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time frame to file

is the 90 day to file a lien written in stone. i mean if i did a job and the last money owned to me was to be given but was being lied to when i would get it. then they kept pushing back when i would get paid and the 90 is past days know, am i out of luck? is the 90 day 90 business days or just 90 days?

3 replies

Feb 27, 2020

In Michigan, the deadline to file a valid and enforceable mechanics lien is 90 days from last furnishing labor or material to the project. Specifically, this is set out by § 570.1111 Sec. 111. (1), which states, in part: "the right of a contractor, subcontractor, laborer, or supplier to a construction lien created by this act shall cease to exist unless, within 90 days after the lien claimant’s last furnishing of labor or material for the improvement, pursuant to the lien claimant’s contract, a claim of lien is recorded in the office of the register of deeds for each county where the real property to which the improvement was made is located." This is a hard deadline, and once more than 90 calendar days have elapsed since the claimant furnished labor or materials to the project, the right to claim a valid lien expires. Just because there may not be a lien right doesn't mean that recovery is impossible, however. A lawsuit for breach of contract, or potentially some other action like conversion, may be appropriate and lead to recovery of the amounts due. In Michigan, disputes of $6,000 or less can be filed in small claims court, which can result in less time and money being spent prior to potential recovery. If a lawsuit is successful, the judgment may be secured by a "judgment lien" if needed.

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Feb 27, 2020

I echo and concur with Nate's response about 90 days. The leading case on this point in Michigan is Northern Concrete Pipe v Sinacola, 461 Mich 316; 603 NW2d 257 (1999). In this case, the Michigan Supreme Court was asked to consider whether "substantial compliance" with the 90-day requirement was adequate. The Court said No. "Absent strict compliance with the ninety-day filing requirement of M.C.L. § 570.1111(1); MSA 26.316(111)(1), every construction project could create a potential cloud on the title to property, creating uncertainty in land titles. Moreover, where property owners and subsequent purchasers rely on the clear and unambiguous requirements of MCL 570.1111(10: MSA 26.316(111), and find no notice of lien filed with the county office of the register of deeds, it would be inequitable to later subject those parties to the risk of foreclosure." * * * "With respect to the statutory language in question, the most reasonable interpretation of "90 days" is precisely "90 days," particularly where, as here, the statute emphasizes that the lien "cease[s] to exist" if not recorded within the ninety-day deadline."

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Jun 26, 2022

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