Michigan Compiled Laws
Article 24 - (339.2401...339.2412)
Section 339.2412 - Action for Collection of Compensation for Performance of Act or Contract; Alleging and Proving Licensure; Failure to Use Alternative Dispute Resolution; Other Legal Action; Civil Violation.

Sec. 2412.
(1) A person or qualifying officer for a corporation or member of a residential builder or residential maintenance and alteration contractor shall not bring or maintain an action in a court of this state for the collection of compensation for the performance of an act or contract for which a license is required by this article without alleging and proving that the person was licensed under this article during the performance of the act or contract.
(2) Failure of the person bringing a complaint against a licensee to utilize a contractually provided alternative dispute resolution procedure shall be an affirmative defense to an action brought in a court of this state against a licensee under this article.
(3) A person or qualifying officer for a corporation or a member of a residential builder or residential maintenance and alteration contractor shall not impose or take any legal or other action to impose a lien on real property unless that person was licensed under this article during the performance of the act or contract.
(4) A prosecuting attorney and the attorney general may bring an action for a civil violation in a court of competent jurisdiction against a person not licensed under this article that has violated section 601(1) or (2). The court shall assess a civil fine, to be paid to the prosecuting attorney or the attorney general bringing the action, of not less than $5,000.00 and not more than $25,000.00, aside from any civil damages or restitution.
History: 1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1980, Act 496, Eff. Mar. 31, 1981 ;-- Am. 2001, Act 113, Imd. Eff. July 31, 2001 ;-- Am. 2007, Act 155, Eff. June 1, 2008 Popular Name: Act 299

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 339 - Occupational Code

Act 299 of 1980 - Occupational Code (339.101 - 339.2919)

Article 24 - (339.2401...339.2412)

Section 339.2401 - Definitions.

Section 339.2402 - Residential Builders' and Maintenance and Alteration Contractors' Board; Creation; Qualifications of Members.

Section 339.2403 - Engaging in Business or Acting in Capacity of Residential Builder or Residential Maintenance and Alteration Contractor or Salesperson Without License.

Section 339.2404 - Evidence of Good Moral Character; Proof of Identity; Examination; Issuance of Residential Maintenance and Alteration Contractor's License; Scope of Crafts and Trades; Place of Business; Branch Office License; Duration of License; R...

Section 339.2404a - Information to Be Provided as Part of Contract.

Section 339.2404b - Licensure as Residential Builder or Residential Maintenance and Alteration Contractor; Completion of Prelicensure Course of Study; Disciplinary Action; Continuing Competency Requirements; Approved Courses; Subject Matter; Rules; A...

Section 339.2404c - Individual Denied License Because of Financial Instability.

Section 339.2405 - Application for License by Corporation, Partnership, Association, Limited Liability Company, or Other Entity; Designation and Responsibilities of Qualifying Officer; Age and License Requirements; Suspension, Revocation, or Denial o...

Section 339.2406 - Nonresident Licensee; Issuing License to Foreign Corporation; Irrevocable Consent to Service of Process; Resolution Authorizing Consent; Service of Process or Pleading.

Section 339.2407 - Licensing Salesperson in Employ of 1 Builder or Contractor; Application for Transfer and Issuance of New License; Submission of Salesperson's License Application.

Section 339.2408 - Repealed. 1988, Act 463, Eff. Sept. 1, 1989.

Section 339.2409 - Reporting Certain Changes.

Section 339.2410 - Repeating Examination Not Required When Making Application for Additional License.

Section 339.2411 - Complaint; Conduct Subject to Penalty; Violations; Review; Administrative Proceedings Regarding Workmanship; Order of Default; "Verified Complaint" Defined.

Section 339.2411a - Final Order of Board; Posting on Website.

Section 339.2412 - Action for Collection of Compensation for Performance of Act or Contract; Alleging and Proving Licensure; Failure to Use Alternative Dispute Resolution; Other Legal Action; Civil Violation.