WHY send a Notice of Furnishing?
To protect your right to file a lien! Sending preliminary notice is the key first step to protecting lien rights, and in Michigan, this form is called a Notice of Furnishing.
WHO must send preliminary notice in Michigan? And to whom?
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 property owner (or the owner’s agent) MUST provide a Notice of Furnishing. On residential 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 resources page if you have further questions.
WHAT is included in a Michigan Notice of Furnishing?
Michigan provides a preferred preliminary notice form. Download the free Notice of Furnishing form here:
WHEN do I send a Notice of Furnishing in Michigan?
For subcontractors, suppliers, 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 advisable to send notice sooner rather than later because the owner is not liable for amounts already paid to the GC prior to receiving notice.
- Better late than never! Late liens will only reduced by the amount the owner paid prior to receiving the notice.
HOW do I send a Michigan Notice of Furnishing?
Michigan Notice of Furnishing should be served on the owner (or the owner’ designee as designated by the notice of commencement) and the GC either by personal service or by certified mail, return receipt requested.