Bolhouse, Hofstee & McLean provides a comprehensive range of legal services to those involved in the construction industry including owners; general, sub and specialty contractors; construction managers; developers; designers; architects; bonding companies and suppliers. We are well versed in the business aspects of the construction industry and utilizing our team approach, are able to draw on the experience of our business and finance attorneys to handle construction matters ranging from initial financing through post-construction claims litigation.
Comprehensive construction law services include:
If your last labor and materials was more than 90 days ago, yes, you can no longer collect under the Michigan's Construction Lien Act. However, just because you have lost your construction lien does not mean you cannot collect. You will still be able to collect pursuant to your contract, but you will have lost the advantages and protections provided to you by the Construction Lien Act.
Your rights to a Construction Lien Act may, or may not, have been compromised by your failure to timely file a Notice of Furnishing. However, it is unlikely that you will be able to determine at this point whether your rights have been compromised. It is, therefore, my general advice that parties in your situation immediately complete the Notice of Furnishing and the Construction Lien.