WHY send a Notice of Furnishing?
To protect your right to file a mechanics lien! Sending preliminary notice is the key first step to protecting lien rights, and in Michigan, this form is called a Notice of Furnishing. You can’t file a claim of lien without sending one of these notices.
WHO must send preliminary notice in the State of Michigan? And to whom?
As per the Michigan Construction Lien Act, general contractors are required to provide a list of all subcontractors and suppliers, if requested. Any party who does not have a direct contract with the real property owner (or the owner’s agent) MUST provide a Notice of Furnishing. On residential construction projects, a Sworn Statement must be provided to the owner (by the GC) and to the GC (by subcontractors) before final payment or payment for progress.
Keep in mind: You can always check out our Michigan lien law resources page if you have further questions.
WHAT should you include in the Michigan Notice of Furnishing?
Michigan provides a preferred preliminary notice form. Download the free Notice of Furnishing form here:
Click to Download Michigan Notice of Furnishing
As a preview, you’ll need to include the following information in your NOF:
- Name of designee from the notice of commencement
- The address from the notice of commencement
- The name and address of the other contracting party
- The name of county
- A description of the type of work
- The name and address of lien claimant (you)
- The name and address of party signing for the lien claimant
- The address of the party signing
WHEN do I send a Notice of Furnishing in Michigan?
For subcontractors, suppliers, any lien claimant, and parties not directly contracted with the owner, the Michigan Notice of Furnishing must be sent within 20 days of first furnishing labor and/or materials. Laborers must submit notice within 30 days from when wages were due. The Sworn Statement should be provided when requested or when payment is due.
Keep in mind:
- It may be a good idea to send notice sooner rather than later because the owner is not liable for amounts already paid to the general contractor prior to receiving notice.
- Better late than never! Late construction liens will only reduced by the amount the owner paid prior to receiving the notice.
HOW do I send a Michigan Notice of Furnishing?
You should serve the Michigan Notice of Furnishing to the owner (or the owner’s designee as designated by the notice of commencement) and the general contractor either by personal service or by certified mail, return receipt requested.
You may have noticed that you may need the notice of commencement in order to file a Notice of Furnishing in Michigan. Here’s a page dedicated to Michigan Notices of Commencement.
What Else Should I Know?
When it’s time to file the claim of lien at your county’s register of deeds, you’ll need to include proof of service of the Notice of Furnishing. You can find this Michigan law statute here: § 570.1111