MI SB0465

Design professionals (architects, engineers, surveyors) may record a notice of professional services contract with the register of deeds to establish a construction lien, valid for 1 year, without requiring actual physical improvement to the property.

Sub-design professionals working under a design professional with a recorded notice may record a notice of professional services subcontract, subject to owner approval in writing and the same 1-year validity period.

Construction liens recorded under the new notice provisions arise at the time of recording rather than at first physical improvement, giving design professionals earlier priority protection.

Notices of commencement remain required for non-residential improvements and must be recorded, posted, and provided to contractors and subcontractors within 10 days of written request; residential improvements require notices only upon written request.

Equal priority among construction lienholders is maintained regardless of when liens arise, with mortgages recorded before a lien arising having priority except for advances made after the lien arises unless proper sworn statements and lien waivers are obtained.