The sworn statement requirement under M.C.L.A. §570.1110 must also be satisfied — a contractor's mechanic lien is unenforceable until the contractor has provided the required sworn statement.

Subcontractors, Suppliers & Laborers — 90-Day Recording Deadline

Subcontractors, suppliers, and laborers must record a Claim of Mechanic Lien within 90 days of furnishing labor or materials. The mechanic lien is recorded with the Register of Deeds in the county where the property is located.

The recorded Claim of Mechanic Lien must include proof of service for the Notice of Furnishing previously sent to the owner. After recording, the claimant must serve a copy on the owner's designee within 15 days by certified mail.

Service After Recording — 15-Day Requirement

After recording the Claim of Mechanic Lien, the mechanic lien claimant must serve a copy on the owner's designee within 15 days of recording. Service must be by certified mail.

This post-recording service requirement applies to all claimants — contractors, subcontractors, suppliers, and laborers. Failure to serve within the 15-day window may affect the enforceability of the mechanic lien.

Sworn Statement as Prerequisite to Enforceable Mechanic Lien

Michigan is unique in that a contractor's Claim of Mechanic Lien is not enforceable until the contractor has provided the required sworn statement under M.C.L.A. §570.1110. This means recording the mechanic lien alone is not sufficient — the sworn statement obligation must also be fulfilled.

For subcontractors, the sworn statement must be provided to the contractor for each payment draw. For laborers, the sworn statement must be given within 30 days after wages are due; otherwise, the mechanic lien is invalid.

Proof of Notice of Furnishing

When subcontractors, suppliers, or laborers record their Claim of Mechanic Lien, they must attach proof of service for the Notice of Furnishing that was previously sent to the owner under M.C.L.A. §570.1109.

This documentation requirement reinforces the importance of properly serving and retaining proof of the Notice of Furnishing within the 20-day deadline.

Public Projects — No Mechanic Lien Available

Mechanic liens cannot be filed against public property in Michigan. On public construction projects, unpaid contractors, subcontractors, and suppliers must pursue payment through a claim against the project's payment bond under M.C.L.A. §129.201 et seq. (public municipal projects) or M.C.L.A. §570.101 et seq. (highway projects).