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I filed a construction lein in Michigan that is about to expire and I still haven't received payment

Michigan

I have a lein that is going to expire and have not been paid

3 replies

Nov 18, 2021
You have a decision to make. The lien expires in one year unless you file an action to foreclose on the lien before then. You also have the right to sue to person who hired you for breach of contract and perhaps the owner of the property for quantum meruit. The breach of contract claim must be brought within 6 years of the breach. If you continue to do nothing, your right to be paid will eventually expire.
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Nov 18, 2021
You must file a lawsuit to foreclose on the Construction Lien within 1 year after it attaches to the property -- otherwise its void. Contact an attorney.
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Nov 23, 2021

A lien foreclosure suit must be filed in the Circuit Court in your county. You really need to have an attorney handle it. If you recorded it on your own without counsel it must be reviewed for accuracy, legal description etc. Did you serve a copy on the Owner by certified mail? The big question is how much money are we talking about? the Construction Lien Act does provide a possible award of attorney fees if successful. Yes the 12 month deadline is absolute.

The above response is provided as a courtesy and does not establish an attorney-client relationship. If you would like to contact me directly for a consultation, I am located in Port Huron (810) 987-3970. Since 1975.

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