Alicia Kellog

The Michigan Construction Lien Act has been amended to allow design professionals to record a lien for design services performed prior to the first physical improvement to the property. To do so, the design professional must record a “Notice of Contract” with the register of deeds no later than 90 days after the design professional last performed professional services (MCL 570.1107a and MCL 570.1107b).  

The Notice of Contract must contain the following:

(1)    A statement which indicates the design professional is performing design services for the improvement of the property;

(2)    A description of the services provided; and

(3)    A legal description of the property to be improved.

The notice under this section is valid for 1 year after the date is recorded and the design services performed must have been authorized in writing by the owner.

 This Notice of Contract also applies to subcontractor design professionals:

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