Mich. Comp. Laws » Michigan Compiled Laws / Chapter 570 / Act 497 of 1980

Mich. Comp. Laws § 570.1109

Subcontractor, supplier, or laborer contracting to provide improvement to real property; service of notice of furnishing; form of notice; effect of failure by lien claimant to provide notice within time specified; failure of laborer to provide notice of furnishing; authorization of agent by laborers to prepare and serve notice.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

CONSTRUCTION LIEN ACT


Act 497 of 1980


570.1109 Subcontractor, supplier, or laborer contracting to provide improvement to real property; service of notice of furnishing; form of notice; effect of failure by lien claimant to provide notice within time specified; failure of laborer to provide notice of furnishing; authorization of agent by laborers to prepare and serve notice.

Sec. 109.

    (1) Except as otherwise provided in sections 108 and 108a, a subcontractor or supplier that contracts to provide an improvement to real property shall provide a notice of furnishing to the designee and the general contractor, if any, as named in the notice of commencement at the address shown in the notice of commencement, either personally or by certified mail, within 20 days after furnishing the first labor or material. If a designee has not been named in the notice of commencement, or if the designee has died, service must be made on the owner or lessee named in the notice of commencement. If service of the notice of furnishing is made by certified mail, service is complete on mailing. A contractor is not required to provide a notice of furnishing to preserve lien rights arising from his or her contract directly with an owner or lessee.

    (2) Except as otherwise provided in sections 108 and 108a, a laborer who contracts to provide an improvement to real property shall provide a notice of furnishing to the designee and the general contractor, if any, as named in the notice of commencement at the address shown in the notice of commencement, either personally or by mail, within 30 days after wages were contractually due but were not paid. If a designee has not been named in the notice of commencement, or if the designee has died, service must be made on the owner or lessee named in the notice of commencement. If service of the notice of furnishing is made by mail, service is complete on mailing by first class mail with postage prepaid.

    (3) Except as otherwise provided in sections 108 and 108a, a laborer who provides an improvement to real property shall provide a notice of furnishing to the designee and the general contractor, if any, named in the notice of commencement at the address shown in the notice of commencement, either personally or by certified mail, by the fifth day of the second month following the month in which fringe benefits or withholdings from wages were contractually due but were not paid. If a designee has not been named in the notice of commencement, or if the designee has died, service must be made on the owner or lessee named in the notice of commencement. If service of the notice of furnishing is made by certified mail, service is complete on mailing.

    (4) A notice of furnishing, if not given on the form attached to the notice of commencement, must be in substantially the following form:

    

    NOTICE OF FURNISHING

    To: ...............................................................

    (name of designee (or owner or lessee) from notice of commencement)

    

    ...............................................................

    (address from notice of commencement)

    Please take notice that the undersigned is furnishing to ..........

    ...................................................................

    (name and address of other contracting party)

    certain labor or material for ....................................,

    

    (describe type of work)

    in connection with the improvements to the real property described

    in the notice of commencement recorded in liber .............., on

    page ........., ......................................... records,

    (name of county)

    ...................................................................

    or (a copy of which is attached to this notice)

    WARNING TO OWNER: THIS NOTICE IS REQUIRED BY THE MICHIGAN CONSTRUCTION LIEN ACT. IF YOU HAVE QUESTIONS ABOUT YOUR RIGHTS AND DUTIES UNDER THIS ACT, YOU SHOULD CONTACT AN ATTORNEY TO PROTECT YOU FROM THE POSSIBILITY OF PAYING TWICE FOR THE IMPROVEMENTS TO YOUR PROPERTY.

    

    ....................................

    

    (name and address of lien claimant)

     

    by .................................

    

    (name and capacity of party signing for lien claimant)

    

    ....................................

    

    (address of party signing)

    Date:....................... .

    (5) The failure of a lien claimant to provide a notice of furnishing within the time specified in this section does not defeat the lien claimant's right to a construction lien for work performed or materials furnished by the lien claimant after the service of the notice of furnishing.

    (6) The failure of a lien claimant to provide a notice of furnishing within the time specified in this section does not defeat the lien claimant's right to a construction lien for work performed or materials furnished by the lien claimant before the service of the notice of furnishing except to the extent that payments were made by or on behalf of the owner or lessee to the contractor pursuant to either a contractor's sworn statement or a waiver of lien in accordance with this act for work performed or material delivered by the lien claimant. This subsection does not apply to a laborer.

    (7) The failure of a laborer to provide a notice of furnishing to the designee as required by subsection (2) defeats the laborer's lien for the wages for which the notice of furnishing is required.

    (8) The failure of a laborer to provide a notice of furnishing to the designee as required by subsection (3) defeats the laborer's lien for the fringe benefits and withholdings for which the notice of furnishing is required.

    (9) The failure of a laborer to provide a notice of furnishing to the general contractor within the time specified in subsection (2) or (3) does not defeat the laborer's right to a construction lien, but the laborer is liable for any actual damages sustained by the general contractor as a result of the failure.

    (10) One or more laborers may authorize an agent to prepare and serve a notice of furnishing in the manner provided in this section. Notice of furnishing under this section may contain the notice of furnishing of more than 1 laborer and must contain the information required by subsection (4) as to each laborer for whom it is prepared. A court shall consider the notice of furnishing of each lien claimant under this subsection on its own merits.

    

History: 1980, Act 497, Eff. Jan. 1, 1982 ;-- Am. 1981, Act 191, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 17, Eff. Mar. 1, 1982 ;-- Am. 2018, Act 367, Imd. Eff. Dec. 12, 2018

Notes of Decisions
Cited in 21 cases (3 in the last 5 years), 1982–2024 · leading case: Vugterveen Systems, Inc. v. Olde Millpond Corp.
Sort: Relevance Newest Treatment
Vugterveen Systems, Inc. v. Olde Millpond Corp. (1997) mich · cites it 7× “MCL 570.1109; MSA 26.316(109). McAlpine & Keating, supra, §§ 4.”
Fischer-Flack, Inc v. Churchfield (1989) michctapp · cites it 8× “On September 23, 1985, plaintiff purportedly provided a "notice of furnishing" by certified mail to the owner, his designee, and the general contractor, pursuant to § 109 of the Construction Lien Act, MCL 570.1109(1); MSA 26.316(109)(1). Plaintiff furnished its first supplies to…”
Schuster Construction Services, Inc. v. Painia Development Corp. (2002) michctapp · cites it 9× “See MCL 570.1109. Plaintiff does not claim to have otherwise notified defendant of its interest before defendant paid Roper in full.”
Central Ceiling & Parttiton, Inc v. Department of Commerce (2002) michctapp · cites it 6× “1109], 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…”
Alan Custom Homes, Inc v. Krol (2003) michctapp “1111(1), the Supreme Court noted that application of the “substantial compliance” provision was well suited to notice provisions where the purpose of the requirement is to ensure that notice was received, citing Vugterveen’s application of the “substantial compliance” provision…”
Big L Corp. v. Courtland Const. Co. (2008) mich · cites it 9× “It provides a sample "sworn statement" and creates penalties for making false sworn statements with intent to defraud.”
Northern Concrete Pipe, Inc v. Sinacola Companies—midwest, Inc (1999) mich · cites it 2× “Such provisions are not as well suited to a “substantial compliance” application as, for example, provisions requiring that certain information be filed with, or that certain showings be made before, public authorities or property owners.”
C D Barnes Associates Inc. v. Star Heaven, LLC (2013) michctapp “bcontractor) to represent to the owner or lessee of the property and his or her agents that the property is free from claims of construction liens, or the possibility of construction liens, except as specifically set forth in this statement and except for claims of construction…”
Pi-Con, Inc. v. a J Anderson Construction Co. (1990) mich · cites it 2× “[MCL 570.1109; MSA 26.316(109). Emphasis added.”
Horton v. Verhelle (1998) michctapp · cites it 10× “MCL 570.1109(1); MSA 26.316(109)(1). Plaintiff and RBK et al.”
Big L Corp. v. Courtland Construction Co. (2008) michctapp · cites it 3× “1108(1); MCL 570.1109(1); Vugterveen, supra at 122 .”
MPC Cashway Lumber Co. v. Hull (2000) michctapp · cites it 2× “316(109), provides in pertinent part: *445 (1) Except as otherwise provided in sections 108, 108a, and 301, a subcontractor or supplier who contracts to provide an improvement to real property shall provide a notice of furnishing to the designee and the general contractor, if…”
Show all 21 citing cases →
— Mich. Comp. Laws § 570.1109(1) — 6 cases
Fischer-Flack, Inc v. Churchfield (1989) michctapp “On September 23, 1985, plaintiff purportedly provided a "notice of furnishing" by certified mail to the owner, his designee, and the general contractor, pursuant to § 109 of the Construction Lien Act, MCL 570.1109(1); MSA 26.316(109)(1). Plaintiff furnished its first supplies to…”
Schuster Construction Services, Inc. v. Painia Development Corp. (2002) michctapp “See MCL 570.1109. Plaintiff does not claim to have otherwise notified defendant of its interest before defendant paid Roper in full.”
Vugterveen Systems, Inc. v. Olde Millpond Corp. (1997) mich “MCL 570.1109; MSA 26.316(109). McAlpine & Keating, supra, §§ 4.”
Horton v. Verhelle (1998) michctapp “MCL 570.1109(1); MSA 26.316(109)(1). Plaintiff and RBK et al.”
Big L Corp. v. Courtland Construction Co. (2008) michctapp “1108(1); MCL 570.1109(1); Vugterveen, supra at 122 .”
— Mich. Comp. Laws § 570.1109(3) — 1 case
Plumbers Local 98 Defined Benefit Pension Fund v. Oakland Contracting Co. d/b/a Oakland Plumbing Company, Inc. (2019) mied
— Mich. Comp. Laws § 570.1109(4) — 2 cases
Vugterveen Systems, Inc. v. Olde Millpond Corp. (1997) mich “MCL 570.1109; MSA 26.316(109). McAlpine & Keating, supra, §§ 4.”
Big L Corp. v. Courtland Const. Co. (2008) mich “It provides a sample "sworn statement" and creates penalties for making false sworn statements with intent to defraud.”
— Mich. Comp. Laws § 570.1109(5) — 3 cases
Vugterveen Systems, Inc. v. Olde Millpond Corp. (1997) mich “MCL 570.1109; MSA 26.316(109). McAlpine & Keating, supra, §§ 4.”
Schuster Construction Services, Inc. v. Painia Development Corp. (2002) michctapp “See MCL 570.1109. Plaintiff does not claim to have otherwise notified defendant of its interest before defendant paid Roper in full.”
Horton v. Verhelle (1998) michctapp “MCL 570.1109(1); MSA 26.316(109)(1). Plaintiff and RBK et al.”
— Mich. Comp. Laws § 570.1109(6) — 8 cases
Schuster Construction Services, Inc. v. Painia Development Corp. (2002) michctapp “See MCL 570.1109. Plaintiff does not claim to have otherwise notified defendant of its interest before defendant paid Roper in full.”
Vugterveen Systems, Inc. v. Olde Millpond Corp. (1997) mich “MCL 570.1109; MSA 26.316(109). McAlpine & Keating, supra, §§ 4.”
Horton v. Verhelle (1998) michctapp “MCL 570.1109(1); MSA 26.316(109)(1). Plaintiff and RBK et al.”
Big L Corp. v. Courtland Construction Co. (2008) michctapp “1108(1); MCL 570.1109(1); Vugterveen, supra at 122 .”
MPC Cashway Lumber Co. v. Hull (2000) michctapp “316(109), provides in pertinent part: *445 (1) Except as otherwise provided in sections 108, 108a, and 301, a subcontractor or supplier who contracts to provide an improvement to real property shall provide a notice of furnishing to the designee and the general contractor, if…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.