Michigan Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Michigan liens are filed and enforced
A Michigan mechanics lien is filed with the County Register of Deeds in the county where the project sits — 90 days from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Michigan claimants lose rights far more often by missing the second one than the first.
Michigan deadlines by claimant role
For subcontractors and suppliers: Preliminary notice — 20 days from first furnishing (MCL § 570.1108); Record the lien — 90 days from last furnishing (MCL § 570.1111); file suit — 1 years from lien recorded (MCL § 570.1117); bond notice — 30 days from first furnishing (MCL 129.207); bond notice — 90 days from last furnishing (MCL 129.207); file suit — 1 years from final payment to prime (MCL 129.209). For general contractors: Record the lien — 90 days from last furnishing (MCL § 570.1111). For design professionals: Record the lien — 90 days from last furnishing (MCL § 570.1103). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Michigan
REQUIRED: Serve 'Notice of Furnishing' on owner and GC within 20 days of first furnishing. Late service only covers work done after notice is served. File claim of lien within 90 days of last furnishing of labor or materials. File claim of lien within 90 days. Must have served Notice of Furnishing first. File suit to enforce lien within 1 year of recording. Lien expires after 1 year without enforcement. FIRST OF TWO NOTICES, and the one that kills Michigan claims. A claimant WITHOUT a direct contractual relationship with the principal contractor has no right of action on the bond unless it has, WITHIN 30 DAYS AFTER FURNISHING THE FIRST of such material or performing the FIRST of such labor, SERVED ON THE PRINCIPAL CONTRACTOR a written notice. It falls while the job is running and no invoice is past due, so it cannot live in a collections process - it belongs in job setup alongside the certificate of insurance. Serving it late is functionally the same as not serving it. The surety is NOT a recipient. SECOND OF TWO NOTICES. Written notice of the claim to THE PRINCIPAL CONTRACTOR AND THE GOVERNMENTAL UNIT INVOLVED within 90 days from the date on which the claimant performed the last of the labor or furnished or supplied the last of the material. The GOVERNMENTAL UNIT is a required recipient - templates imported from neighboring states address the prime alone and the omission only surfaces when the claim is contested. Bonds required before award of a contract exceeding $50,000 (129.201); payment bond not less than 25% of the contract amount (129.203). No mechanic's lien on public property in Michigan. No action shall be commenced after the expiration of 1 YEAR FROM THE DATE ON WHICH FINAL PAYMENT WAS MADE TO THE PRINCIPAL CONTRACTOR - a transaction between the governmental unit and the prime, recorded in their books and NOT in the claimant's, so this deadline CANNOT be computed from the claimant's own last day and must be confirmed in writing with the public entity. It can fail in both directions: a long closeout pushes final payment well past the claimant's assumed date, and a fast closeout can consume most of the year before the claimant looks. VENUE is mandatory: the action shall be brought ONLY in the appropriate court in the political subdivision in which the contract was to be performed. Second-tier claimants only. No notice = no bond claim.
How Michigan notices must be served
Michigan requires 20 days — Notice of Furnishing. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested; Certified Mail, postage prepaid, addressed to the principal contractor at any place at which it maintains a business or residence; Certified Mail, postage prepaid, addressed to the principal contractor and the governmental unit at any place at which those parties maintain a business or residence. Service runs to the Owner and GC. Keep the proof of service in the project file — Michigan disputes over whether a notice was properly served are decided on that documentation.
Public projects in Michigan
No lien attaches to public property in Michigan. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 30 days of first furnishing, served on the Principal Contractor (MCL 129.207). 5 public-project deadlines are tracked for Michigan.
Michigan statute citations
The Michigan deadlines above come from MCL § 570.1108, MCL § 570.1111, MCL § 570.1117, MCL 129.207, MCL 129.209, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), MCL § 570.1118, MCL § 570.1115, MCL § 570.1103, MCL § 570.151 et seq.. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Michigan construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Michigan?
90 days — From last date of furnishing. The filing goes to the County Register of Deeds in the project's county. See MCL § 570.1111. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Michigan?
With the County Register of Deeds in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Michigan require a preliminary notice?
Yes — 20 days. Notice of Furnishing. Accepted service includes Certified Mail, Return Receipt Requested.
How long do you have to enforce a Michigan mechanics lien?
1 year — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Michigan?
Retainage released within 30 days of substantial completion. 10% maximum retainage on private projects. (MCL § 570.1115).