Learn how the recent MDH Construction v Asquith ruling affirms that residential construction, builders who fail to document changes to a contract in writing forfeit their lien rights.
Construction Liens
Proposed Amendment To The Michigan Construction Lien Act
A Conundrum for Residential Builders House Bill No. 4668 (2021), introduced on April 20, 2021, would amend Section 114 of the Michigan Construction Lien Act to impose new requirements on residential builders and Registers of Deeds when it comes to recording a...
Don’t Lose Your Lien Rights When You Return To Do Warranty Work
The Kent County Circuit Court recently held that a contractor that returned to a project to perform repairs lost its lien rights because warranty work does not extend the 90-day timeframe in which a contractor must record its lien. The case provided yet another...
Consequential Damages Reign Supreme, But Cannot be Included in a Construction Lien
In the recent case of TSP Services v National-Standard, LLC (Court of Appeals, Sept. 2019), the Michigan appellate court affirmed an arbitrator’s award of consequential damages to a contractor for lost profits, but rejected the arbitrator’s ruling that such damages...
More Ways to Win: Court of Appeals Decision Improves Contractors’ Chances to Recover Attorney Fees
By Suzanne Sutherland The Court of Appeals recently has issued a contractor-favorable decision regarding recovery of attorney fees under the Michigan Construction Lien Act. Ronnisch Construction Grp, Inc. v. Lofts on the Nine, L.L.C. (July 2014). The Court of Appeals...