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MI HB5830

Bill

Status

Passed

8/24/2010

Primary Sponsor

Richard Hammel

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Origin

House of Representatives

95th Legislature

AI Summary

  • Amends the Construction Lien Act to modify definitions including "court," "designee," "fringe benefits and withholdings," "general contractor," "improvement," and "laborer"

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Appropriations2/17/2010

Full Bill Text

No bill text available