Use of the Fund by Members: Suppliers, Subcontractors and Laborers
As subcontractors, suppliers or laborers, it is imperative to always work with a licensed contractor in order to collect from the Fund. You should check the wall license posted at the place of business, or the pocket card that licensed contractors are required to carry. Working with an unlicensed contractor could prove to be very risky and costly if he or she does not pay the bills.
In order to file a claim against the Fund you must be a current member prior to the date of the contract for which you are making a claim. If you are a subcontractor or supplier and are not already a member of the Fund, you may obtain a membership application from the Michigan Department of Labor & Economic Growth, Construction Lien Program. Supplier members are required to register each retail location by paying an initial membership fee of $50.00 and a membership renewal fee of $30 on June 1st every 3 years thereafter. Non-Licensed subcontractors are required to pay an initial fee of $50.00 prior to the date of the contract and a membership renewal fee of $30 on June 1st every 3 years thereafter.
All licensed contractors are required to pay an initial fee of $10.00 upon application for the license and a $10 per year membership renewal fee at the time of license renewal. You are required to maintain a separate Fund membership for each license that you are issued. Laborers are not required to be members of the Fund before making claims, however, a fee of $15 will be withheld from the first time money awarded to laborers from the Fund and a membership renewal fee of $30 on June 1st every 3 years thereafter.
To protect your rights under the law, be sure that all necessary records have been kept and that you have filled out the necessary forms in a timely manner and provided them to the proper parties. Once you have become familiar with the process and the forms used, the procedures will not seem so complicated.
We hope that the information provided here will help to simplify the process for you. If you have any questions, you may wish to contact your professional organization, your business agent or an attorney. The information given on this site is a guide to the requirements of the law, but it is not a substitute for legal advice.
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Document
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Sub/Supplier
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Laborer
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| Notice of Furnishing |
20 days from first providing goods or services |
within 30 days after wages are due |
| Sworn Statement |
upon request of payment |
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| Waiver of Lien |
when payment is received |
| Claim of Lien |
within 90 days after the last day goods and services were provided |
within 90 days after the last day on the job |
| Proof of Service |
documents must be served within 15 days of filing |
documents must be served within 15 days of filing |
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You may refer to the Guide to the Michigan Homeowner Construction Lien Recovery Fund for examples of the forms to assist you in completing forms or in understanding the steps to the Construction Lien process. Construction Lien forms illustrated on this website may be downloaded to fill in and print from this website using the Adobe Acrobat Reader program. The forms may also be purchased from local office supply stores, builder association offices, form publishing companies, title insurance companies, bookstores or from an attorney. Or, you may type your own forms using formats similar to the examples. Blank paper forms will be not be supplied by our office, but are available for download from this site.
Lien claimants wishing to enforce a claim of lien must file a lawsuit in circuit court within one year to foreclose on the lien. The foreclosure action will first determine whether the lien is valid. The court will make the determination as to who should make payment. Member suppliers and subcontractors looking to enforce a claim of lien should name the Homeowner Construction Lien Recovery Fund as a defendant party in the law suit if they wish to attempt to collect from the Fund.
Service of Process (summons and complaint) on the Fund must be served upon via certified mail or direct personal service to:
Michigan Homeowner Construction Lien Recovery Fund
Department of Labor & Economic Growth
P.O. Box 30018
Lansing, MI 48909
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