Woodman v. Walter

Plaintiff appeals from an October 3, 1991, order granting summary disposition pursuant to MCR 2.116(0(10) in favor of defendants in this action to enforce a construction lien. We affirm.

The only issue to be determined on appeal is whether the ninety-day period for filing of lien claims provided in the Construction Lien Act, MCL 570.1101 et seq.; MSA 26.316(101) et seq., may be extended by the performance of warranty work. We find that it may not.

The act provides in part:

Notwithstanding section 109 the right of a contractor, subcontractor, laborer, or supplier to a construction lien created by…