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A property owner in Michigan receives a lien notice but believes it's invalid due to improper service. Under the Construction Lien Act, what is the time limit to challenge the lien in court?

Correct Answer

A) 1 year from filing

Under Michigan's Construction Lien Act, property owners have one year from the lien filing date to challenge the validity of the lien in court proceedings.

Answer Options
A
1 year from filing
B
30 days from notice
C
60 days from notice
D
90 days from filing

Why This Is the Correct Answer

Michigan's Construction Lien Act (Act 497) gives property owners 1 year from the date the lien is filed to challenge its validity in court. This 1-year window applies to challenges on any ground, including improper service. The clock runs from the filing date, not from when the property owner receives notice.

Why the Other Options Are Wrong

Option B: 30 days from notice

30 days from notice is not the correct limitation period under Act 497. This shorter window might be confused with notice-to-owner deadlines or bond-claim deadlines in other states, but it does not apply to lien validity challenges in Michigan.

Option C: 60 days from notice

60 days from notice is also not a deadline established by Michigan's Construction Lien Act for challenging lien validity. It may reflect deadlines in other lien-related actions (such as subcontractor notice requirements) but not court challenges to validity.

Option D: 90 days from filing

90 days from filing is a common distractor because some states use a 90-day enforcement or challenge period, but Michigan's Act 497 provides a full year from filing, not 90 days.

Memory Technique

Lien challenges in Michigan = 1 YEAR from FILING. Think '1F': one year, from filing. The '1' is easy to remember because it is the longest option on most exam questions, reflecting the legislature's intent to give parties adequate time to seek legal remedies.

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