Bill Text: MI HB5295 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Liens; construction; licensed contractor; require to provide certain documents when recording claim of lien. Amends sec. 114 of 1980 PA 497 (MCL 570.1114).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-12-05 - Bill Electronically Reproduced 11/30/2017 [HB5295 Detail]
Download: Michigan-2017-HB5295-Introduced.html
HOUSE BILL No. 5295
November 30, 2017, Introduced by Reps. Brann, Lucido, Lilly, Maturen and Yaroch and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 497, entitled
"Construction lien act,"
by amending section 114 (MCL 570.1114), as amended by 2016 PA 415.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 114. (1) 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. The contract
required
under this section shall must
contain a statement, in type
no smaller than that of the body of the contract, stating all of
the following:
(a) That a residential builder or a residential maintenance
and alteration contractor is required to be licensed under article
24 of the occupational code, 1980 PA 299, MCL 339.2401 to 339.2412.
That an electrician is required to be licensed under article 7 of
the skilled trades regulation act, 2016 PA 407, MCL 339.5701 to
339.5739. That a plumbing contractor is required to be licensed
under article 11 of the skilled trades regulation act, 2016 PA 407,
MCL 339.6101 to 339.6133. That a mechanical contractor is required
to be licensed under article 8 of the skilled trades regulation
act, 2016 PA 407, MCL 339.5801 to 339.5819.
(b) If the contractor is required to be licensed to provide
the contracted improvement, that the contractor is licensed and the
contractor's license number.
(2) A contractor who is required to be licensed as provided in
this section shall display the license and, if the contractor is an
individual, the contractor's personal identification, consisting of
an operator's license, chauffeur's license, or personal
identification card issued by the department of state, when
recording a claim of lien under section 111. If the claim of lien
is not presented in person, the contractor shall attach to the
claim of lien copies of the license and personal identification.
(3) If a contractor is required to be licensed as provided in
this section, a register of deeds shall not accept a claim of lien
to be recorded from the contractor unless the contractor displays
the license and personal identification, or attaches copies of the
license and personal identification to the claim of lien, as
required by subsection (2).
(4) A contractor who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $500.00, or both.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
