If I the subcontractor did not send a Notice of Furnishing but also the Owner did not submit a Notice of Commencement does anyone have lien rights?
3 replies
Apr 29, 2021
A notice of commencement is supposed to be clearly posted at the job site AND recorded against the title to the property in the local register of deeds. Even if you, as a subcontractor, did not send a NOF you probably did not loose your lien rights because if the owner did not get sworn statements from the contractor prior to paying the contractor the owner has no defense to the lien. In Michigan the time limit that has real significance is that you MUST FILE YOUR LIEN WITHIN 90 DAYS OF YOUR LAST DATE OF WORK AT THE SITE. Thereafter you will have 1 year from the date of filing of your lien to file a lawsuit to foreclose. All other dates and time periods are flexible.
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Apr 29, 2021
At first blush, it would seem that the Owner failure to provide a NOC tolled the period for supplying a NOF and lien rights — especially so if the Sworn Statement includes mention of the Sub. Regardless, Sub should provide NOF and pursue lien rights — at least from that point forward, and likely from the start of the project. Regards, John K. Robertson LAW OFFICE - CONTRACT ATTORNEY t: (248)943-7770 e: lawjkr@mac.com (TEXT FOR EXPEDITED RESPONSE) Privileged & Confidential: This email communication and any attachments are intended for the sole use of the intended recipient. If you are not this person(s), be advised that any use of this communication including reading, storing, copying, disclosing, or distributing it is strictly prohibited and shall not waive attorney-client privilege. Legal advice and an attorney-client relationship depends on a separate and distinct engagement letter and appropriate fee agreement setting forth expected services, rights and responsibilities. If you have received this communication in error, please promptly alert the sender by email or phone and delete this message. Thank you.
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May 4, 2021
At first blush, it would seem that the Owner failure to provide a NOC tolled the period for supplying a NOF and lien rights — especially so if the Sworn Statement includes mention of the Sub. Regardless, Sub should provide NOF and pursue lien rights — at least from that point forward, and likely from the start of the project.