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initial notice of commencement timeframe

If we miss our 20 day mark of sending out a notice of commencement to our customer can we send the notice when we return on the jobsite for delivery of materials or labor to finish the job? Also if the customer requests a change in the original estimate to add or remove something could that allow us to send another notice out?

1 reply

Feb 3, 2020

Hello, I think you mean Notice of Furnishing, rather than a Notice of Commencement. The short answer to your question is Yes. Maybe. First, you may not need to serve a Notice of Furnishing if you have a direct contract with the Owner of the property. Second, a late Notice of Furnishing, served when you return to a job site will protect you for labor and materials furnished after you serve notice. You may not be protected for labor and materials furnished before serving notice, however. Longer Answer: Under Section 109(1) of Michigan's lien statute, "a subcontractor or supplier who contracts to provide an improvement to real property shall provide a notice of furnishing to the designee and the general contractor, if any, as named in the notice of commencement at the address shown in the notice of commencement, either personally or by certified mail, within 20 days after furnishing the first labor or material." MCL 570.1109(1). However, "A contractor is not required to provide a notice of furnishing to preserve lien rights arising from his or her contract directly with an owner or lessee." MCL 570.1109(1). A late Notice of Furnishing is not fatal for a lien claim. Section 109(5) provides "The failure of a lien claimant to provide a notice of furnishing within the time specified in this section shall not defeat the lien claimant's right to a construction lien for work performed or materials furnished by the lien claimant after the service of the notice of furnishing." (MCL 570.1109(5)). I hope this answers your question.

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