Michigan Construction Lien Deadlines
Three numbers decide whether an unpaid contractor has leverage or just an invoice: 20, 90, and 365.
Quick Answer
What are the construction lien deadlines in Michigan?
Michigan's Construction Lien Act sets three critical deadlines. First, a subcontractor or supplier must serve a notice of furnishing on the designee and general contractor named in the notice of commencement within 20 days after first furnishing labor or material (MCL 570.1109); a laborer's notice runs within 30 days after contractually due wages went unpaid. Second, a claim of lien must be recorded with the register of deeds in each county where the property is located within 90 days after the claimant's last furnishing, or the statute says the lien right ceases to exist (MCL 570.1111). Third, proceedings to enforce the lien through foreclosure must be brought no later than 1 year after the date the claim of lien was recorded, with a lis pendens recorded at filing (MCL 570.1117). A contractor with a direct contract with the owner or lessee does not need a notice of furnishing to preserve lien rights arising from that contract.
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The sequence, in order
Get the notice of commencement on day one
It names the owner, the general contractor, and the designee, and it contains the legal description. Everything downstream depends on it. Ask for it before you start work, not after payment goes sideways.
Serve the notice of furnishing within 20 days of first furnishing
Subcontractors and suppliers serve the designee and general contractor named in the notice of commencement, personally or by certified mail. If no designee is named, serve the owner or lessee named there. Service by certified mail is complete on mailing.
Laborers: 30 days after unpaid wages were due
A laborer's notice of furnishing runs on a different trigger — within 30 days after wages were contractually due but not paid.
Track your last furnishing date carefully
The 90-day clock runs from the last day you furnished labor or material for the improvement under your contract. Warranty callbacks and punch-list visits are frequently argued about; do not assume a small return trip resets anything.
Record the claim of lien within 90 days
Record with the register of deeds in each county where the property sits. The lien is valid only as to the property described in it and located in that county. Get the legal description from the notice of commencement or the deed — a street address is not enough.
Serve a copy of the recorded claim of lien
A copy of the claim, along with the recorded proof of service of the notice of furnishing where one was required, must be served on the designee, or on the owner or lessee.
Calendar the one-year enforcement deadline
Foreclosure proceedings must be brought no later than 1 year after the date the claim of lien was recorded, and a notice of lis pendens is recorded when the action is filed. Miss it and the recorded lien stops being enforceable.
Discharge the lien once you are paid
Payment does not remove the lien. The claimant records a discharge with the same register of deeds. Owners: do not close a sale assuming it fell off on its own.
Michigan construction lien timeline
| Deadline | Who | Runs from | Statute |
|---|---|---|---|
| 20 days | Subcontractor or supplier — notice of furnishing | First furnishing of labor or material | MCL 570.1109 |
| 30 days | Laborer — notice of furnishing | Date contractually due wages went unpaid | MCL 570.1109 |
| No notice required | Contractor with a direct owner or lessee contract | N/A for that contract's lien rights | MCL 570.1109 |
| 90 days | All claimants — record claim of lien | Last furnishing of labor or material | MCL 570.1111 |
| 1 year | All claimants — begin foreclosure proceedings | Date the claim of lien was recorded | MCL 570.1117 |
| After payment | Claimant — record discharge | Payment or settlement | Construction Lien Act |
General information about Michigan's Construction Lien Act, not legal advice. Whether a deadline has run in your situation is a legal question for an attorney.
Key Terms
- Construction Lien Act
- Michigan Act 497 of 1980, which governs construction lien rights, notices, and enforcement.
- Notice of commencement
- The project document identifying the owner, general contractor, designee, and property description.
- Notice of furnishing
- The early notice preserving a subcontractor's, supplier's, or laborer's lien rights.
- Claim of lien
- The recorded document asserting the lien against the described property.
- Lis pendens
- A recorded notice that a lawsuit affecting the property has been filed.
People Also Ask
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Reviewed and updated by the Clear Path document team. Informational only — not legal advice.