reglab/housing_qa huggingface dataset:
MI Comp L § 570.1118 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-1 - Part 1 (570.1101...570.1128)|Section 570.1118 - Action to Enforce Construction Lien Through Foreclosure; Circuit Court; Equitable Nature of Action; Enforcement of Lien by Cross-Claim or Counterclaim Filed in Pending Action; Duties of Court; Attorneys' Fees.

570.1118 Action to enforce construction lien through foreclosure; circuit court; equitable nature of action; enforcement of lien by cross-claim or counterclaim filed in pending action; duties of court; attorneys' fees.Sec. 118.  (1) An action to enforce a construction lien through foreclosure shall be brought in the circuit court for the county where the real property described in the claim of lien is located. If the real property is located in more than 1 county or judicial circuit, the action may be brought in any of the counties where the real property is located. An action to enforce a construction lien through foreclosure is equitable in nature. A construction lien also may be enforced by a cross-claim or counterclaim timely filed in a pending action involving title to, or foreclosure of mortgages or encumbrances on, real property.  (2) In an action to enforce a construction lien through foreclosure, the court shall examine each claim and defense that is presented and determine the amount, if any, due to each lien claimant or to any mortgagee or holder of an encumbrance and their respective priorities. The court may allow reasonable attorneys' fees to a lien claimant who is the prevailing party. The court also may allow reasonable attorneys' fees to a prevailing defendant if the court determines the lien claimant's action to enforce a construction lien under this section was vexatious. History: 1980, Act 497, Eff. Jan. 1, 1982 ;-- Am. 1982, Act 17, Eff. Mar. 1, 1982 ;-- Am. 2010, Act 147, Imd. Eff. Aug. 23, 2010
MI Comp L § 570.1118a (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-1 - Part 1 (570.1101...570.1128)|Section 570.1118a - Attachment of Claim to Residential Structure; Affidavit; Rebuttable Presumption of Payment by Owner or Lessee to Contractor.

570.1118a Attachment of claim to residential structure; affidavit; rebuttable presumption of payment by owner or lessee to contractor.Sec. 118a.  (1) A claim of construction lien does not attach to a residential structure, to the extent payments have been made, if the owner or lessee files an affidavit with the court stating that the owner or lessee has paid the contractor for the improvement to the residential structure according to the contract, indicating in the affidavit the amount of the payment. The owner or lessee shall attach to the affidavit copies of the contract, any change orders, and any evidence of the payment that the owner or lessee has, including, but not limited to, a canceled check or a credit card or other receipt.  (2) If there is no written contract between the owner or lessee and the contractor as required by section 114, the filing of an affidavit under this section creates 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. History: Add. 2010, Act 147, Imd. Eff. Aug. 23, 2010
MI Comp L § 570.1120 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-1 - Part 1 (570.1101...570.1128)|Section 570.1120 - Failure of Owner or Lessee to Perform Contract; Compensation and Additional Damages.

570.1120 Failure of owner or lessee to perform contract; compensation and additional damages. 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
MI Comp L § 570.1122 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-1 - Part 1 (570.1101...570.1128)|Section 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.

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. 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
MI Comp L § 570.1123 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-1 - Part 1 (570.1101...570.1128)|Section 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.

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. 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
MI Comp L § 570.1124 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-1 - Part 1 (570.1101...570.1128)|Section 570.1124 - Final Account of Receiver; Final Order Directing Distribution of Assets; Order of Priority; Deficiency Judgment; Notice of Hearing.

570.1124 Final account of receiver; final order directing distribution of assets; order of priority; deficiency judgment; notice of hearing. 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
MI Comp L § 570.1125 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-1 - Part 1 (570.1101...570.1128)|Section 570.1125 - Assignability of Construction Lien; Powers and Obligations of Assignee.

570.1125 Assignability of construction lien; powers and obligations of assignee. 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
MI Comp L § 570.1126 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-1 - Part 1 (570.1101...570.1128)|Section 570.1126 - Construction Lien Concerning Condominium; Limitations; Definitions.

570.1126 Construction lien concerning condominium; limitations; definitions. 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
MI Comp L § 570.1127 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-1 - Part 1 (570.1101...570.1128)|Section 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.

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. 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
MI Comp L § 570.1128 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-1 - Part 1 (570.1101...570.1128)|Section 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.

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. 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
MI Comp L § 570.1201-570.1207 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-2 - Part 2 (570.1201...570.1207)|Section 570.1201-570.1207 - Repealed. 1010, Act 147, Imd. Eff. Aug. 23, 2010.

570.1201-570.1207 Repealed. 1010, Act 147, Imd. Eff. Aug. 23, 2010. Compiler's Notes: The repealed sections pertained to the homeowner construction lien recovery fund.
MI Comp L § 570.1301 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-3 - Part 3 (570.1301...570.1305)|Section 570.1301 - Repealed. 2018, Act 367, Imd. Eff. Dec. 12, 2018.

570.1301 Repealed. 2018, Act 367, Imd. Eff. Dec. 12, 2018. Compiler's Notes: The repealed section pertained to laws governing rights to construction liens.
MI Comp L § 570.1302 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-3 - Part 3 (570.1301...570.1305)|Section 570.1302 - Construction of Act.

570.1302 Construction of act. 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
MI Comp L § 570.1303, 570.1304 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-3 - Part 3 (570.1301...570.1305)|Section 570.1303, 570.1304 - Repealed. 2010, Act 147, Imd. Eff. Aug. 23, 2010.

570.1303, 570.1304 Repealed. 2010, Act 147, Imd. Eff. Aug. 23, 2010. Compiler's Notes: The repealed sections pertained to the repeal of certain acts and creation of a joint review committee in the legislative council.
MI Comp L § 570.1305 (2021)
2021 Michigan Compiled Laws|Chapter 570 - Liens|Act 497 of 1980 - Construction Lien Act (570.1101 - 570.1305)|497-1980-3 - Part 3 (570.1301...570.1305)|Section 570.1305 - Effective Date of Act; Effective Date of MCL 570.1303.

570.1305 Effective date of act; effective date of MCL 570.1303. 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
MI Comp L § 600.101 (2021)
2021 Michigan Compiled Laws|Chapter 600 - Revised Judicature Act of 1961|Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)|236-1961-1 - Chapter 1 Short Title and Construction (600.101...600.185)|Section 600.101 - Revised Judicature Act of 1961; Short Title.

600.101 Revised judicature act of 1961; short title. Sec. 101.  This act shall be known and may be cited as the "revised judicature act of 1961." RJA may be used as an abbreviation for the revised judicature act. History: 1961, Act 236, Eff. Jan. 1, 1963 Compiler's Notes: Former MCL 600.1 to 681.3, deriving from Act 314 of 1915 and entitled “The Judicature Act of 1915,” were repealed by Act 236 of 1961.
MI Comp L § 600.102 (2021)
2021 Michigan Compiled Laws|Chapter 600 - Revised Judicature Act of 1961|Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)|236-1961-1 - Chapter 1 Short Title and Construction (600.101...600.185)|Section 600.102 - Construction of Act.

600.102 Construction of act. Sec. 102.  This act is remedial in character, and shall be liberally construed to effectuate the intents and purposes thereof. History: 1961, Act 236, Eff. Jan. 1, 1963
MI Comp L § 600.103 (2021)
2021 Michigan Compiled Laws|Chapter 600 - Revised Judicature Act of 1961|Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)|236-1961-1 - Chapter 1 Short Title and Construction (600.101...600.185)|Section 600.103 - Repealed. 1980, Act 438, Eff. Sept. 1, 1981.

600.103 Repealed. 1980, Act 438, Eff. Sept. 1, 1981. Compiler's Notes: The repealed section pertained to inapplicability of act to common pleas court.See Compiler's note to MCL 600.224.
MI Comp L § 600.111 (2021)
2021 Michigan Compiled Laws|Chapter 600 - Revised Judicature Act of 1961|Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)|236-1961-1 - Chapter 1 Short Title and Construction (600.101...600.185)|Section 600.111 - Counter Claim; Definition.

600.111 Counter claim; definition. Sec. 111.  The term "counterclaim," as used in this act, includes setoff and recoupment. History: 1961, Act 236, Eff. Jan. 1. 1963
MI Comp L § 600.112 (2021)
2021 Michigan Compiled Laws|Chapter 600 - Revised Judicature Act of 1961|Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)|236-1961-1 - Chapter 1 Short Title and Construction (600.101...600.185)|Section 600.112 - Judgment; Definition.

600.112 Judgment; definition. Sec. 112.  The term "judgment," as used in this act, includes decree. History: 1961, Act 236, Eff. Jan. 1. 1963
MI Comp L § 600.201 (2021)
2021 Michigan Compiled Laws|Chapter 600 - Revised Judicature Act of 1961|Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)|236-1961-2 - Chapter 2 Supreme Court: Organization and Powers (600.201...600.251)|Section 600.201 - Repealed. 1963, 2nd Ex. sess., Act 18, Eff. Mar. 24, 1964.

600.201 Repealed. 1963, 2nd Ex. Sess., Act 18, Eff. Mar. 24, 1964. Compiler's Notes: The repealed section provided that the supreme court should consist of a chief justice and 7 associate justices.