Notice of Furnishing-Private Work

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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.

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