Construction Law

As a former civil engineer Attorney Dominic Silvestri will aggressively represent you in any construction law matter. Construction law is often a blend of contract laws, real estate laws, and consumer protection laws. It takes an experienced construction lawyer to understand not only the legal requirements, but the underlying intricacies of construction and development.

Are you a contractor that has not been paid and not sure how to file a lien?

Construction liens are designed to protect professionals from the risk of not being paid for services rendered.

Are you a homeowner who’s had a lien filed against your home or property by a subcontractor – even though you’ve paid for the work?

The Michigan Construction Lien Act provides remedies for contractors, professionals and property owners.

As a contractor or property owner, the requirement to record a claim of lien within 90 days of the last work is strictly enforced and the failure to record the lien within 90 days of the last day of providing labor/material will invalidate the lien.  Interestingly, the Michigan Court of Appeals recently held that if the lien is in proper and recordable form and is delivered to and accepted by the register of deeds within the 90 day period, but formally recorded after expiration of the 90 day period, the lien will be enforceable.

Need Help Drafting Construction Documents?

Attorney Dominic Silvestri can negotiate and prepare the construction, architect, engineering, and management contracts that are the foundation of every project. He can provide the business and legal insight that enables public and private owners and developers to construct residential or commercial developments, in-town housing, multi-family projects, office buildings, shopping centers, industrial facilities, hotels, public schools, mixed-use projects, and country club developments. After the project is completed, we help owners and contractors resolve construction disputes and work with owners and their tenants on such problems as asbestos and indoor air pollution.

Here are just a few of the many important construction law documents that, as a construction professional or property owner, you should be aware of:

Notice of Commencement:This is the document that the property owner prepares and records to notify anyone performing work on his/her property who the owner and general contractor are.  Further, this document instructs any subcontractor who does not have a direct contract with the owner to provide a Notice of Furnishing.

Notice of Furnishing: This is a document that a subcontractor, who does not have a direct contract with the owner or general contractor, must provide in order to protect his/her lien rights. Put simply, this document gives the owner notice that a subcontractor (that they probably are unaware of) will be providing labor or material and may have a lien right if not paid.  For example, as an owner you hire a plumber. The plumber gets his material from the plumbing warehouse supplier.  The plumbing warehouse supplier does not have a contract with you the owner and you have no idea who the warehouse supplier is.  The plumbing warehouse supplier must provide you “notice” that they are “furnishing” material to your job, in order to protect their construction lien rights – if the plumber doesn’t pay them for his material.

Partial Waiver of Lien

Full Waiver of Lien

Unfortunately, when there is a dispute involving a construction project, litigation can be a valuable tool to resolve such a dispute. Attorney Dominic Silvestri, as an attorney and a civil engineer, has the experience and knowledge to litigate any construction dispute.

Fast Facts:

Failure to record the lien within 90 days of the last work will invalidate the lien.

Unless an owner pays pursuant to sworn statements and lien waivers, the owner risks that an unpaid contractor or supplier will later record a lien against the property.

If a residential builder is required to be licensed under the Occupational Code, but is not so licensed, he or she may not claim a construction lien against the owner’s interest in the property.