Construction Lien

Legal Questions

Can someone place a construction lien on your property, and if so, how can it be removed?

Question:
We own a home in New Buffalo, Michigan. Can someone place a construction lien on your property, if so how can it be removed? Where does someone go for help?

Answer:
Yes, Michigan law allows a contractor to place a construction lien on your property if the contractor generally has performed work on the property within ninety days of filing the lien and is not paid. The lien can be removed by payment, filing suit to get it removed, or it is automatically of no effect one year after being filed if the contractor has not filed suit to foreclose the lien. Further, the contractor must have a written contract with you and be licensed to perform the work. You should use an internet search engine to find the Michigan Construction Lien Act so you can review it. Study it carefully. Also you may lodge a complaint with the Michigan Department of Consumer and Industry Services, Licensing Division. I would also recommend getting a real estate litigation lawyer to assist you.


Attorney: Mark Miller

Miller Johnson Schroeder, PLC
728 Pleasant Street #101
St. Joseph, Michigan, 49085
(269) 983-1000

Our Michigan office is centrally located in Berrien County, enabling our lawyers to serve clients throughout "Southwest Michigan", including St. Joseph, Stevensville, Benton Harbor, Bridgman, Baroda, and the surrounding areas.

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