« State-specific resources Michigan

Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Michigan

MI Michigan

Questions? Contact us
Michigan

This is an overview of the state’s statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.

While we are happy to provide this guide as a quick reference, we highly encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.

Michigan Quick Overview

Pursuant codeMich. Comp. Laws Ann. § 570.1101 et seq.
Prelien required for private / commercial projectsYes
Prelien required for public projectsYes
MI statutory reliefUnpaid balance
Lien milestone eventLast furnishing/last invoice
Lien enforcement deadline6 months to 1 year
Waivable lien rightsNo
Supplier to supplier rightsLikely no
Prelien document name(s)Notice of Furnishing
Prelien minimum informationThe Notice of Furnishing should identify the labor or materials provided, the party to whom the claimant is contracted, and project details.
Prelien minimum notificationsOwner, prime contractor
Prelien recording requirementNo
Prelien notarizedNo

Understanding the Prelien Process on Construction Projects in Michigan by Role

Michigan requires subcontractors and suppliers to serve a Notice of Furnishing within 20 days of first furnishing. A Prime Contractor does not have to send notice. Claimants must also be prepared to deliver a sworn statement listing unpaid subcontractors and suppliers.

Prime/ Original / General Contractors (GCs): Private/Commercial: Prime contractors generally are not required to send a Notice of Furnishing when directly contracted with the owner.

Subcontractors/Trade Partners (Subs): Private/Commercial: Subcontractors should serve Notice of Furnishing within 20 days of first furnishing labor or materials.

Second-tier Subcontractors: Private/Commercial: Second-tier subs should meet the same 20-day notice timeline and preserve downstream lien rights.

Lower-tier Subcontractors: Private/Commercial: Lower-tier parties should verify notice recipients and timing based on contractual chain and owner designee information.

Material Suppliers: Private/Commercial: Suppliers should serve Notice of Furnishing within statutory deadlines to retain potential lien rights.

Equipment Lessors: Private/Commercial: Equipment lessors should confirm qualification under the Act and serve timely notices where applicable.

Second-tier Material Suppliers: Private/Commercial: Second-tier suppliers should send timely notice and track sworn statement/lien deadlines strictly.

Possible Exceptions, Special Circumstances, and Caveats in Michigan

Architect/Design professionals: Design professionals (architects, engineers, surveyors) have separate notice and lien filing rules under MCL § 570.1107a and 1107b.

Surveying: Design professionals (including surveyors) follow separate recording procedures under MCL § 570.1107a and 1107b.

General labor: Laborers have 30 days or alternate timelines for fringe benefits and wages as outlined in the statute.

Mechanic's Liens in Michigan

In Michigan, mechanics liens are governed by the Construction Lien Act (M.C.L.A. 570.1101 et seq.). Prime contractors are not required to serve a Notice of Furnishing if directly contracted with the property owner, but subcontractors, material suppliers, and others must serve a Notice of Furnishing within 20 days after first providing labor or materials. A sworn statement listing subcontractors and suppliers must also be provided upon demand or payment request. A Claim of Lien must be filed within 90 days after last furnishing labor or material, served on the owner's designee within 15 days after recording, and an action to enforce must be filed within 1 year, along with a recorded lis pendens.

Bond Claims in Michigan

On public projects in Michigan, claimants seeking payment under a bond must comply with statutory requirements similar to lien rights, including providing a timely Notice of Furnishing. Generally, claimants must serve a Notice of Furnishing within 30 days of first furnishing labor or material, and may need to initiate suit within a relatively short period (often within 1 year of last furnishing or completion). Specific procedural requirements vary based on the type of bond and project.

Construction Lien Waivers in Michigan

Required format: Michigan is one of a dozen states where all waivers must substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.

Required notarization: Michigan does not require waivers to be notarized.

Waivers are permitted in Michigan. A lien may be vacated by filing a lien discharge bond with the County Clerk and providing a copy to the claimant. Design professionals may have separate waiver requirements.

Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.

Assessors’ websites in Michigan counties

Most often, the county Assessor’s office is the go-to resource for online lien-related information for construction project parcels—ownership records, special warranty deeds, and more. Counties that we’ve not yet found online (those with “*”) link to a Google search for your convenience.

Other important construction links in Michigan

Check out this ‘X’ list for Michigan created by Prelien Pro!

Frequently asked questions (FAQs) on Michigan lien processes for contractors

Does a prime contractor in Michigan need to serve a Notice of Furnishing?

No, if the prime contractor has a direct contract with the property owner, it is not required to serve a Notice of Furnishing. However, it must provide a sworn statement listing subcontractors and suppliers upon demand.

How soon must a subcontractor or supplier serve a Notice of Furnishing in Michigan?

A Notice of Furnishing must be served within 20 days after first furnishing labor or materials to the project.

What is the deadline to file a mechanics lien in Michigan?

A Claim of Lien must be filed within 90 days of the last date of furnishing labor or materials to the project.

How long does a contractor have to enforce a lien after filing in Michigan?

An action to enforce a lien must be commenced within 1 year after recording the Claim of Lien, and a Notice of Lis Pendens must be filed.

Is bond claim protection available for subcontractors and suppliers on Michigan public projects?

Yes, subcontractors and suppliers can make bond claims on public projects, usually requiring a Notice of Furnishing within 30 days of first furnishing labor or materials, and must comply with deadlines for initiating a lawsuit if not paid.

We set the standard for the construction industry

Craftsmanship

Not only do we provide the tools, knowledge, and team to help you feel confident your rights are secured—we’re prepared for the trenches and ready to coordinate with your legal team when things “go sideways” on a project.