Legal Question in Construction Law in Michigan

Lien law

In the process of building a home the owner asked to have a copy of my builders licence, and when i was looking for it I found out that my licence had lapsed

from june of 99, in the process the job has gone a different direction because her husband was killed.

now she has been witholding payment, so my question is can i legaly file a lien. Also there had been extras asked by the husband, no change orders! the work is appearent to her but refuses to pay ?


Asked on 8/28/01, 6:31 pm

1 Answer from Attorneys

Don Darnell Darnell & Lulgjuraj, P.C.

Re: Lien law

You can file a lien, but you may have a problem with a lien foreclosure lawsuit. File your lien no matter what within 90 days of last furnishing and make your license current as soon as possible. Recent case law in Michigan has held that a non-licensed person can file a lien, but that they can't file a lien foreclosure case. What this means is that at worst you can file a lien and wait until she tries to sell or refinance the mortgage.

You may contact me directly for further guidance.

Don Darnell 734/544-7676

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Answered on 9/17/01, 12:17 pm


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