Michigan Construction Lien Forms & Legal Services

Michigan Construction Lien Forms:  Our lawyers can help you understand which Construction Lien Forms you need to fill out and how best to ensure compliance with Michigan law.  Whether you are a contractor, construction material provider, building owner or homeowner, we can help.  Contact a lawyer today.

  • Michigan Notice of Commencement - Notice of Furnishing - Full Unconditional Waivers - Partial Unconditional Waivers - Conditional Waivers - Michigan Sworn Statement - and more....

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January 10, 2007

Michigan Construction Cases and Liens

Obtain forms and information about Michigan Construction Cases and Liens here.

Traverse Legal attorneys handle construction cases, including construction lien issues, across a variety of matters. Traverse Legal lawyers represent contractors, sub-contractors, lenders (banks, mortgage companies), building suppliers and home owners. We also represent persons who are injured on construction sites and other construction related injury cases.

Contact one of our attorneys today at 866.936.7447 (toll free).

Michigan Notice of Commencement (Residential)


MICHIGAN NOTICE OF COMMENCEMENT (RESIDENTIAL)

Obtain forms and information about Michigan Notice of Commencement here.

A Notice of Commencement announces that work is about to begin on a home building or remodeling project and provides interested parties with information needed to follow the construction lien procedures properly. The document can be requested by any of the parties involved in the building project, a written request should be sent by certified mail and must be accompanied by a blank NOTICE OF COMMENCEMENT and NOTICE OF FURNISHING form.

The homeowner is required to complete and return a copy of the NOTICE OF COMMENCEMENT and the blank NOTICE OF FURNISHING form to the requesting party within 10 days. A copy of the Notice of Commencement should also be posted at a conspicuous place at the job site.

NOTE: The Notice of Commencement is required to be recorded at the County Register of Deeds office for Commercial Construction projects ONLY. The language on the Notice of Commencement form for commercial construction is different.

§       Written request to homeowners should include blank Notice of Commencement and Notice of Furnishing

§       Homeowners should complete and return form within 10 days

§       Notice of Commencement should be posted at the work site

§        Notice of Commencement for COMMERCIAL projects must be recorded at Register of Deeds office prior to the beginning of project

Contact one of our attorneys today at 866.936.7447 (toll free).

Michigan Notice of Commencement (Commercial Property)


MICHIGAN NOTICE OF COMMENCEMENT (COMMERCIAL PROPERTY)

Obtain forms and information about Michigan Notice of Commencement here.

The NOTICE OF COMMENCEMENT announces that work is about to begin on a physical improvement to building (non-residential) and provides interested parties with information needed to follow the construction lien procedures properly.

The property owner or lessee is required to complete and record the NOTICE OF COMMENCEMENT at the County Register of Deeds office PRIOR to the commencement of any physical improvement.

The document can be requested by any of the parties involved in the building project, a written request should be sent by certified mail and must be accompanied by a blank NOTICE OF COMMENCEMENT and NOTICE OF FURNISHING and the blank NOTICE OF FURNISHING form to the requesting party within 10 days. A copy of the Notice of Commencement should also be posted at a conspicuous place at the job site.

NOTE: The Notice of Commencement is required to be recorded at the County Register of Deeds office for Commercial Construction projects ONLY. The language on the Notice of Commencement form for commercial construction is different.

§        Notice of Commencement for COMMERCIAL projects must be recorded at Register of Deeds office prior to the beginning of project

§       Written request to property owner or lessee should include blank Notice of Commencement and Notice of Furnishing

§       Notice of Commencement should also be posted at the work site

Contact one of our attorneys today at 866.936.7447 (toll free).

Michigan Discharge of Lien

Michigan Discharge of Lien

Obtain forms and information about Michigan Discharge of Lien here.

Once the Claim of Lien has been fully paid, the lien claimant must deliver to the owner or lessee, (or owner's agent) a true copy of recorded Discharge of Lien. This releases all rights to the property and informs all parties that the debt has been paid.

The Discharge of Lien should be recorded by the lien claimant at the county Register of Deeds to officially release the lien from the property. The lien claimant is responsible for providing a copy of the filed "Discharge of Lien" to the owner, lessee, or owner's agent.

§        Discharge of Lien must be recorded at Register of Deeds office upon full payment to release the Claim of Lien from the property.

§       Lien claimant is responsible for providing a copy of the filed “Discharge of Lien” to the owner, lessee or owner agent.

Contact one of our attorneys today at 866.936.7447 (toll free).

Michigan Full Unconditional Waiver

Michigan Full Unconditional Waiver

Obtain forms and information about the Michigan Full Unconditional Waiver here.

A waiver should always be given by a contractor, subcontractor or supplier whenever payment is made. In simple terms, it is a receipt for payment. But most importantly, it announces to the homeowner that the construction lien rights are being relinquished – either in full, if full payment is received; or in part, if partial payment was received.

Waivers are legal documents and must use prescribed wording. To be considered legal documents, and to serve the purpose for which they were designed, use the appropriate type of waiver as identified below. Be certain that the kind of waiver form that you sign is appropriate to the situation

FULL UNCONDITIONAL WAIVER states that full payment has been received and that there is no claim of lien against the homeowner's property.

Contact one of our attorneys today at 866.936.7447 (toll free).

Michigan Full Conditional Waiver

Michigan Full Conditional Waiver

Obtain forms and information about the Michigan Full Conditional Waiver here.

A waiver should always be given by a contractor, subcontractor or supplier whenever payment is made. In simple terms, it is a receipt for payment. But most importantly, it announces to the homeowner that the construction lien rights are being relinquished – either in full, if full payment is received; or in part, if partial payment was received.

Waivers are legal documents and must use prescribed wording. To be considered legal documents, and to serve the purpose for which they were designed, use the appropriate type of waiver as identified below. Be certain of the kind of waiver that you sign is appropriate to the situation.

FULL CONDITIONAL WAIVER states that as soon as full payment is received, or some condition of payment as agreed upon is met, there will be no claim of lien against the homeowner's property.

Contact one of our attorneys today at 866.936.7447 (toll free).

 

Michigan Partial Unconditional Waiver

Michigan Partial Unconditional Waiver

Obtain forms and information about the Michigan Partial Unconditional Waiver here.

A waiver should always be given by a contractor, subcontractor or supplier whenever payment is made. In simple terms, it is a receipt for payment. But most importantly, it announces to the homeowner that the construction lien rights are being relinquished – either in full, if full payment is received; or in part, if partial payment was received.

Waivers are legal documents and must use prescribed wording. To be considered legal documents, and to serve the purpose for which they were designed, use the appropriate type of waiver as identified below. Be certain of the kind of waiver that you sign is appropriate to the situation.

PARTIAL UNCONDITIONAL WAIVER is a "receipt" for partial payment which may still have a condition pending, or will be effective as soon as payment is received.

Contact one of our attorneys at 866.936.7447.

Michigan Conditional Waiver

Michigan Partial Conditional Waiver

Obtain forms and information about the Michigan Partial Conditional Waiver here.

A waiver should always be given by a contractor, subcontractor or supplier whenever payment is made. In simple terms, it is a receipt for payment. But most importantly, it announces to the homeowner that the construction lien rights are being relinquished – either in full, if full payment is received; or in part, if partial payment was received. Waivers are legal documents and must use prescribed wording. To be considered legal documents, and to serve the purpose for which they were designed, use the appropriate type of waiver as identified below. Be certain of the kind of Waiver that you sign is appropriate to the situation. PARTIAL CONDITIONAL WAIVER is a "receipt" for partial payment which may still have a condition pending, or will be effective as soon as payment is received. With partial waivers a balance may still be owing, or more work may remain to be done. A lien right still exists for any unpaid debts until the contract is paid in full.

Contact one of our attorneys today at 866.936.7447.

Michigan Sworn Statement

Michigan Sworn Statement

Obtain forms and information about a Michigan Sworn Statement here.

The Sworn Statement is an itemized list of all individuals who have provided improvements, materials or labor and an accounting of all monies due to them.

A homeowner, upon paying the contractor, should expect him or her to pay the subcontractors, suppliers or laborers on the construction project. The Sworn Statement indicates who is owed money, the amounts, and for what supplies or work done. This gives an official record of the items for which the contractor is billing the homeowner. By law, the contractor shall provide a sworn statement to the owner or lessee, when the contractor request payment or when a demand for the sworn statement has been made by or on behalf of the owner or lessee.

Homeowners please note: If you choose to pay a subcontractor, supplier or laborer directly without obtaining a Sworn Statement, you are taking a risk! Be sure to obtain one before making any payments to avoid having to pay twice if any problems should arise later.

§       Sworn Statement should list each subcontractor, supplier or laborer that the contractor or subcontractor is contracting with to complete the project while giving a detailed accounting the monies owed or spent

§       Contractor should provide a completed Sworn Statement to the owner or lessee upon request for payment, or upon request by or on behalf of the owner or lessee

§       Subcontractor should also provide a Sworn Statement if requested by the owner or lessee

§       Subcontractors should provide a Sworn Statement to the general contractor upon their request for payment.

Contact one of our attorneys today at 866.936.7447 (toll free).

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