Mich. Comp. Laws § 570.1104

Additional definitions.

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CONSTRUCTION LIEN ACT

Act 497 of 1980

570.1104 Additional definitions.

Sec. 104.

(1) "Court" means the circuit court in which an action to enforce a construction lien through foreclosure is pending.

(2) "Design professional" means an individual who is licensed or registered as an architect, professional engineer, or professional surveyor under article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to 339.2014, or a corporation, partnership, limited liability company, or other legal entity that is authorized under article 20 of the occupational code, 1980 PA 299, MCL 339.2001 to 339.2014, to engage in the practice of any of these professions.

(3) "Designee" means a person named by an owner or lessee to receive, on behalf of the owner or lessee, all notices or other instruments required to be furnished under this act. The owner or lessee may name himself or herself as designee. The owner or lessee may not name the contractor as designee. However, a contractor who is providing only architectural or engineering services may be named as designee.

(4) "Fringe benefits and withholdings" means compensation due an employee pursuant to a written contract or written policy for holiday, time off for sickness or injury, time off for personal reasons or vacation, bonuses, authorized expenses incurred during the course of employment, and any other contributions made to or on behalf of an employee.

(5) "General contractor" means a contractor who contracts with an owner or lessee to provide, directly or indirectly through contracts with subcontractors, suppliers, or laborers, substantially all of the improvements to the property described in the notice of commencement.

(6) "Improvement" means the result of labor or material provided by a contractor, subcontractor, supplier, or laborer, including, but not limited to, surveying, engineering and architectural planning, construction management, clearing, demolishing, excavating, filling, building, erecting, constructing, altering, repairing, ornamenting, landscaping, paving, leasing equipment, and installing or affixing a fixture or material, pursuant to a contract.

(7) "Laborer" means an individual who, pursuant to a contract with a contractor or subcontractor, provides an improvement to real property through the individual's personal labor.

History: 1980, Act 497, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 17, Eff. Mar. 1, 1982 ;-- Am. 2006, Act 497, Eff. Jan. 3, 2007 ;-- Am. 2010, Act 147, Imd. Eff. Aug. 23, 2010 ;-- Am. 2018, Act 367, Imd. Eff. Dec. 12, 2018

Notes of Decisions

Cited in 17 cases (4 in the last 5 years), 1987–2024 · leading case: Erb Lumber Co. v. Homeowner Construction Lien Recovery Fund

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Erb Lumber Co. v. Homeowner Construction Lien Recovery Fund (1994) michctapp · cites it 4× “MCL 570.1104; MSA 26.316(104). It also argues that both the language of the statute and case law *719 demonstrate that interest payments are not properly included in determining the amount of a lien.”

C D Barnes Associates Inc. v. Star Heaven, LLC (2013) michctapp “Section 104 of the Construction Lien Act defines “improvement” as the result of labor or material provided by a contractor, subcontractor, supplier, or laborer, including, but not limited to, surveying, engineering and architectural planning, construction management, clearing,…”

Erb Lumber, Inc v. Gidley (1999) michctapp · cites it 2× “We understand the fund's argument, as well as that of the dissent, who also states that the Gidleys were required to make all the payments required by the contract.”

Pitsch v. Ese Michigan, Inc (1999) michctapp “” MCL 570.1104(7); MSA 26.316(104)(7). 13 We do not address defendant Dunbar’s argument that the statute of repose applies only to state-licensed contractors.”

Lee Wholesale Supply, Inc. v. Yacos (In Re Yacos) (2007) mieb · cites it 2× “(quoting Mich. Comp. Laws Ann. § 570.1104 (7)). The court then applied the definition of “improvement” from that act and concluded that the leak detection work done by the plaintiff was an “improvement” and therefore covered by the MBCFA.”

M D Marinich, Inc v. Michigan National Bank (1992) michctapp “"Contract,” as used in the act, is given a broad definition that includes any type of contract and all additions, deletions, or modifications. MCL 570.1103(4); MSA 26.316(103X4). "Improvements” is also broadly defined and includes, among other *457 services provided,…”

Stock Building Supply, LLC v. Parsley Homes of Mazuchet Harbor, LLC (2011) michctapp · cites it 4× “] The Construction Lien Act defines an “improvement” as the result of labor or material provided by a contractor, subcontractor, supplier, or laborer, including, but not limited to, surveying, engineering and architectural planning, construction management, clearing,…”

Titanus Cement Wall Co., Inc. v. Watson (1987) michctapp “MCL 570.1104(8); MSA 26.316(104)(8). Because Titanus and Erb are contractors, and not subcontractors, suppliers or laborers, they are not entitled to recover on their liens from the fund.”

In Re Brown (2001) mied “" § 570.1104(7)(emphasis added). Finally, the Lien Act clearly indicates that a party is not precluded from instituting an action on the underlying contract as well: "In connection with an action for foreclosure of a construction lien, the lien claimant also may maintain an…”

Kitchen Suppliers, Inc. v. Erb Lumber Co. (1989) michctapp “MCL 570.1104(6); MSA 26.316(104)(6). Erb supplied lumber and other materials for use by Liberty in the construction of the house and was therefore a supplier entitled to reimbursement of its lien from the fund.”

Eci Environmental Consultants and Engineers v. House of Providence (2023) michctapp · cites it 10× “Defendant also alleged that plaintiff’s services did constitute an “improvement” as contemplated and defined by MCL 570.1104(6). The trial court granted defendant summary disposition under MCR 2.”

B & D Drywall Supply, Inc. v. Eyde Construction Co. (2001) mied “” § 570.1104(7)(em-phasis added). Finally, the Lien Act clearly indicates that a party is not precluded from instituting an action on the underlying contract as well: “In connection with an action for foreclosure of a construction lien, the lien claimant also may maintain an…”

Show all 17 citing cases →

— Mich. Comp. Laws § 570.1104(5) — 4 cases

Stock Building Supply, LLC v. Parsley Homes of Mazuchet Harbor, LLC (2011) michctapp “] The Construction Lien Act defines an “improvement” as the result of labor or material provided by a contractor, subcontractor, supplier, or laborer, including, but not limited to, surveying, engineering and architectural planning, construction management, clearing,…”

Tsp Services Inc v. National-Standard LLC (2019) michctapp

— Mich. Comp. Laws § 570.1104(6) — 3 cases

Eci Environmental Consultants and Engineers v. House of Providence (2023) michctapp “Defendant also alleged that plaintiff’s services did constitute an “improvement” as contemplated and defined by MCL 570.1104(6). The trial court granted defendant summary disposition under MCR 2.”

Quantum Concrete Inc v. Plaza De Kaza LLC (2023) michctapp

— Mich. Comp. Laws § 570.1104(7) — 5 cases

Erb Lumber, Inc v. Gidley (1999) michctapp “We understand the fund's argument, as well as that of the dissent, who also states that the Gidleys were required to make all the payments required by the contract.”

— Mich. Comp. Laws § 570.1104(8) — 1 case

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