About Peter Cavanaugh
Mr. Cavanaugh practices business and construction law in Royal Oak, Michigan. He is admitted to practice law in all Michigan courts, and the U.S. District
Court, Eastern District of Michigan. Mr. Cavanaugh also mediates and arbitrates construction disputes.
Court, Eastern District of Michigan. Mr. Cavanaugh also mediates and arbitrates construction disputes.
Peter Cavanaugh's Recent Answers
Sep 24, 2019
Sep 24, 2019
From an Anonymous Contractor
MichiganPartner at Cavanaugh & Quesada, Plc
The short answer is No. Construction liens are based upon improvements to real property (real estate). A food truck is a form of personal property. A
construction lien won't attach to a food truck.
construction lien won't attach to a food truck.
Apr 7, 2020
From an Anonymous Contractor
MichiganPartner at Cavanaugh & Quesada, Plc
Good Morning, On public projects, in Michigan, the Contractor has a right to the interest on retainage. Michigan has a statute that governs retention on
public construction projects. See, PA 524 of 1980 (MCL 125.1561) - http://legislature.mi.gov/doc.aspx?mcl-Act-524-of-1980 On private projects, the right to
interest on retention would be a function of the terms and conditions of the underlying agreement between the parties. The agreement either proSee More...
public construction projects. See, PA 524 of 1980 (MCL 125.1561) - http://legislature.mi.gov/doc.aspx?mcl-Act-524-of-1980 On private projects, the right to
interest on retention would be a function of the terms and conditions of the underlying agreement between the parties. The agreement either proSee More...
Jun 26, 2020
From an Anonymous Contractor
MichiganPartner at Cavanaugh & Quesada, Plc
Construction liens, which is LevelSet's specialty, apply to improvements to real property. What you're describing would be a lien against personal property,
which is governed by Article 9 of the Uniform Commercial Code (UCC) (Secured Transactions). The answer to your question would depend on whether or not
your agreement included the grant of a UCC security interest in the machinery, which is likely classified as personal property. Without more informSee More...
which is governed by Article 9 of the Uniform Commercial Code (UCC) (Secured Transactions). The answer to your question would depend on whether or not
your agreement included the grant of a UCC security interest in the machinery, which is likely classified as personal property. Without more informSee More...
Jun 10, 2020
From an Anonymous Contractor
MichiganPartner at Cavanaugh & Quesada, Plc
Yes. If your customer isn't responding to your calls, and the debt is over a year old (beyond the time to consider a construction lien) you can take them to
small claims court. You don't need a lawyer to do this. Small claims courts are a division of the local district court. Usually, a claim is filed with the district
court where your Customer's main office is located or conducts business. If you tell me where your customer is located, I could tell you in which coSee More...
small claims court. You don't need a lawyer to do this. Small claims courts are a division of the local district court. Usually, a claim is filed with the district
court where your Customer's main office is located or conducts business. If you tell me where your customer is located, I could tell you in which coSee More...
Dec 29, 2021
From an Anonymous Contractor
MichiganPartner at Cavanaugh & Quesada, Plc
MCL 570.1114 requires a written contract for improvements to residential structures. This section includes certain statutory language to be copied verbatim
into the contract. Section 114 also requires the contractor to include his or her license number. The absence of the statutory language in MCL 570.1114 will
not prevent you from recording a construction lien, but it may be an impediment to enforcing your lien through a foreclosure action. That you haSee More...
into the contract. Section 114 also requires the contractor to include his or her license number. The absence of the statutory language in MCL 570.1114 will
not prevent you from recording a construction lien, but it may be an impediment to enforcing your lien through a foreclosure action. That you haSee More...
Details
Location
Royal Oak, MI
Years of Experience
30
Expertise Area
Construction Law
Licenses
Michigan Bar