I am an admin for a construction services company. We are working on a project at a company of FCA in the Detroit, MI area. We are under a National Maintenance Agreement. Do we still need to file an NOC under this agreement?
Mar 20, 2018
Good question! Whether or not an Notice of Commencement must be filed in Michigan will ultimately depend on whether the project is public or private. Of course, making this determination can be a nightmare all by itself. A helpful rule of thumb (though certainly not a black and white test) will be to base the decision on the ownership of the property. If the underlying project property is owned by a private business or an individual, that property is quite probably private property - and the owner must file a Notice of Commencement. If the property is owned by a state or local government (or some branch thereof) or by the federal government (or one of its many agencies), then the project will likely be considered as state, county, or federal - and no Notice of Commencement is required to be filed on Michigan public projects or on federal projects. If it's still ultimately unclear, deciding to file the NoC might be a safer decision than not filing - even if it's filed unnecessarily.