Nineteen years after the Michigan Supreme Court ruled in Liss v Lewiston-Richards, Inc., 478 Mich 203; 732 NW2d 514 (2007), that residential builders were exempt from the Michigan Consumer Protection Act under MCL 445.904(1)(a) because the general transaction of
Latest from Michigan Construction Law Update
Michigan Legislature Repeals Right to Work and Reinstates Prevailing Wage
On March 24, 2023, Governor Whitmer signed into law bills repealing Michigan’s “right-to-work” law and reinstating the prevailing wage statute, the latter of which had been repealed in 2018. The prevailing wage statute will mandate higher wages and benefits on state-funded
Michigan Governor Reinstates Prevailing Wage Requirement for DTMB Projects
On October 7, 2021, Governor Gretchen Whitmer announced that she’s signed an executive directive instructing the Michigan Department of Technology Management and Budget (DTMB) to require contractors and subcontractors to pay prevailing wages for construction projects in Michigan. The prevailing
New Bill Would Require Builders to Present License When Recording Construction Lien
On April 20, 2021, Rep. Tommy Brann (R. Wyoming) introduced a new bill, which would require lien claimants to present their contractor’s license and drivers license, or attach a copy of them, when recording a construction lien under the Michigan
How to Discharge an Old Construction Lien in Michigan
In Michigan, a construction lien must be recorded within 90 days after the
lien claimant last furnished labor or materials to a project. And a court action to enforce a
construction lien must be started within one year of recording.
lien claimant last furnished labor or materials to a project. And a court action to enforce a
construction lien must be started within one year of recording.
How to Bond Off a Construction Lien in Michigan
The process for bonding off a construction lien in Michigan generally involves posting a surety bond for twice the lien amount with the county clerk where the property is located. Cash bonds are permitted, but not common. Once a bond
Michigan Legislature Renews Effort to Abolish Prevailing Wage
On January 18, 2017, Senators Peter MacGregor, Dave Hildenbrand, and Arlan Meekhof, introduced S.B. 0003, which would repeal Michigan’s Prevailing Wage statute (PA 166 of 1965; MCL 408.551, et seq) in its entirety.
The proposed legislation also
New Skilled Trades Regulation Act Impacts Section 114 of Michigan Construction Lien Act
During the recent lame duck
session in December, the Michigan Legislature passed a series of bills
aimed at consolidating the licensing and regulation of skilled trades,
including residential builders, electricians, plumbing and mechanical
contractors. All of these trades are now
session in December, the Michigan Legislature passed a series of bills
aimed at consolidating the licensing and regulation of skilled trades,
including residential builders, electricians, plumbing and mechanical
contractors. All of these trades are now
FAR Amendments Designed to Speed Up Payment to Subcontractors
On November 25, 2013, the DOD, GSA, and NASA issued a final rule amending the Federal Acquisition Regulations (FAR) to incorporate a new clause to provide accelerated payments to small business subcontractors.
The new clause [FAR 52.232-40] requires prime contractors,
Sixth Circuit Upholds Michigan Law Limiting Project Labor Agreements
On September 6, 2013, the Sixth Circuit Court of Appeals voted
2-1 to uphold the “Michigan Fair and Open Competition in Government Construction Act” (PA 98 of 2011).
The act prohibits a city, village, township or other governmental unit