Construction lien claims and foreclosures, payment bond claims, defective work and delay disputes, and contract disputes among owners, contractors, subcontractors, and suppliers.
Construction disputes in Michigan are shaped by the Construction Lien Act, MCL 570.1101 et seq., and by the contract documents for the project. The firm represents owners, general contractors, subcontractors, suppliers, and design professionals in those disputes, in the circuit courts and, where the contract requires it, in arbitration.
A lien claimant’s rights depend on following the Act’s sequence of notices and deadlines. Subcontractors and suppliers who do not contract directly with the owner generally must serve a notice of furnishing within 20 days after first furnishing labor or materials. A claim of lien must be recorded within 90 days after the claimant’s last furnishing, and an action to foreclose it must be filed within one year after recording. A missed step can reduce or eliminate the lien. Owners, for their part, rely on sworn statements and lien waivers to avoid paying twice for the same work. The firm handles lien claims and foreclosures on both sides.
Liens cannot be recorded against public property. On public projects, subcontractors and suppliers look instead to the payment bond the general contractor must furnish under MCL 129.201 et seq., which sets its own notice requirements and deadlines.
Many construction cases are contract cases: claims for unpaid balances and extras, back charges, defective or incomplete work, and delay. They often depend on how the contract allocated risk and on the record kept during the project, including change orders, daily logs, and correspondence.
Under MCL 339.2412, a residential builder who was not licensed for the work generally cannot sue to collect payment for it. Whether that bar applies is often one of the first questions in a residential dispute.
The firm handles new matters on a consultative basis. Call the office, or send us a message through our contact form.