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Does a Notice of Commencement need to be recorded in order to send out Notice of Furnishings?

Michigan
Anonymous Subcontractor

A subcontractor without experience in the process of Leins

2 replies

Attorney at James T. Weiner & Associates
| 8 reviews
Aug 18, 2022
No but its nice and its supposed to be recorded and posted on the job. Failure to post and record a notice of commencement gives subs and suppliers more time to file a notice of furnishing. What you need to remember is 1) Your lien MUST BE FILED WITHIN 90 DAYS OF YOUR LAST DATE OF WORK AT THE SITE, and 20 if the general contractor is following proper invoicing procedures the GC will give the owner a sworn statement of what is owed and to whom. The owner is allowed to rely on it UNLESS you provide a notice of furnishing. Typically if no Notice of Commencement is posted and recorded nobody is following the Construction Lien Act and only #1 is relevant.
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No. but its nice if it has been recorded and posted on the job.
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