Notice of Claim-Public Work

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 FWM Software. Nor does FWM Software 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.

Document Title: Notice of Claim on Bond and Lien for Public Improvement.

Scope: State of Michigan, Public Works.

Time Constraints: You must have served both an Initial Notice of Claim on Bond and a Second Notice of Claim on Bond on all required parties before you can establish public lien rights in the State of Michigan. Failure to do so may negate your lien rights. See the State of Michigan memo on Preliminary Notices, Public Works, and Michigan Lien Warning Notice, Public Works, for more information.

If you have not been paid in full, you must serve your Notice of Claim on Bond and Lien for Public Improvement Notice within 90 days, inclusive, of the completion, or cessation, of your work of improvement. Serve a copy of said notice on the public entities and, if they exist, the general contractors, and sureties.

Subcontractors may make a claim directly on the Public Works Bond. Subcontractors and Material men file suit against the payment bond for recovery.

Perfection: To perfect your claim on payment bond, you must file suit to enforce the lien within 1 year from the time the final payment was made to the prime contractor.

Payment Bond: Where a Payment Bond has been provided by a surety, after you have served a copy of the Notice of Claim on the surety file suit against the surety within the time frame required by the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect you lien claims.

Information Requirements: Program information and information for Exhibits A-D and any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. Public entities and sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Claim on Bond and Lien for Public Improvement and Exhibits A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim immediately on the public entities, general contractors and sureties, if known.

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