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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Michigan's mechanic's lien laws to help you protect your right to payment.
Not required
Notice of Furnishing within 20 days after the first day of work
Notice of Furnishing within 30 days after wages are due and unpaid, or by the 5th day of the 2nd month following unpaid fringe benefits or withholdings
Not required
Not required
Not required
Within 90 days after last furnishing of labor or materials
Within 90 days after last furnishing of labor or materials
Within 90 days after last day of labor performed
Within 1 year after the lien filing date
Within 1 year after the lien filing date
Within 1 year after the lien filing date
Unpaid contract balance
Unpaid value of labor, materials, or equipment furnished
Unpaid wages, plus eligible fringe benefits
Michigan mechanic's liens are governed by the Michigan Construction Lien Act, which has been in effect since 1982, and apply only to private construction projects. (Public projects cannot be liened in Michigan. If you're unpaid on a public contract exceeding $50,000, the original contractor must furnish performance and payment bonds instead of lien rights.)
Michigan's lien system is heavily notice-driven. Subcontractors, suppliers, and laborers must generally send a Notice of Furnishing early in the project to preserve full lien rights, while owners and contractors rely on Sworn Statements to track payments and avoid double payment exposure.
It's important to review how each element applies to your specific situation, so let's dive in.
In Michigan, mechanic's lien rights extend to:
- General (original) contractors
- Subcontractors at any tier
- Material suppliers and equipment lessors
- Laborers providing on-site work
- Design professionals, including architects, engineers, and surveyors
To be eligible for a mechanic's lien in Michigan, your labor, services, or materials must constitute an improvement to real property. Here are some examples of work that fall into that category, along with some that don’t.
Lienable Work in Michigan
- Construction, alteration, repair, or demolition of structures
- Excavation, grading, clearing, filling, and landscaping
- Materials incorporated into the improvement of the property
- Equipment rented or leased for use on the project
- Design, engineering, surveying, and construction administration services
Non-Lienable Work in Michigan
- Work on public property
- Supplies delivered but not used for improvement
- Work unrelated to improving the property
Before filing a lien in Michigan, make sure you’ve met the Notice of Furnishing requirements that apply to subcontractors, suppliers, and laborers (see table above).
Deadline to File
All lien claimants—GCs, subcontractors, and suppliers included—must submit a Claim of Lien within 90 days after furnishing the last day of work or material delivery (MCL § 570.1111).
Filing Requirements
- Filing location: File the Claim of Lien in the county register of deeds’ office where the property is located.
- Form requirements: The Claim of Lien must substantially comply with the statutory requirements under MCL § 570.1111 and include:
- Date
- County name
- Claimant’s name, address, and signature
- Legal description of real property from the Notice of Commencement
- Owner’s name
- Last day of work/materials delivery
- Proof of service and a copy of the Notice of Furnishing
- GCs, subs, suppliers: Claimant’s contract amount, payments granted, and payments remaining
- Laborers only: Claimant’s hourly rate, including fringe benefits, withholdings, and amount due
- Verification: Michigan’s Claim of Lien must be sworn to and notarized.
- Filing fee: Recording fee varies by county.
Service Requirements
A copy of the recorded lien must be served by personal service or certified mail—with return receipt requested—on the owner or designee within 15 days after recording.
Optional Post-Filing Requirement
After a Claim of Lien is recorded—but before moving into court—Michigan law allows both lien claimants and owners to formally exchange key project information.
A lien claimant may demand inspection and copies of the prime contract and a written statement of the amount due and unpaid. The owner or lessee must respond within 10 days or may be liable for actual damages caused by the failure.
An owner, lessee, designee, or contractor may likewise demand a statement from the lien claimant describing the labor and materials furnished to date, the amount currently due, and the contract balance remaining. The lien claimant must respond within 10 days or may also be liable for actual damages (MCL § 570.1113).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Michigan.
Enforcement Requirements
- Enforcement deadline: File a foreclosure action within one year after the lien’s recording date.
- Additional filing: A lis pendens must be recorded at the same time the foreclosure action is filed.
- Filing location: File both the foreclosure action and the lis pendens with the circuit court in the county where the property is located.
- Lien priority: Construction liens generally share equal priority among lien claimants, subject to properly recorded mortgages and Michigan’s sworn-statement payment protections.
Lien Release Requirements
Once paid, the lien claimant must record a certificate of discharge with the Register of Deeds, releasing the lien from the property (MCL § 570.1127).
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- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
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- Document creation: Generate state-specific lien notices instantly using existing project data
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Yes. Michigan projects rely on a Notice of Commencement, which plays a central role in notice and lien rights.
- Commercial projects: The owner must record a Notice of Commencement with the county Register of Deeds before work begins.
- Residential projects: The owner must provide a Notice of Commencement to any contractor, subcontractor, supplier, or laborer who makes a written request.
The Notice of Commencement includes key project details such as the owner’s information, the GC, the legal property description, and statutory warning language. Claimants are entitled to request a copy, which must be provided within 10 days.
Failure to properly provide or pass along a Notice of Commencement can expose owners, contractors, or subcontractors to liability for damages.
Michigan’s lien statutes do not impose a general licensing requirement on all lien claimants. However, contractors performing residential work must be properly licensed, and the prime contract must disclose the contractor’s license and license number (MCL § 570.1114).
If a contractor required to be licensed on a residential project files a lien without holding the proper license, the lien may be discharged, and the contractor can be liable for damages and attorneys’ fees (MCL § 570.1114a).
Yes. Michigan allows all parties, including subcontractors, lower-tier subcontractors, suppliers, and design professionals, to claim a mechanic’s lien for their work.
No. Michigan’s lien deadlines are fixed by statute and cannot be shortened by owner filings or contract terms.
No. Michigan does not require a Notice of Intent to Lien before recording a mechanic’s lien.
Some parties do.
Subcontractors, suppliers, and laborers generally must send a Notice of Furnishing to preserve full lien rights. The notice must be delivered personally or by certified mail to the owner and GC at the addresses listed on the Notice of Commencement, within the following timeframes:
- Subcontractors and suppliers: Within 20 days after first furnishing labor, services, or materials
- Laborers (wages): Within 30 days after wages were due but unpaid
- Laborers (fringe benefits or withholdings): By the 5th day of the 2nd month following the month payment was due but unpaid
The Notice of Furnishing must substantially follow the statutory form provided under MCL § 570.1109.
Additionally, Michigan relies heavily on Sworn Statements to manage payment risk:
- GCs must provide a Sworn Statement when requesting payment from the owner.
- Subcontractors must provide a Sworn Statement when requested by the owner.
For residential projects, the owner or designee must notify each subcontractor, supplier, or laborer who has provided a Notice of Furnishing—or who is named in the Sworn Statement—and must provide a copy of the Sworn Statement within 10 business days of a written request.
Yes. Michigan has statutory lien waiver forms, and lien waivers are generally only enforceable if they follow the required format and you actually receive payment. Brush up on all of Michigan’s lien waiver requirements here.
Michigan is an unpaid-balance lien state. In general, lien claims are limited to the amount that remains unpaid under the prime contract, after proper payments are credited.
Michigan law also allows subcontractors and suppliers on certain residential projects to include interest, but only within strict statutory limits and timeframes.
GCs on residential projects must have a written contract with the owner that includes required statutory disclosures to preserve lien rights.
This requirement doesn’t apply to other projects (or other roles), but written contracts are widely considered the best practice as they hold up better in court.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.