Menu
Home>Levelset Community>Legal Help>Does the general contractor have to supply the homeowner with a copy of the Sworn Statement that is provided to the financial institution for draws?

Does the general contractor have to supply the homeowner with a copy of the Sworn Statement that is provided to the financial institution for draws?

MichiganPayment Disputes
Anonymous Contractor

I am building a home. The credit union wants my signature for a draw to pay the general. The general has supplied the credit union with a sworn statement. I requested a copy of the sworn statement from the general. He refused and stated that he hasn't provided a sworn lien statement to a homeowner in 30 years.

1 reply

Matt Viator
Construction Lawyer
Levelset Admin at Levelset
| 999 reviews
Jan 4, 2019
I'll assume this is in reference to the Sworn Statement that's required under § 570.1110 of the Michigan Construction Lien Act. Under that section, when payment is due to the contractor, that contractor must provide a sworn statement when requesting payment. However, under § 570.1110(1), a contractor shall provide a sworn statement to the owner (a) when payment is due and (b) when the owner demands it. Where a lender is involved in a project, often, that lender will demand that the contractor provide them with a sworn statement - and a lender make make that request on an owner's behalf. Still, if an owner also requests that sworn statement - the owner is entitled to receive it. Plus, merely asking for a copy of a sworn statement that's already been produced doesn't seem like it should be that much of a burden or concern. Finally, asking the lender for a copy of that sworn statement might also get the job done - the owner is entitled to that information anyway, and whatever issue a GC may have with providing that statement to the owner might not be present with the lender.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not
act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...
0 people found this helpful
Helpful
Other questions about Payment Disputes in Michigan
1 answer
1 answer
2 answers
Related Topics
Back ChargesBankruptcyBond ClaimsBonding Off LienCanadaCash FlowChange OrdersCollectionsConstruction AccountingConstruction ContractCoronavirusCredit ManagementDefectsDesign ProfessionalFactoringForeclosureJoint ChecksLawsuitLegal Property DescriptionLicensesLien DeadlinesLien ForeclosureLien on FundsLien PriorityLien ReleasesLien WaiversMechanics LienMiller ActMonthly NoticeNotice of CommencementNotice of CompletionNotice of Intent to LienNotice of TerminationPay ApplicationsPay When PaidPayment BondPayment DisputesPerformance BondPreliminary NoticePrevailing WagesPrompt PaymentRecovery OptionsRetainageRight to LienSchedule of ValuesSlow PaymentStimulusStop NoticeSubstantial CompletionPayment AcademyCapitalInsuranceMaterialsFinancing