570.1114a Construction lien recorded by unlicensed person.
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570.1114a Construction lien recorded by unlicensed person.
Sec. 114a.
(1)The owner of residential property on which a construction lien has been recorded by a person who was not licensed as described in section 114, or any person affected by the lien, may bring an action to discharge the lien.
(2)If the court in an action under subsection
(1)determines that the person who recorded the lien was not licensed as required, the person is liable to the person who brought the action for all damages that result from the recording and any attempts to enforce the lien, including actual costs and attorney fees.
(3)A person who brings an action to recover for the performance of an act or contract for which a license is required as described in section 114 shall allege in the complaint and has the burden of proving that he or she was properly licensed.
History: Add. 2006, Act 497 , Eff. Jan. 3, 2007