Warning: All information contained within this data base is subject
to change at any time by the various states and is not guaranteed
in any way by Lienwriter.com, LLC. Nor does Lienwriter.com,
LLC. assume any liability or responsibility for it's content.
Please use in conjunction with advice from your attorney.
Note: This information is limited in scope and
applies only to this document. Please see the general information,
all forms memo, and the general information memo for this type
of document, for additional information.
Description: Request for Copy of Notice of Commencement.
Scope: State of Michigan, All Works
Time Constraints: In Michigan an owner is required
to file a Notice of Commencement, containing all information
necessary for preparing notices and filing liens, with the County
Register of Deeds where the project is located. Upon demand,
the Owner or Contractor is required to provide a party to the
job with a copy of the Notice of Commencement. Specifically,
they are required on Private Work Jobs, but it is common practice
to supply them for Public Work Jobs, too.
If you use this form on a Private Works Job and
the Notice of Commencement is not supplied your 20 day requirement
to send a Notice of Furnishing does not begin until you receive
the copy of the Notice of Commencement. This doe not apply to
Public Jobs, so mind your time line on those jobs.
Information Requirements: The information required
by program and whether you intend to send an owner cover letter
or file a Notice of Commencement with the Register of Deeds
(County Recorder's) Office.
Procedures: Send request by certified mail to
Owner and General Contractor. Make sure your certified returns
come back as they are your only defense. When in doubt, send
your Notice of Furnishings immediately to protect your lien
rights.
When in doubt, file your lien claim immediately.
Warning: All information contained within this
data base is subject to change at any time by the various states
and is not guaranteed in any way by Lienwriter.com, LLC. Nor
does Lienwriter.com, LLC. assume any liability or responsibility
for it's content. Please use in conjunction with advice from
your attorney.
Note: This information is limited in scope and
applies only to this document. Please see the general information,
all forms memo, and the general information memo for this type
of document, for additional information.
Description: Notice of Furnishing
Scope: State of Michigan, Private Works
Time Constraints: In Michigan an owner is required
to file a Notice of Commencement, containing all information
necessary for preparing notices and filing liens, with the County
Register of Deeds where the project is located. If you make
a request for a copy of the Notice of Commencement, you can
delay your time to file a Notice of Furnishing. See Michigan
Request for Copy of Notice of Commencement, All Works, for more
details.
Sub-contractors and suppliers are to be furnished
with a copy of this notice so they may serve their Notice of
Furnishing to the correct parties. If the owner neglects to
provide or file this Notice of Commencement he is responsible
for the costs you incur in obtaining it, including filing it
yourself. The required 20 day period to serve a Notice of Furnishing
does not begin until this requirement is completed. You can
print the notice yourself if you desire.
Subcontractors and Material men: Once the Notice
of Commencement is filed or provided, Private Work Michigan
Notice of Furnishing must be prepared and served on the owners,
general contractors and lenders (and sureties, if one exists)
by personal service or certified mail no later than 20 days
after first furnishing of labor, materials or service. Unless
you are the general contractor of the job, if you neglect to
provide a Notice of Furnishing within the 20 day period you
lose your lien rights.
Laborer: Same as above, but within 30 days of
wages contractually due, service notice of furnishing by certified
mail (return receipt requested) to the owner and general contractor
that work is being done.
You must also prepare a Proof of Service of Notice
of Furnishing to be notarized as evidence of your service. It
must be saved along with a copy of your preliminary notice in
the event that you must file a lien (see Michigan Bond or Lien
Claim, Private Work, for more information).
Information Requirements: The information required
by program and whether you intend to send an owner cover letter
or file a Notice of Commencement with the Register of Deeds
(County Recorder's) Office.
Form Types: Notice of Furnishing Labor, Materials
or Equipment, Exhibits A-D (if needed), Proof of Service of
Notice of Furnishing, Owner Letter (if used), Notice of Commencement
(if needed) and Recorder letter (if Notice of Commencement is
filed).
Procedures: Determine whether a Notice of Commencement
has been filed by obtaining the information from your customer,
the general contractors, the owners or, as a last effort, the
County Register of Deeds office. Or, optionally and if time
is short, just prepare and mail the Notice of Furnishing if
you are in doubt while ordering a copy from the County Register
of Deeds office by mail.
Enter the program data, including Additional Legal
Parties or Releases for Other Companies. Copies of all of the
forms(less the Owner Cover Letter, Notice of Commencement and
the Recorder Letter) must be sent to all legal owners, all general
contractors, all lenders and all sureties. Sending a copy to
your customer is optional (unless they are the owners, general
contractors, lenders or sureties).
When in doubt, file your claim immediately.
