Brown Plumbing & Heating, Inc v. Homeowner Construction Lien Recovery Fund

We dissent from the majority opin*187ion and would affirm the decision of the Court of Appeals. The majority holds that the substantial compliance language of §302 applies only to the details for perfecting a construction lien under part 1 of the act and not to claims against the fund under part 2. As a result, complete adherence to the requirements set forth in § 203(3) is a condition precedent to recovery from the fund. We disagree.

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Enacted in 1980, the Construction Lien Act seeks to achieve a dual protective purpose. It aspires to protect not only a lien claimant’s right to payment for wages…