Menu
Home>Levelset Community>Legal Help>Do I need to submit a sworn statement before filing Mechanic's Lien?

Do I need to submit a sworn statement before filing Mechanic's Lien?

Michigan

We are a subcontractor to a GC on a project. I have submitted a letter stating that if we do not receive payment by 10/7 we will be filing a Notice of INtent to File Lien. They did pay us once in July but they did not request a waiver or sworn statement. Do I need to submit any type of sworn statement before filing a lien?

1 reply

Oct 6, 2022

First, Michigan does not utilize notices of intent to file liens. If you've completed your work, or the owner has prevented you from completing your work, you have 90 days from your last date of work to record a Claim of Lien. Don't be talked past your 90 days! (Depending on other facts not presented, you might also have to serve a Notice of Furnishing and attach the Proof of Service of NOF to your Claim of Lien. )

Second, with regard to sworn statements, under Section 110 of Michigan's Construction Lien Act, a contractor must provide a sworn statement (a) when payment is due to the contractor from the owner or lessee or when the contractor requests payment from the owner or lessee; and (b) when a demand for the sworn statement has been made by or on behalf of the owner or lessee.  

Subcontractors also have to provide sworn statements, but I understand you to be a contractor. 

When in doubt, furnish a sworn statement. Be sure its signed and notarized (and truthful).
 

0 people found this helpful
Helpful