CONSTRUCTION LIEN ACT
Act 497 of 1980
570.1114 Construction lien on interest of owner or lessee in residential structure; providing improvement under written contract required; statement; contents.
Sec. 114.
A contractor does not have a right to a construction lien on the interest of an owner or lessee in a residential structure unless the contractor has provided an improvement to the residential structure under a written contract between the owner or lessee and the contractor and any amendments or additions to the contract are also in writing. The contract required under this section shall contain a statement, in type no smaller than that of the body of the contract, stating all of the following:
(a) That a residential builder or a residential maintenance and alteration contractor is required to be licensed under article 24 of the occupational code, 1980 PA 299, MCL 339.2401 to 339.2412. That an electrician is required to be licensed under article 7 of the skilled trades regulation act, MCL 339.5701 to 339.5739. That a plumbing contractor is required to be licensed under article 11 of the skilled trades regulation act, MCL 339.6101 to 339.6133. That a mechanical contractor is required to be licensed under article 8 of the skilled trades regulation act, MCL 339.5801 to 339.5819.
(b) If the contractor is required to be licensed to provide the contracted improvement, that the contractor is licensed and the contractor's license number.
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. 2006, Act 497, Eff. Jan. 3, 2007 ;-- Am. 2016, Act 415, Eff. Apr. 4, 2017
Notes of Decisions
Alan Custom Homes, Inc v. Krol (2003)
michctapp · cites it 7×
“1107 and MCL 570.1114 to support their argument that plaintiff’s claim of lien is restricted to the difference between the written-contract price and the amount defendants already paid plaintiff.”
Stokes v. Millen Roofing Co. (2002)
mich · cites it 6×
“[MCL 570.1114.] A "contractor" is defined in the statute as "a person who, pursuant to a contract with the owner or lessee of real property, provides an improvement to real property.”
Stokes v. Millen Roofing Co. (2001)
michctapp · cites it 4×
“In fact, the circumstance that compelled plaintiffs to seek an equitable remedy, defendant’s lien on plaintiffs’ property, was not a term of the parties’ agreement and did not arise until after the relationship between the parties had broken down.”
C D Barnes Associates Inc. v. Star Heaven, LLC (2013)
michctapp
“1111(1); MCL 570.1114. It is undisputed that there was no written contract between Barnes and Star Heaven delineating the scope of the improvement to which Barnes was contributing its labor and material.”
Edgewood Development Inc. v. Landskroener (2004)
michctapp
“*165 The trial court entertained arguments on the motion and granted defendants’ request to remove the construqtion lien on the ground that Edgewood failed to comply with MCL 570.1114 of the Construction Lien Act, MCL 570.”
EDGEWOOD DEV. INC. v. Landskroener (2004)
michctapp
“The trial court entertained arguments on the motion and granted defendants' request to remove the construction lien on the ground that Edgewood failed to comply with MCL 570.1114 of the Construction Lien Act, MCL 570.”
Mark Herman v. Gregory Asquith (2023)
michctapp · cites it 9×
“Judge Hoopes found that the parties’ contract failed to comply with the requirements in MCL 570.1114 that all amendments must be in writing and regarding the inclusion of language stating the trades for which a license was required.”
Eci Environmental Consultants and Engineers v. House of Providence (2023)
michctapp · cites it 8×
“It argued plaintiff failed to state a claim for which relief may be granted because the property involves a residential structure and plaintiff did not provide an improvement as required under the relevant statutory provisions, citing MCL 570.1114. Defendant also alleged there…”
Certainty Construction LLC v. Robert L Davis (2023)
michctapp · cites it 6×
“Following a hearing, the arbitrator issued a detailed opinion concluding that the contract substantially complied with MCL 570.1114 and thus denied Davis’s motion.”
— Mich. Comp. Laws § 570.1114(a) — 2 cases
Certainty Construction LLC v. Robert L Davis (2023)
michctapp
“Following a hearing, the arbitrator issued a detailed opinion concluding that the contract substantially complied with MCL 570.1114 and thus denied Davis’s motion.”
— Mich. Comp. Laws § 570.1114(b) — 1 case
Stokes v. Millen Roofing Co. (2001)
michctapp
“In fact, the circumstance that compelled plaintiffs to seek an equitable remedy, defendant’s lien on plaintiffs’ property, was not a term of the parties’ agreement and did not arise until after the relationship between the parties had broken down.”
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