and I didn't get all the stuff onto one post....

570.1119 Claims of lien having equal priority; priority of construction lien over garnishments and over other interests, liens, or encumbrances; attachment; effect of recording; priority of recorded mortgage, lien, encumbrance, or other interest over construction lien; advances; retainage. [M.S.A. 26.316(119) ]
Sec. 119. (1) Except as otherwise provided by subsection (4), as between parties entitled to claim construction liens under this act, their claims of lien shall be treated as having equal priority.
(2) A construction lien under this act shall take priority over all garnishments for the contract debt made after commencement of the first actual physical improvement, without regard to the date of recording of the claim of lien.
(3) A construction lien arising under this act shall take priority over all other interests, liens, or encumbrances which may attach to the building, structure, or improvement, or upon the real property on which the building, structure, or improvement is erected when the other interests, liens, or encumbrances are recorded subsequent to the first actual physical improvement.
(4) A mortgage, lien, encumbrance, or other interest recorded before the first actual physical improvement to real property shall have priority over a construction lien arising under this act. The priority of the mortgage shall exist as to all obligations secured by the mortgage except for indebtedness arising out of advances made subsequent to the first actual physical improvement. An advance made pursuant to the mortgage, but subsequent to the first actual physical improvement shall have priority over a construction lien if, for that advance, the mortgagee has received a contractor's sworn statement as provided in section 110, has made disbursements pursuant to the contractor's sworn statement, and has received waivers of lien from the contractor and all subcontractors, laborers, and suppliers who have provided notices of furnishing. The construction lien of any lien claimant not set forth on the sworn statement upon which an advance was made shall be subordinate to the lien of the mortgage, including the advance, unless prior to the advance the lien claimant has provided the designee with a notice of furnishing if required by section 109 or has recorded a claim of lien. Any advance made after a notice of furnishing has been provided or has been excused as provided in sections 108, 108a, and 109 or a claim of lien has been recorded shall be subordinate to the construction lien of that lien claimant unless prior to the advance the mortgagee has received from that lien claimant either a full unconditional waiver of lien or a partial unconditional waiver of lien for the full amount due the lien claimant as of the date through which the lien is waived as shown on the lien waiver and the date through which the lien is waived as shown on the partial unconditional waiver is within 30 days prior to the advance.
(5) For purposes of this section, retainage which is not payable under a contract until the happening of a certain event in addition to the providing of an improvement, is not due as of the date of the providing of the improvement.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;--Am. 1981, Act 191, Eff. Jan. 1, 1982 ;--Am. 1982, Act 17, Eff. Mar. 1, 1982 .

570.1120 Failure of owner or lessee to perform contract; compensation and additional damages. [M.S.A. 26.316(120) ]
Sec. 120. If a lien claimant, by reason of the failure of an owner or lessee to perform the contract, and without fault on the part of the lien claimant, has been prevented from completely performing the contract, the lien claimant shall be entitled to compensation for as much as was performed by the claimant under the contract, in proportion to the price stipulated for complete performance of the whole contract, less any payments made to the lien claimant and also to any additional damages which the lien claimant may be entitled to as a matter of law.
History: 1980, Act 497, Eff. Jan. 1, 1982 .

570.1121 Judgment of foreclosure; sale of real property or improvement; satisfaction of lien from rents, profits, and income; adding tax and insurance premium payments; affidavit; redemption period; conduct of sale; right, title, and interest vested in grantee; final order; deficiency judgment; surplus; bringing sale proceeds into court; redemption. [M.S.A. 26.316(121) ]
Sec. 121. (1) If the court finds that a lien claimant is entitled to a construction lien upon the real property to which he or she furnished an improvement, and the amount adjudged to be due has not been paid, the court may enter a judgment ordering the sale of any interest in the real property, or a part of the real property, to which the construction lien attaches. If the construction lien attaches only to the improvement furnished, the court may order a sale of the improvement. If the court finds that there is an interest in or encumbrance against the real property which is superior to the construction lien being foreclosed, the order for sale shall indicate that fact. The court may order a construction lien satisfied out of the rents, profits, and income from the real property to which the construction lien has attached.
(2) In a judgment of foreclosure, the court may provide for adding to the amount determined to be due any amount paid by any lien claimant, mortgagee, or receiver appointed by the court, after the foreclosure sale and before the expiration of the period of redemption, for taxes assessed against the real property sold or for that portion of the premium of an insurance policy covering the building located on the real property, which premium portion is required to keep the policy in force until the expiration of the period of redemption. After the making of any tax or premium payments, an affidavit with respect to the payments shall be recorded immediately in the office of the register of deeds for the county in which the deed on foreclosure sale was recorded.
(3) In the order for the foreclosure sale, the court shall fix a period for redemption. The period of redemption shall not exceed 4 months. The sale shall be conducted in the same manner as a sale on execution. The sale shall become final, subject to the period of redemption, upon the entry of an order of confirmation by the court. Pursuant to section 119(3) and subject to subsection (1), the foreclosure, upon becoming final, shall vest in the grantee named in the deed all the right, title, and interest in the real property which the owner, co-owner, lessee, or co-lessee whose interest is being foreclosed had at the date of the execution of the contract or at any time thereafter.
(4) The court shall enter a final order directing the distribution of all of the funds obtained from the foreclosure sale in accordance with the priorities of the parties as determined by the court. The court shall adjudicate the rights, if any, of lien claimants to a deficiency judgment against any owner or lessee contracting for an improvement. After the making of all payments directed by the court, any surplus from the proceeds of the sale of property on the foreclosure of a construction lien under this act shall be paid over to the owner, co-owner, lessee, co-lessee, or such other person as may be entitled to the surplus. However, the surplus shall be subject to a subsequent judgment or execution under this act in the same manner as if the surplus was derived from a sale made under the subsequent execution.
(5) If all claims of lien are not ascertained when a sale is ordered, or if for any other reason it is deemed proper to postpone the order of distribution of the proceeds of a sale on foreclosure, the court may direct the party making the sale to bring the proceeds of the sale into court, to be disposed of according to order of the court.
(6) Redemption from a foreclosure sale is complete upon payment of all sums set forth in the judgment of foreclosure, together with any sums due for the payment of taxes or insurance premiums as provided in subsection (2). If there is not a redemption from the foreclosure sale, taxes and insurance premiums paid after the sale shall not be included in any deficiency judgment.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;--Am. 1981, Act 191, Eff. Jan. 1, 1982 .

570.1122 Appointing receiver in action to enforce construction lien through foreclosure or in action to foreclose mortgage; petition; motion; finding; appointment; nominations by mortgagee and lien claimant; fiduciary responsibility; appointment of receiver for residential structure or certain apartment buildings prohibited; power of receiver. [M.S.A. 26.316(122) ]
Sec. 122. (1) If the improvement to the real property is not completed as of the date of commencement of an action in which enforcement of a construction lien through foreclosure is sought or in any action to foreclose a mortgage on the real property on which the incomplete improvement exists, any lien claimant or mortgagee may petition the court for the appointment of a receiver. The petition shall be heard as a motion. A receiver may be appointed by the court upon finding that a substantial unpaid construction lien exists, or that the mortgage on the real property is in default and that the lien claimant, the mortgagee, or both, are likely to sustain substantial loss if the improvement is not completed.
(2) When making an appointment of a receiver under this section, the court shall give consideration to the nominations of the mortgagee and the lien claimant. Any receiver appointed under this section shall be deemed a fiduciary for the benefit of all persons having or claiming interests in the real property, and shall exercise his or her office accordingly.
(3) A receiver shall not be appointed under this section for any residential structure, nor for any apartment building containing 4 or less apartments.
(4) The receiver shall be entitled to possession of the real property upon his or her appointment. Unless otherwise limited by the court, and subject to his or her fiduciary responsibility as provided in this act, the receiver shall have all powers generally exercised by a receiver in a court of equity, including the right to be compensated for his or her services and those of his or her agents and attorneys.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;--Am. 1981, Act 191, Eff. Jan. 1, 1982 .

570.1123 Petition by receiver for authority to complete construction of improvements, borrow money, grant security, or sell real property under foreclosure; sale; redemption period; purchase of real property by lien claimant or mortgagee; right, title, and interest vested in grantee. [M.S.A. 26.316(123) ]
Sec. 123. (1) The receiver may petition the court for authority to complete construction of improvements to the real property in full or in part, to borrow money to complete the construction, and to grant security, by way of mortgage or otherwise, for the borrowings. The priority of the security shall be determined by the court. A petition for authority to complete construction of improvements shall not be granted unless the court finds that the value added to the real property which will result from the construction is likely to exceed the cost of the additional construction, including all estimated overhead and administrative costs, together with interest on any funds that are to be borrowed for the construction. The receiver also may be authorized by the court to borrow funds for other purposes, including such purposes as preserving and operating the real property.
(2) The receiver may petition the court for authority to sell the real property interest under foreclosure for cash or on other terms as may be ordered by the court. The sale may be by private or public sale and shall be held in the manner directed by the court. A sale under this subsection shall become final upon the entry of an order of confirmation by the court, unless the court allows a period for redemption. The redemption period, if allowed, shall not exceed 4 months.
(3) Any lien claimant or mortgagee may purchase the real property at a sale on foreclosure or a sale by the receiver, and may apply on the purchase price any sums which would be payable to him or her from the proceeds of the sale.
(4) Pursuant to section 119(3) and subject to section 121(1), a sale by the receiver, upon becoming final, shall vest in the grantee named in the deed all the right, title, and interest in the real property which the owner, co-owner, lessee, or co-lessee whose interest is being foreclosed had at the date of the execution of the contract for the improvement or at any time thereafter.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;--Am. 1981, Act 191, Eff. Jan. 1, 1982 .

570.1124 Final account of receiver; final order directing distribution of assets; order of priority; deficiency judgment; notice of hearing. [M.S.A. 26.316(124) ]
Sec. 124. (1) Upon the completion of the sale of the real property, the receiver shall prepare and submit a final account for examination and approval by the court. The court shall enter a final order directing the distribution of all funds or other assets held by the receiver. Repayment of funds borrowed by the receiver, under court authority, for the completion of improvements, or for any other purpose shall have priority in the distribution, unless a different priority has been ordered by the court. The next priority shall be that of funds expended by the receiver, including his or her fees and those of his or her attorneys and agents. The remaining funds shall be distributed to the parties in the order of the priority of their respective liens, encumbrances, or other rights as determined by the court. The court shall adjudicate the right, if any, to a deficiency judgment against any contracting party.
(2) Each person who appeared in the foreclosure action shall receive a notice of hearing on any court action concerning the receivership.
History: 1980, Act 497, Eff. Jan. 1, 1982 .

570.1125 Assignability of construction lien; powers and obligations of assignee. [M.S.A. 26.316(125) ]
Sec. 125. A construction lien which arises under this act is assignable. Proceedings for the enforcement of the lien may be maintained by, and in the name of, the assignee. In that case, the assignee shall have the same power to enforce the construction lien, and shall be subject to the same obligations, as if the proceedings were being taken by, and in the name of, the lien claimant.
History: 1980, Act 497, Eff. Jan. 1, 1982 .


570.1126 Construction lien concerning condominium; limitations; definitions. [M.S.A. 26.316(126) ]
Sec. 126. (1) A construction lien, concerning a condominium, arising under this act is subject to the following limitations: (a) Except as otherwise provided in this section, a construction lien for an improvement furnished to a condominium unit or to a limited common element shall attach only to the condominium unit to which the improvement was furnished.
(b) A construction lien for an improvement authorized by the developer of a condominium project and performed upon the common elements shall attach only to condominium units owned by the developer at the time of recording of the claim of lien.
(c) A construction lien for an improvement authorized by the association of coowners of condominium units shall attach to each condominium unit only to the proportional extent that the coowner of the condominium unit is required to contribute to the expenses of administration, as provided by the condominium documents.
(d) A construction lien shall not arise or attach to a condominium unit for work performed on the common elements, if the work was not contracted for by the developer or the association of coowners of condominium units.
(2) This section shall be subject to the definitions and limitations of Act No. 59 of the Public Acts of 1978, being sections 559.101 to 559.272 of the Michigan Compiled Laws.
History: 1980, Act 497, Eff. Jan. 1, 1982 .

570.1127 Full payment of claim of lien; certificate; discontinuance or dismissal of action to enforce lien through foreclosure and to discharge notice of lis pendens; documents; providing discharges of lien and other documents. [M.S.A. 26.316(127) ]
Sec. 127. (1) When any claim of lien has been fully paid, the lien claimant shall deliver to the owner, lessee, or other person making payment a certificate, witnessed and acknowledged in the same manner as a discharge of mortgage, that the claim has been paid and is now discharged. If an action to enforce the construction lien through foreclosure is pending, the lien claimant also shall furnish, upon request, those documents which are necessary to effect a discontinuance or dismissal of the action and a discharge of any notice of lis pendens filed in connection with the action.
(2) An agent who is authorized to prepare and serve a notice of furnishing on behalf of a laborer or group of laborers or an agent who is authorized to prepare, record, and serve a claim of lien on behalf of a laborer or group of laborers is automatically authorized to provide discharges of lien and other documents described in subsection (1), unless or until the laborer or group of laborers notifies the designee in writing that someone other than a previously authorized agent is duly authorized to provide the appropriate documents. An agent who is authorized to prepare and serve a notice of furnishing or a claim of lien on behalf of a laborer or group of laborers shall be responsible for providing discharges of lien and the other documents described in subsection (1) on behalf of such laborer or laborers pursuant to this section. An agent who is authorized to prepare and serve a claim of lien on behalf of a laborer or group of laborers shall be responsible for providing discharges of lien and the other documents described in subsection (1) on behalf of such laborer or laborers pursuant to this section. An individual laborer may also provide discharges of lien and the other documents described in subsection (1) pursuant to this section instead of the agent.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;--Am. 1982, Act 17, Eff. Mar. 1, 1982 .

570.1128 Failure to commence proceedings to enforce lien within time provided by law; certificate; recording; affidavit showing time statement or claim of lien recorded. [M.S.A. 26.316(128) ]
Sec. 128. If any statement or claim of lien has been recorded in the office of a register of deeds, and the time within which proceedings to enforce the lien through foreclosure has elapsed without commencement of the proceedings, a person with an interest in the real property affected by the lien, or that person's agent or attorney, may make and present to the county clerk of the county in which the statement or claim of lien was recorded, an affidavit showing the time when the statement or claim of lien was recorded and the names of the parties to the statement or claim of lien. The county clerk shall examine the records of his or her office, and if it appears that proceedings to enforce the lien have not been commenced with the time provided by law, the county clerk shall execute and deliver to the owner a certificate of that fact, bearing the seal of the circuit court. The certificate may be recorded in the office of the register of deeds for the county where the statement or claim of lien was recorded, after which the statement or claim of lien shall have no effect.
History: 1980, Act 497, Eff. Jan. 1, 1982 .

570.1201 Homeowner construction lien recovery fund; creation; assessment charges; additional assessment or payment; recovery from fund; condition; maximum assessment. [M.S.A. 26.316(201) ]
Sec. 201. (1) A homeowner construction lien recovery fund is created within the department of licensing and regulation. The fund shall be self-supporting and shall consist of assessments charged in the following manner: (a) Except as provided in subsection (4), when applying for renewal licensure for 1982 and when applying for initial licensure, each of the following persons shall be assessed in addition to the license fee, a fee of $50.00 for deposit in the fund: (i) A person applying for a residential builders license or a residential maintenance and alteration contractor's license under article 24 of the occupational code, Act No. 299 of the Public Acts of 1980, as amended, being sections 339.2401 to 339.2412 of the Michigan Compiled Laws.
(ii) A person applying for an electrical contractor's license under the electrical administrative act, Act No. 217 of the Public Acts of 1956, as amended, being sections 338.881 to 338.892 of the Michigan Compiled Laws.
(iii) A person applying for an authorized master plumber's license under Act No. 266 of the Public Acts of 1929, as amended, being sections 338.901 to 338.917 of the Michigan Compiled Laws, which license authorizes the securing of plumbing installation permits.
(iv) A person applying for a license under the mechanical contractors act.
(b) A laborer who seeks to recover from the fund shall not be required to pay a fee until he or she obtains a recovery from the fund, at which time a fee of $15.00 shall be withheld by the fund from the laborer's final recovery. However, in no event shall the total amount withheld by the fund from a laborer in a 1-year period exceed $50.00.
(c) Except for persons described in subdivisions (a) and (b), all other lien claimants may become members of the fund by paying a fee of $50.00 prior to the date of the lien claimant's contract for the improvement to the residential structure. A lien claimant under this subdivision shall not pay a fee of more than $50.00 in a calendar year.
(2) If, on December 1 of any year, the balance in the fund is less than $1,000,000.00, the director of licensing and regulation may require an additional assessment or payment, not to exceed $50.00, from each of the persons described in subsection (1)(a) and (c), unless, within 30 legislative days after the director requires an additional assessment, the legislature, by majority vote of the members elected and serving in both houses by record roll call vote, adopts a concurrent resolution to prohibit the additional assessment. As used in this subsection “legislative day” means a day on which the senate and house is called to order and a quorum of the senate and house is present.
(3) A person shall not be entitled to recover from the fund unless he or she has paid into the fund as required by this section.
(4) Notwithstanding subsection (1)(a), a person shall not be assessed more than $50.00 in an assessment period regardless of the number of licenses applied for or held.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;--Am. 1981, Act 191, Eff. Jan. 1, 1982 ;--Am. 1982, Act 17, Eff. Mar. 1, 1982 ;--Am. 1984, Act 190, Imd. Eff. July 3, 1984 .
Compiler's Note: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at § 338.3501 of the Michigan Compiled Laws.

570.1202 Management of fund by director of licensing and regulation; annual financial statement; audit; depositing or investing fund money; earned interest; carry-forward of unexpended fund balance; employment of office help and claims investigators; attorney general; contracting with private attorneys to defend actions; wages, professional fees, and other administrative expenditures; calculating limitation on fund expenditures. [M.S.A. 26.316(202) ]
Sec. 202. (1) The director of licensing and regulation shall manage the affairs of the fund pursuant to this act. A detailed financial statement of the condition of the fund shall be published by the director annually. This fund shall be subject to an audit by the auditor general. The state treasurer shall deposit or invest money from the fund, in the same manner and subject to all provisions of law with respect to the deposit or investment of state funds by the state treasurer, and interest earned shall be credited to the fund. The unexpended fund balance shall carry forward to the new fiscal year at the end of each fiscal year.
(2) The department may employ such office clerical and professional help and claims investigators as are necessary to carry out the provisions of this act. The attorney general shall assign members of his or her staff and may supplement that staff by contracting with those private attorneys as are necessary to adequately defend the actions against the fund. All wages, professional fees, and other administrative expenditures necessary for operation and defense of the fund including legal counsel shall be charged to and payable from the fund. Except as provided in subsection (3), wages, professional fees, and other administrative expenditures necessary for the operation of the fund shall not exceed 20% of funds collected by the fund in the previous fiscal year.
(3) If the $50.00 fee is not assessed against license applications and renewals during a year under section 201, the limitation on fund expenditures provided in subsection (2) shall be calculated on the basis of the closest previous year in which the $50.00 fee was assessed and collected for license application and renewals under section 201.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;--Am. 1981, Act 191, Eff. Jan. 1, 1982 .
Compiler's Note: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at § 338.3501 of the Michigan Compiled Laws.

570.1203 Claim of construction lien; attachment to residential structure; filing of affidavit in absence of written contract; presumption; recovery from fund; joining fund as defendant in foreclosure action; service of summons and complaint; intervention by department as party defendant; defense of fund by attorney general; payment from fund. [M.S.A. 26.316(203) ]
Sec. 203. (1) A claim of construction lien shall not attach to a residential structure, to the extent payments have been made, if the owner or lessee files an affidavit with the court indicating that the owner or lessee has done all of the following: (a) Paid the contractor for the improvement to the residential structure and the amount of the payment.
(b) Not colluded with any person to obtain a payment from the fund.
(c) Cooperated and will continue to cooperate with the department in the defense of the fund.
(2) In the absence of a written contract pursuant to section 114, the filing of an affidavit under this section shall create a rebuttable presumption that the owner or lessee has paid the contractor for the improvement. The presumption may be overcome only by a showing of clear and convincing evidence to the contrary.
(3) Subject to section 204, a person who has recorded a claim of lien and who is precluded from recovering a construction lien under subsection (1) may recover from the fund the amount for which the lien is established. A person who seeks recovery from the fund shall establish all of the following: (a) That he or she would be entitled to a construction lien on a residential structure except for the defense provided in subsection (1).
(b) That payment was made by the owner or lessee to the contractor or subcontractor.
(c) That the contractor or subcontractor has retained or used the proceeds or any part of the proceeds paid to the contractor or subcontractor without having paid the person claiming the construction lien.
(d) That he or she has complied with section 201.
(e) That he or she has not colluded with another person to obtain a payment from the fund.
(f) That he or she has complied with any applicable licensing acts.
(g) That he or she has made a reasonable effort to obtain payment from the contractor or subcontractor.
(h) That the contractor or the subcontractor, with whom the person claiming the construction lien contracted with, is licensed if required by law to be licensed.
(4) A subcontractor, supplier, or laborer who seeks enforcement of a construction lien on a residential structure through foreclosure shall join the fund as a defendant in the foreclosure action, and a summons and complaint shall be served on the director by certified or registered mail, or by leaving a copy thereof at the office of the director. The failure to serve a summons and complaint upon the fund shall constitute a bar to recovery from the fund. After service upon the defendant of a summons and complaint in an action in which enforcement of a construction lien through foreclosure is sought, the department may intervene in the action as a party defendant with respect to other construction liens.
(5) The attorney general shall make every reasonable effort to defend the fund and may assert any defense to a claim of lien that would have been available to the owner or lessee.
(6) Payment from the fund shall be made only if the court finds that a subcontractor, supplier, or laborer is entitled to payment from the fund. Subject to section 204, after the judgment has become final the department shall pay the amount of the judgment out of the fund.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;--Am. 1981, Act 191, Eff. Jan. 1, 1982 ;--Am. 1982, Act 17, Eff. Mar. 1, 1982 .
Compiler's Note: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at § 338.3501 of the Michigan Compiled Laws.

570.1204 Total amount payable to subcontractors, suppliers, and laborers per residential structure. [M.S.A. 26.316(204) ]
Sec. 204. The department shall not pay out of the fund to subcontractors, suppliers, and laborers more than $75,000.00 per residential structure. When it appears that the amount claimed from the fund, with respect to a residential structure, will exceed $75,000.00, the department may delay payment until the total amount to be paid can be ascertained. If the total amount payable to subcontractors, suppliers, and laborers exceeds $75,000.00, they shall be paid their proportional shares of that amount.
History: 1980, Act 497, Eff. Jan. 1, 1982 .
Compiler's Note: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at § 338.3501 of the Michigan Compiled Laws.

570.1205 Payment by department from fund; subrogation; action by department against contractor or subcontractor; depositing amount recovered in state treasury. [M.S.A. 26.316(205) ]
Sec. 205. (1) This state and any of its officers or employees in the administration of this act shall not be personally liable to any subcontractor, supplier, or laborer for payment of any sum found to be owing in connection with a contract for the improvement of a residential structure, except from the fund.
(2) If a payment is made by the department from the fund, the department shall be subrogated to the rights of the person to whom the payment was made, and the department may maintain an action in its own name against the contractor or subcontractor who did not pay the claimant receiving the payment from the fund. Any amount recovered by the department shall be deposited in the state treasury to the credit of the fund.
History: 1980, Act 497, Eff. Jan. 1, 1982 .
Compiler's Note: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at § 338.3501 of the Michigan Compiled Laws.

570.1206 Payment from fund; complaint against licensee. [M.S.A. 26.316(206) ]
Sec. 206. If the department makes a payment from the fund as the result of a licensee's failure to pay a lien claimant, the department shall enter a complaint against the licensee with the appropriate licensing agency to be addressed by the disciplinary proceedings under the appropriate licensing law.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;--Am. 1981, Act 191, Eff. Jan. 1, 1982 .
Compiler's Note: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at § 338.3501 of the Michigan Compiled Laws.

570.1207 Submitting false information to receive payment as felony. [M.S.A. 26.316(207) ]
Sec. 207. A person who submits false information to receive a payment from the fund is guilty of a felony.
History: 1980, Act 497, Eff. Jan. 1, 1982 .
Compiler's Note: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at § 338.3501 of the Michigan Compiled Laws.

570.1301 Laws controlling rights to lien and construction lien; requesting statement of date of owner's first contract with contractor; response; effect of failure to respond to request; definitions. [M.S.A. 26.316(301) ]
Sec. 301. (1) With respect to residential structures, this act shall control all rights to a construction lien arising from any project for which the contracting owner entered the first contract with a contractor on or after January 1, 1982.
(2) With respect to residential structures, Act No. 179 of the Public Acts of 1891, as amended, being sections 570.1 to 570.30 of the Michigan Compiled Laws, shall control all rights to a lien arising from any project for which the contracting owner entered the first contract with a contractor before January 1, 1982.
(3) Except as provided in subsection (1), this act shall control all rights to a construction lien arising from any project for which the contracting owner entered the first contract with a contractor on or after March 1, 1982.
(4) Except as provided in subsection (2), Act No. 179 of the Public Acts of 1891, as amended, being sections 570.1 to 570.30 of the Michigan Compiled Laws, shall control all rights to a lien arising from any project for which the contracting owner entered the first contract with a contractor before March 1, 1982.
(5) A contractor, subcontractor, supplier, or laborer may, by certified mail to the owner or designee, request in writing a statement as to the date of the owner's first contract with a contractor on the project. The owner or designee addressed shall respond by return mail within 10 days of the postmark of such request. The lien claimant may rely upon the information so provided in determining the applicable and controlling state law. Failure of the owner, lessee, or designee to respond to the request within the 10 days shall operate to extend the time within which: (a) A subcontractor or supplier may provide a notice of furnishing, as described in section 109, until 20 days after the information actually has been furnished to the subcontractor or supplier.
(b) A laborer may provide a notice of furnishing, as described in section 109, until 90 days after the information actually has been furnished to the laborer.
(6) As used in this section: (a) “Contactor” does not include a supplier, nor relate to a contract solely for preparation for the actual physical improvement such as surveying, soil boring and testing, architectural or engineering planning, or the preparation of other plans or drawings of any kind or nature.
(b) “Project” means the aggregate of improvements contracted for by the contracting owner.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;--Am. 1981, Act 191, Eff. Jan. 1, 1982 .
Compiler's Note: At the beginning of subsection (6)(a), “Contactor” evidently should read “Contractor”.

570.1302 Construction of act. [M.S.A. 26.316(302) ]
Sec. 302. (1) This act is declared to be a remedial statute, and shall be liberally construed to secure the beneficial results, intents, and purposes of this act. Substantial compliance with the provisions of this act shall be sufficient for the validity of the construction liens provided for in this act, and to give jurisdiction to the court to enforce them.
(2) This act shall not be construed to prevent a lien claimant from maintaining a separate action on a contract.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;--Am. 1982, Act 17, Eff. Mar. 1, 1982 .

570.1303 Repeal of acts. [M.S.A. 26.316(303) ]
Sec. 303. Act No. 179 of the Public Acts of 1891, as amended, being sections 570.1 to 570.30 of the Compiled Laws of 1970, and Act No. 172 of the Public Acts of 1893, being sections 565.481 to 565.482 of the Compiled Laws of 1970, are repealed.
History: 1980, Act 497, Eff. Mar. 1, 1982 .
Compiler's Note: For effective date of this section, see § 570.1305.

570.1304 Joint review committee; creation; review of fund; report. [M.S.A. 26.316(304) ]
Sec. 304. (1) The legislature shall create a joint review committee composed of members of the standing committee responsible for the consideration of construction lien legislation in each house and members of the legislative council. The joint review committee shall initiate a review of the functions, responsibilities, and performance of the fund not later than February 1, 1985.
(2) The joint review committee shall report to the legislature not later than September 30, 1985, recommending continuation, termination, or alteration of the fund.
History: 1980, Act 497, Eff. Jan. 1, 1982 .

570.1305 Effective date of act; effective date of § 570.1303. [M.S.A. 26.316(305) ]
Sec. 305. (1) Except as provided in subsection (2), this act shall take effect January 1, 1982.
(2) Section 303 takes effect March 1, 1982.
History: 1980, Act 497, Eff. Jan. 1, 1982 ;--Am. 1981, Act 191, Eff. Jan. 1, 1982 .

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Northern Concrete Pipe, Inc v Sinacola Cos, 461 Mich 316; 603 NW2d 257 (1999)

PER CURIAM. The plaintiff sought to enforce a construction lien, but the circuit court granted summary disposition to the defendants on the ground that the lien was untimely filed. The Court of Appeals reversed, finding substantial compliance with statutory requirements. We reverse in part the judgment of the Court of Appeals and reinstate the judgment of the circuit court.

1
This case concerns a construction lien{1} that was filed with regard to property owned by The R.L. Corporation.{2} The lien was filed by plaintiff Northern Concrete Pipe, Inc., a subcontractor who had provided labor and materials to a contractor named Sinacola Midwest, Inc.{3}

Such a lien must be filed within ninety days after the last date when materials or services are supplied. MCL 570.1111(1); MSA 26.316(111)(1).{4} In the present case, it is admitted that materials were last supplied on November 10, 1993. Northern Concrete Pipe mailed its lien to the Oakland County Register of Deeds less than ninety days later,{5} but it was twice returned. The lien was eventually accepted for filing after Northern Concrete Pipe supplied the complete legal description of the affected property, but the acceptance occurred on March 14, 1994, more than ninety days after November 10, 1993.

Sinacola failed to pay its subcontractor, Northern Concrete Pipe,{6} and later filed for bankruptcy.

Northern Concrete Pipe filed suit against Sinacola{7} and The R.L. Corporation, asserting several theories of liability. In count 1 of its complaint, Northern Concrete Pipe sought to foreclose on the construction lien.

The R.L. Corporation filed a motion for summary disposition, which the circuit court granted on the ground that the lien had not been timely filed.{8}

A divided panel of the Court of Appeals reversed the judgment of the circuit court.{9} The majority found that the plaintiff's substantial compliance with the ninety-day filing deadline is sufficient in light of MCL 570.1302(1); MSA 26.316(302)(1),{10} which provides:

This act is declared to be a remedial statute, and shall be liberally construed to secure the beneficial results, intents, and purposes of this act. Substantial compliance with the provisions of this act shall be sufficient for the validity of the construction liens provided for in this act, and to give jurisdiction to the court to enforce them.

Writing in dissent, Judge O'CONNELL urged adherence to the strict-compliance rule stated in Blackwell v Bornstein, 100 Mich App 550, 553-554; 299 NW2d 397 (1980).{11}

The R.L. Corporation has applied to this Court for leave to appeal.{12} Wills and Estates have also received motions from the Real Property Law Section of the State Bar of Michigan and the Michigan Land Title Association to appear as amici curiae. Each urges that we reverse the judgment of the Court of Appeals because of the difficulties that will be faced by those who must determine valid title, if the ninety-day deadline for filing a construction lien is not strictly enforced.{13}

II
Judge O'CONNELL is correct.{14} It is a cardinal rule of statutory construction that a clear and unambiguous statute warrant no further interpretation and requires full compliance with its provisions, as written. Tryc v Michigan Veterans' Facility, 451 Mich 129, 135; 545 NW2d 642 (1996). Within the Construction Lien Act, however, the Legislature provided an exception to that rule, in the form of the "substantial compliance" provision. As an exception, this provision should not be interpreted to nullify altogether the general rule that statutes should be interpreted consistent with their plain and unambiguous meaning. Richardson v Warren Consolidated School Dist, 197 Mich App 697, 702; 496 NW2d 380 (1992). In fact, this Court has already determined that the "substantial compliance" provision is limited in its application. See Brown Plumbing & Heating, Inc v Homeowner Construction Lien Recovery Fund, 442 Mich 179, 185; 500 NW2d 733 (1993) (precluding application with respect to recovery from the construction lien fund). We must therefore determine whether the "substantial compliance" provision here is applicable to the ninety-day filing requirement.{15}

The scope of a statutory "substantial compliance" provision requires an analysis, on a case-by-case basis, of the following logically relevant factors among others: the overall purpose of the statute; the potential for prejudice or unfairness when the apparent clarity of a statutory provision is replaced by the uncertainty of a "substantial compliance" clause; the interests of future litigants and the public; the extent to which a court can reasonably determine what constitutes "substantial compliance" within a particular context; and, of course, the specific language of the "substantial compliance" and other provisions of the statute.

With respect to the purpose of the provision in question, a ninety-day period of limitation advances policies of preventing stale claims and protecting defendants from the fear of protracted litigation. Chase v Sabin, 445 Mich 190, 199; 516 NW2d 60 (1994), quoting Bigelow v Walraven, 392 Mich 566, 576; 221 NW2d 328 (1974). This is especially important in light of the public's substantial interest in the certainty of land titles. Absent strict compliance with the ninety-day filing requirement of MCL 570.1111(1); MSA 26.316(111)(1), every construction project could create a potential cloud on the title to property, creating uncertainty in land titles. Moreover, where property owners and subsequent purchasers rely on the clear and unambiguous requirements of MCL 570.1111(1); MSA 26.316(111)(1), and find no notice of lien filed with the county office of the register of deeds, it would be inequitable to later subject those parties to the risk of foreclosure. Under these circumstances, certainty of title could only be achieved by researching the complete history of improvements with respect to a particular parcel of property and painstakingly obtaining waivers of lien from each contractor, subcontractor, materials supplier, and laborer.

A precise deadline is not well suited to an analysis of what constitutes "substantial compliance." Absent any additional statutory or judicial guidance, any determination of an alternate deadline, be it ninety-one days or one hundred days or more, is merely arbitrary. This difficulty in determining what constitutes "substantial compliance" with respect to a precise ninety-day deadline supports a conclusion that the Legislature did not intend the "substantial compliance" exception to apply here.

With respect to the statutory language in question, the most reasonable interpretation of "90 days" is precisely "90 days," particularly where, as here, the statute emphasizes that the lien "cease[s] to exist" if not recorded within the ninety-day deadline. Such provisions are not as well suited to a "substantial compliance" application as, for example, provisions requiring that certain information be filed with, or that certain showings be made before, public authorities or property owners. For example, where a notice-of-furnishing requirement exists to put an owner on notice that a contractor is improving property and that the possibility of a lien exists, MCL 570.1109; MSA 26.316(109), the court can ascertain whether, in fact, the owner received notice, even if not through a technical notice of furnishing. See, e.g., Vutgerveen Systems, Inc v Olde Millpond Corp, 454 Mich 119, 131; 560 NW2d 43 (1997).

The case before us is a clear instance in which the Legislature could not have imposed a more precise requirement. MCL 570.1111(1); MSA 26.316(111)(1) states without qualification that a subcontractor's right to a lien ceases to exist if not recorded in the county office of the register of deeds within ninety days after the last furnishing of labor or material.

In light of the unambiguous language of MCL 570.1111(1); MSA 26.316(111)(1), we reverse in part the judgment of the Court of Appeals, and reinstate the judgment of the circuit court. MCR 7.302(Failure -)(1).

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{1} The lien was filed pursuant to the Construction Lien Act, MCL 570.1101 et seq.; MSA 26.316(101) et seq.
{2} Defendant Raymond LeDuc is the president of The R.L. Corporation. He was sued along with his corporation, but we will not refer to him separately.
{3} When suit was later filed, this defendant was identified as Sinacola Companies-Midwest, Inc. For present purposes, the exact name of this defendant is immaterial.
{4}Notwithstanding [MCL 570.1109; MSA 26.316(109)], the right of a contractor, subcontractor, laborer, or supplier to a construction lien created by this act shall cease to exist unless, within 90 days after the lien claimant's last furnishing of labor or material for the improvement, pursuant to the lien claimant's contract, a claim of lien is recorded in the office of the register of deeds for each county where the real property to which the improvement was made is located. A claim of lien shall be valid only as to the real property described in the claim of lien and located within the county where the claim of lien has been recorded. [MCL 570.1111(1); MSA 26.316(111)(1).]
{5} Although the parties disagree with regard to the initial date of mailing, we accept the plaintiff's position because of the procedural posture of the case.
{6} This case has been decided by summary disposition, and thus we draw the facts from the pleadings of the parties, and from their subsequent stipulations of fact.
{7} Sinacola has not participated in this litigation.
{8} The circuit court also granted summary disposition on the plaintiff's other claims. Those questions are not before us in the current appeal. With regard to the timeliness of the lien, the circuit court granted summary disposition pursuant to MCR 2.116(C)(8). However, the timeliness problem is apparent from the facts agreed upon by the parties rather than from the face of the complaint and the accompanying attachments, and so summary disposition should instead have been granted under MCR 2.116(C)(10).
{9} In its opinion, the Court of Appeals affirmed with regard to two other portions of the circuit court's order granting summary disposition. Unpublished opinion per curiam, issued October 23, 1998, reh den January 15, 1999 (Docket No. 203322).
{10} The majority noted that this Court has stated that this provision concerns "the perfection of construction liens provided for in part one" of the statute, which is the portion that pertains to the lien in this case. Brown Plumbing & Heating, Inc v Homeowner Construction Lien Recovery Fund, 442 Mich 179, 183; 500 NW2d 733 (1993); Vugterveen Systems, Inc v Olde Millpond Corp, 454 Mich 119, 121; 560 NW2d 43 (1997).
{11} Judge O'CONNELL acknowledged that Blackwell was decided under the language of the repealed mechanic's lien statute, but correctly observed that the former sections relating to the ninety-day deadline were, in pertinent part, substantially the same as their current analogues. Compare MCL 570.5, 570.27; MSA 26.285, 26.307, repealed by 1980 PA 497, with MCL 570.1111(1), 570.1302(1); MSA 26.316(111)(1), 26.316(302)(1), enacted in 1980 PA 497 and amended by 1982 PA 17. In Blackwell the Court found a valid lien after concluding that the last date when labor was supplied was within ninety days of when the lien was filed.
{12} The R.L. Corporation seeks relief only with respect to the holding discussed in this opinion.
{13} We grant the motions for leave to appear as amicus curiae.
{14} We review questions of statutory construction de novo. Donajkowski v Alpena Power Co, 460 Mich 243, 248; 596 NW2d 574 (1999).
{15} In Brown Plumbing, in the course of explaining that the "substantial compliance" provision of MCL 570.1320(1); MSA 26.316(302)(1) is inapplicable to part two of the act, this Court stated that the provision does apply to part one. Subsequently, in Vugterveen Systems, n 10 supra, this Court stated that "substantial compliance is sufficient to meet the provisions of part one of the act." 454 Mich 121, citing Brown Plumbing, 442 Mich 183. However, the Court in Vugterveen Systems did not specifically examine whether the "substantial compliance" provision is applicable to every word of every provision within part one of the act. Likewise, neither Brown Plumbing nor Vugterveen Systems examined the specific issue whether to require strict compliance with the ninety-day filing requirement of MCL 570.1111(1); MSA 26.316(111)(1). So, while we acknowledge that the "substantial compliance" provision is applicable to part one of the act, we do not believe that this should be interpreted so broadly as to authorize the Court to dispense with the Legislature's explicit mandates. Even the relatively broad language in Vugterveen Systems was tempered by the Court's acknowledgment that "the act's clear and unambiguous requirements should not be ignored." Vugterveen Systems at 121, citing Brown Plumbing at 185.