SENATE BILL No. 547

 

 

May 7, 2009, Introduced by Senators GARCIA, BASHAM, JANSEN and GLEASON and referred to the Committee on Economic Development and Regulatory Reform.

 

 

 

     A bill to amend 1980 PA 497, entitled

 

"Construction lien act,"

 

by amending section 106 (MCL 570.1106), as amended by 2006 PA 497.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 106. (1) "Person" means an individual, corporation,

 

partnership, sole proprietorship, association, other legal entity,

 

or any combination thereof.

 

     (2) "Project" means the aggregate of improvements contracted

 

for by the contracting owner.

 

     (3) "Qualifying officer" means an individual designated as a

 

qualifying officer of the contractor or subcontractor in the

 

records of the department under article 24 of the occupational

 

code, 1980 PA 299, MCL 339.2401 to 339.2412.

 

     (4) "Residential structure" means an individual residential

 


condominium unit or a residential building containing not more than

 

2 residential units, the land on which it is or will be located,

 

and all appurtenances, in which the to which both of the following

 

apply:

 

     (a) The owner or lessee contracting for the improvement is

 

residing, or will reside upon completion of the improvement, in the

 

condominium unit or residential building.

 

     (b) At the time of the improvement there is, between the owner

 

or lessee and the contractor, an enforceable agreement for the

 

purchase of, or a contract for an improvement to, the condominium

 

unit or residential building.

 

     (5) "Subcontractor" means a person, other than a laborer or

 

supplier, who pursuant to a contract between himself or herself and

 

a person other than the owner or lessee performs any part of a

 

contractor's contract for an improvement.

 

     (6) "Supplier" means a person who, pursuant to a contract with

 

a contractor or a subcontractor, leases, rents, or in any other

 

manner provides material or equipment that is used in the

 

improvement of real property.

 

     (7) "Wages" means all earnings of an employee whether

 

determined on the basis of time, task, piece, commission, or other

 

method of calculation for labor or services except fringe benefits

 

and withholdings.