Michigan Compiled Laws
497-1980-1 - Part 1 (570.1101...570.1128)
Section 570.1114a - Construction Lien Recorded by Unlicensed Person.

Sec. 114a.
(1) The owner of residential property on which a construction lien has been recorded by a person who was not licensed as described in section 114, or any person affected by the lien, may bring an action to discharge the lien.
(2) If the court in an action under subsection (1) determines that the person who recorded the lien was not licensed as required, the person is liable to the person who brought the action for all damages that result from the recording and any attempts to enforce the lien, including actual costs and attorney fees.
(3) A person who brings an action to recover for the performance of an act or contract for which a license is required as described in section 114 shall allege in the complaint and has the burden of proving that he or she was properly licensed.
History: Add. 2006, Act 497, Eff. Jan. 3, 2007

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.