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MI HB5830
Bill
Status
8/24/2010
Primary Sponsor
Richard Hammel
Click for details
AI Summary
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Amends the Construction Lien Act to modify definitions including "court," "designee," "fringe benefits and withholdings," "general contractor," "improvement," and "laborer"
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Adds Section 118a allowing owners or lessees of residential structures to file an affidavit with the court stating they have paid the contractor, which creates a rebuttable presumption of payment if no written contract exists
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Modifies Section 118 to allow courts to award reasonable attorney's fees to prevailing lien claimants and to prevailing defendants when a lien enforcement action is determined to be vexatious
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Repeals Sections 201 to 207, 303, and 304 of the 1980 Construction Lien Act related to the homeowner construction lien recovery fund administration and funding
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Effective August 23, 2010, contingent on enactment of House Bills 5831, 5832, 5833, 5834, and 5835
Legislative Description
Liens; construction; homeowner construction lien recovery fund; abolish, and repeal provisions relating to administration and funding of and disbursements from the fund. Amends title & secs. 104, 106 & 118 of 1980 PA 497 (MCL 570.1104 et seq.); adds sec. 118a & repeals secs. 201 - 207, 303 & 304 of 1980 PA 496 (MCL 570.1201 et seq.). TIE BAR WITH: HB 5831'10, HB 5832'10, HB 5833'10, HB 5834'10, HB 5835'10
State agencies (existing), energy, labor, and economic growth
Last Action
Assigned Pa 147'10 With Immediate Effect
8/24/2010