Michigan Compiled Laws
497-1980-1 - Part 1 (570.1101...570.1128)
Section 570.1104 - Additional Definitions.

Sec. 104.
(1) "Court" means the circuit court in which an action to enforce a construction lien through foreclosure is pending.
(2) "Design professional" means an individual who is licensed or registered as an architect, professional engineer, or professional surveyor under article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to 339.2014, or a corporation, partnership, limited liability company, or other legal entity that is authorized under article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to 339.2014, to engage in the practice of any of these professions.
(3) "Designee" means a person named by an owner or lessee to receive, on behalf of the owner or lessee, all notices or other instruments required to be furnished under this act. The owner or lessee may name himself or herself as designee. The owner or lessee may not name the contractor as designee. However, a contractor who is providing only architectural or engineering services may be named as designee.
(4) "Fringe benefits and withholdings" means compensation due an employee pursuant to a written contract or written policy for holiday, time off for sickness or injury, time off for personal reasons or vacation, bonuses, authorized expenses incurred during the course of employment, and any other contributions made to or on behalf of an employee.
(5) "General contractor" means a contractor who contracts with an owner or lessee to provide, directly or indirectly through contracts with subcontractors, suppliers, or laborers, substantially all of the improvements to the property described in the notice of commencement.
(6) "Improvement" means the result of labor or material provided by a contractor, subcontractor, supplier, or laborer, including, but not limited to, surveying, engineering and architectural planning, construction management, clearing, demolishing, excavating, filling, building, erecting, constructing, altering, repairing, ornamenting, landscaping, paving, leasing equipment, and installing or affixing a fixture or material, pursuant to a contract.
(7) "Laborer" means an individual who, pursuant to a contract with a contractor or subcontractor, provides an improvement to real property through the individual's personal labor.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 17, Eff. Mar. 1, 1982 ;-- Am. 2006, Act 497, Eff. Jan. 3, 2007 ;-- Am. 2010, Act 147, Imd. Eff. Aug. 23, 2010 ;-- Am. 2018, Act 367, Imd. Eff. Dec. 12, 2018

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 570 - Liens

Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)

497-1980-1 - Part 1 (570.1101...570.1128)

Section 570.1101 - Short Title.

Section 570.1102 - Meanings of Words and Phrases.

Section 570.1103 - Definitions.

Section 570.1104 - Additional Definitions.

Section 570.1105 - Additional Definitions.

Section 570.1106 - Additional Definitions.

Section 570.1107 - Construction Lien Generally.

Section 570.1107a - Construction Lien for Professional Services Contract by Design Professionals; Notice of Contract; Form; Recording; Validity, Effectiveness, and Duration of Notice; Applicability to Other Liens.

Section 570.1107b - Construction Lien for Subcontract for Professional Services With Design Professional; Approval by Owner; Notice of Subcontract; Form; Recording; Validity, Effectiveness, and Duration of Notice; Applicability to Other Liens.

Section 570.1108 - Improvements to Real Property; Notice of Commencement; Form; Recording; Contents of Notice; Blank Notice of Furnishing; Incorrect Information in Notice; Providing Copy of Notice and Blank Notice of Furnishing Form to Subcontractor,...

Section 570.1108a - Improvement to Residential Structure; Notice of Commencement; Contents of Notice; Blank Notice of Furnishing; Incorrect Information in Notice; Providing Copy of Notice and Blank Notice of Furnishing to Contractor, Subcontractor, S...

Section 570.1109 - Subcontractor, Supplier, or Laborer Contracting to Provide Improvement to Real Property; Service of Notice of Furnishing; Form of Notice; Effect of Failure by Lien Claimant to Provide Notice Within Time Specified; Failure of Labore...

Section 570.1110 - Sworn Statement by Contractor or Subcontractor; Contents; Form; Notice of Receipt; Withholding From Contractor or Subcontractor Amount Due Subcontractors, Suppliers, Laborers, or Lien Claimants; Direct Payments to Lien Claimants; N...

Section 570.1111 - Claim of Lien; Recording; Validity; Form; Assignment; Statement; Proof of Service of Notice of Furnishing; Serving Copy of Claim of Lien and Recorded Proof of Service on Designee, Owner, or Lessee; Claim of Lien of More Than 1 Labo...

Section 570.1112 - Endorsing and Indexing Instrument by Register of Deeds; Recording Fee; Constructive Notice.

Section 570.1113 - Making Available to Lien Claimant Copy of Contract and Statement of Amount Due and Unpaid; Liability of Owner or Lessee; Providing to Owner, Lessee, or Designee Statement of Labor and Material Furnished; Liability of Lien Claimant...

Section 570.1114 - Construction Lien on Interest of Owner or Lessee in Residential Structure; Providing Improvement Under Written Contract Required; Statement; Contents.

Section 570.1114a - Construction Lien Recorded by Unlicensed Person.

Section 570.1115 - Waiver of Construction Lien.

Section 570.1116 - Claim of Lien; Vacation and Discharge; Bond; Penal Sum; Filing; Notification of Lien Claimant; Objection to Sufficiency of Surety; Appearance by Surety; Approval of Bond; Certificate; Recordation; Discharge of Claim of Lien and Not...

Section 570.1117 - Action for Enforcement of Construction Lien Through Foreclosure; Notice of Lis Pendens; Agent Appointed to Represent Laborers; Parties; Action on Contract by Lien Claimant; Enforcement of Lien by Cross-Claim or Counterclaim Where L...

Section 570.1118 - Action to Enforce Construction Lien Through Foreclosure; Circuit Court; Equitable Nature of Action; Enforcement of Lien by Cross-Claim or Counterclaim Filed in Pending Action; Duties of Court; Attorneys' Fees.

Section 570.1118a - Attachment of Claim to Residential Structure; Affidavit; Rebuttable Presumption of Payment by Owner or Lessee to Contractor.

Section 570.1119 - Claims of Lien Having Equal Priority; Priority of Construction Lien Over Garnishments and Over Other Interests, Liens, or Encumbrances; Attachment; Effect of Recording; Priority of Recorded Mortgage, Lien, Encumbrance, or Other Int...

Section 570.1120 - Failure of Owner or Lessee to Perform Contract; Compensation and Additional Damages.

Section 570.1121 - Judgment of Foreclosure; Sale of Real Property or Improvement; Satisfaction of Lien From Rents, Profits, and Income; Adding Tax and Insurance Premium Payments; Affidavit; Redemption Period; Conduct of Sale; Right, Title, and Intere...

Section 570.1122 - Appointing Receiver in Action to Enforce Construction Lien Through Foreclosure or in Action to Foreclose Mortgage; Petition; Motion; Finding; Appointment; Nominations by Mortgagee and Lien Claimant; Fiduciary Responsibility; Appoin...

Section 570.1123 - Petition by Receiver for Authority to Complete Construction of Improvements, Borrow Money, Grant Security, or Sell Real Property Under Foreclosure; Sale; Redemption Period; Purchase of Real Property by Lien Claimant or Mortgagee; R...

Section 570.1124 - Final Account of Receiver; Final Order Directing Distribution of Assets; Order of Priority; Deficiency Judgment; Notice of Hearing.

Section 570.1125 - Assignability of Construction Lien; Powers and Obligations of Assignee.

Section 570.1126 - Construction Lien Concerning Condominium; Limitations; Definitions.

Section 570.1127 - Full Payment of Claim of Lien; Certificate; Discontinuance or Dismissal of Action to Enforce Lien Through Foreclosure and to Discharge Notice of Lis Pendens; Documents; Providing Discharges of Lien and Other Documents.

Section 570.1128 - Failure to Commence Proceedings to Enforce Lien Within Time Provided by Law; Certificate; Recording; Affidavit Showing Time Statement or Claim of Lien Recorded.