Michigan mechanics lien deadlines: notice, lien and suit (2026)
By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer
Claim of lien, for contractors, subcontractors, sub-subcontractors, suppliers and laborers: 90 days after the lien claimant last furnished labor or material for the improvement, pursuant to the lien claimant's contract (Mich. Comp. Laws § 570.1111(1)). Proceedings to enforce the lien: 1 year after the claim of lien is recorded (§ 570.1117(1)).
Michigan · Lien deadlinesVerified 2026-10-02
Lien filing
90 days after the lien claimant last furnished labor or material for the improvement, pursuant to the lien claimant's contract
Preliminary notice
Subcontractor, Sub-subcontractor, Supplier: 20 days after first furnishing; For a laborer, as to wages: Laborer: Within 30 days after wages were contractually due but were not paid; For a laborer, as to fringe benefits or withholdings from wages: Laborer: By the fifth day of the second month following the month in which fringe benefits or withholdings from wages were contractually due but were not paid; Direct contractor: None required
What the statute says about it. A late notice does not defeat the lien for work performed or materials furnished after it is served. For earlier work it defeats the lien only to the extent the owner or lessee paid the contractor under a contractor's sworn statement or a waiver of lien for that work. Recipients: The designee and the general contractor, if any, named in the notice of commencement, at the address shown in it; The owner or lessee named in the notice of commencement, if no designee is named or the designee has died. Delivery: Personally or by certified mail. Service by certified mail is complete on mailing.
Laborer
Any
For a laborer, as to wages
Within 30 days after wages were contractually due but were not paid
What the statute says about it. Failing to provide the notice to the designee defeats the laborer's lien for those wages. Failing to provide it to the general contractor does not defeat the lien, but the laborer is liable for the general contractor's actual damages from the failure. Recipients: The designee and the general contractor, if any, named in the notice of commencement, at the address shown in it; The owner or lessee named in the notice of commencement, if no designee is named or the designee has died. Delivery: Personally or by mail. Service by mail is complete on mailing by first class mail with postage prepaid.
Laborer
Any
For a laborer, as to fringe benefits or withholdings from wages
By the fifth day of the second month following the month in which fringe benefits or withholdings from wages were contractually due but were not paid
What the statute says about it. Failing to provide the notice to the designee defeats the laborer's lien for those fringe benefits and withholdings. Failing to provide it to the general contractor does not defeat the lien, but the laborer is liable for the general contractor's actual damages from the failure. Recipients: The designee and the general contractor, if any, named in the notice of commencement, at the address shown in it; The owner or lessee named in the notice of commencement, if no designee is named or the designee has died. Delivery: Personally or by certified mail. Service by certified mail is complete on mailing.
(1) Except as otherwise provided in sections 108 and 108a, a subcontractor or supplier that contracts to provide an improvement to real property shall provide a notice of furnishing to the designee and the general contractor, if any, as named in the notice of commencement at the address shown in the notice of commencement, either personally or by certified mail, within 20 days after furnishing the first labor or material.
If a designee has not been named in the notice of commencement, or if the designee has died, service must be made on the owner or lessee named in the notice of commencement.
(5) The failure of a lien claimant to provide a notice of furnishing within the time specified in this section does not defeat the lien claimant's right to a construction lien for work performed or materials furnished by the lien claimant after the service of the notice of furnishing.
(6) The failure of a lien claimant to provide a notice of furnishing within the time specified in this section does not defeat the lien claimant's right to a construction lien for work performed or materials furnished by the lien claimant before the service of the notice of furnishing except to the extent that payments were made by or on behalf of the owner or lessee to the contractor pursuant to either a contractor's sworn statement or a waiver of lien in accordance with this act for work performed or material delivered by the lien claimant.
(2) Except as otherwise provided in sections 108 and 108a, a laborer who contracts to provide an improvement to real property shall provide a notice of furnishing to the designee and the general contractor, if any, as named in the notice of commencement at the address shown in the notice of commencement, either personally or by mail, within 30 days after wages were contractually due but were not paid.
(7) The failure of a laborer to provide a notice of furnishing to the designee as required by subsection (2) defeats the laborer's lien for the wages for which the notice of furnishing is required.
(9) The failure of a laborer to provide a notice of furnishing to the general contractor within the time specified in subsection (2) or (3) does not defeat the laborer's right to a construction lien, but the laborer is liable for any actual damages sustained by the general contractor as a result of the failure.
(3) Except as otherwise provided in sections 108 and 108a, a laborer who provides an improvement to real property shall provide a notice of furnishing to the designee and the general contractor, if any, named in the notice of commencement at the address shown in the notice of commencement, either personally or by certified mail, by the fifth day of the second month following the month in which fringe benefits or withholdings from wages were contractually due but were not paid.
(8) The failure of a laborer to provide a notice of furnishing to the designee as required by subsection (3) defeats the laborer's lien for the fringe benefits and withholdings for which the notice of furnishing is required.
A contractor is not required to provide a notice of furnishing to preserve lien rights arising from his or her contract directly with an owner or lessee.
What the statute says about it. If no claim of lien is recorded within that time, the right to a construction lien ceases to exist.
(1) Notwithstanding section 109, the right of a contractor, subcontractor, laborer, or supplier to a construction lien created by this act shall cease to exist unless, within 90 days after the lien claimant's last furnishing of labor or material for the improvement, pursuant to the lien claimant's contract, a claim of lien is recorded in the office of the register of deeds for each county where the real property to which the improvement was made is located.
What the statute says about it.Recipients: The designee, at the address shown on the notice of commencement; The owner or lessee named in the notice of commencement, if no designee is named or the designee has died. Delivery: Personally or by certified mail, return receipt requested, with a copy of any proof of service recorded with the claim of lien. Service by certified mail is complete upon mailing.
(5) Each contractor, subcontractor, supplier, laborer, or agent of a group of laborers authorized under subsection (6) recording a claim of lien, within 15 days after the date of the recording, shall serve on the designee personally or by certified mail, return receipt requested, at the address shown on the notice of commencement, a copy of the claim of lien and a copy of any proof of service recorded in connection with the claim of lien.
If a designee has not been named in the notice of commencement, or if the designee has died, service shall be made upon the owner or lessee named in the notice of commencement.
(1) Proceedings for the enforcement of a construction lien and the foreclosure of any interests subject to the construction lien shall not be brought later than 1 year after the date the claim of lien was recorded.
Before improvements begin, the owner or lessee contracting for them records a notice of commencement with the register of deeds. If it is not recorded, a subcontractor or supplier has until 20 days after it is recorded to provide a notice of furnishing, and if it is not provided on written request, until 20 days after it is actually furnished. A laborer has until 30 days after it is recorded, or the time section 109 allows, whichever is later.
(1) Before the commencement of any improvements to real property, the owner or lessee contracting for the improvements shall record in the office of the register of deeds for each county in which the real property to be improved is located a notice of commencement, in the form set forth in this section.
(10) Failure of an owner, lessee, or designee to record a notice of commencement as required by this section extends the time within which a subcontractor or supplier may provide a notice of furnishing, as described in section 109, until 20 days after the notice of commencement has been recorded.
(11) Failure of an owner, lessee, or designee to provide, on written request, a notice of commencement as required by this section extends the time within which a subcontractor or supplier may provide a notice of furnishing, as described in section 109, until 20 days after the notice of commencement actually has been furnished to the subcontractor or supplier.
(12) Failure of an owner, lessee, or designee to record a notice of commencement as required by this section extends the time within which a laborer may provide a notice of furnishing, as described in section 109, until 30 days after the notice of commencement has been recorded, or until the time in which to provide the notice of furnishing in accordance with section 109 expires, whichever is later.
A contractor has no right to a construction lien on the interest of an owner or lessee in a residential structure unless it provided the improvement under a written contract with the owner or lessee, with any amendments or additions also in writing.
A contractor does not have a right to a construction lien on the interest of an owner or lessee in a residential structure unless the contractor has provided an improvement to the residential structure under a written contract between the owner or lessee and the contractor and any amendments or additions to the contract are also in writing.
For an improvement to a residential structure, the owner or lessee prepares and provides a notice of commencement to a contractor, subcontractor, supplier or laborer that has made a written request for it.
(1) An owner or lessee who contracts for an improvement to a residential structure shall prepare and provide a notice of commencement to a contractor, subcontractor, supplier, or laborer who has made a written request for the notice as provided in this section.
A last day that falls on a Saturday, a Sunday or a legal holiday moves to the next day that is not one.
If the last day of any period or a fixed or final day is a Saturday, Sunday or legal holiday, the period or day is extended to include the next day which is not a Saturday, Sunday or legal holiday.
In Mich. Comp. Laws §§ 570.1107 to 570.1117, the rules for the claim of lien, its service and enforcement each name all five roles: direct contractors, subcontractors, sub-subcontractors, suppliers and laborers, on any project type [2][3].
The notice of furnishing splits them. Its default rule names subcontractors, sub-subcontractors and suppliers [1]. Laborers fall under two other rules, one for wages and one for fringe benefits or withholdings from wages [1]. A contractor is listed with None required for a notice of furnishing tied to its contract directly with an owner or lessee [1].
How the periods run
The notice of furnishing. The default rule opens "Except as otherwise provided in sections 108 and 108a" and reads 20 days after first furnishing[1]. A late notice does not defeat the lien for work performed or materials furnished after it is served; for earlier work it does so only to the extent the owner or lessee paid the contractor under a contractor's sworn statement or a waiver of lien for that work [1].
For a laborer, as to wages, the rule reads Within 30 days after wages were contractually due but were not paid[1]. For a laborer, as to fringe benefits or withholdings from wages, it reads By the fifth day of the second month following the month in which fringe benefits or withholdings from wages were contractually due but were not paid[1]. The calculator counts no date for either, because that due date is not one of its inputs. Missing the notice to the designee defeats the laborer's lien for the amounts it covers; missing it to the general contractor does not defeat the lien but makes the laborer liable for the general contractor's actual damages [1].
The claim of lien. The claim of lien is recorded within 90 days after the lien claimant last furnished labor or material for the improvement, pursuant to the lien claimant's contract[2]. If no claim of lien is recorded within that time, the statute says the right to a construction lien shall "cease to exist" [2].
Service and enforcement. A copy of the claim of lien is served within 15 days after the claim of lien is recorded[2]. Proceedings to enforce the lien may not be brought later than 1 year after the claim of lien is recorded[3].
Notice of commencement
Before improvements begin, the owner or lessee contracting for them records a notice of commencement with the register of deeds [6]. If it is not recorded, a subcontractor or supplier has until 20 days after it is recorded to provide a notice of furnishing; if it is not provided on written request, until 20 days after it is actually furnished [6]. A laborer has until 30 days after it is recorded, or the time section 109 allows, whichever is later [6].
How residential work is treated
Section 570.1114 ties a contractor's construction lien on the interest of an owner or lessee in a "residential structure" to a written contract between the owner or lessee and the contractor, with any amendments or additions also in writing [4]. Under § 570.1108a(1), the owner or lessee contracting for such work prepares and provides a notice of commencement to a contractor, subcontractor, supplier or laborer that has made a written request for it [5].
Counting the days
Mich. Comp. Laws § 8.6 leaves out the first day of a period and includes the last [7]. When the last day of a period falls on a Saturday, Sunday or legal holiday, the period is extended to the next day that is none of those, at every stage on this page [7].
What changed recently
Sections 570.1108, 570.1108a and 570.1109 were amended by 2018 PA 367, given immediate effect December 12, 2018 [6][5][1]. Section 570.1111 was amended by 1982 PA 17 [2], section 570.1117 by 1981 PA 191 [3] and section 570.1114 by 2016 PA 415 [4].
