What does a notice of commencement mean?

The Notice of Commencement (sometimes called a Notice of Project Commencement, a Notice of Contract, or Affidavit of Commencement) is most simply explained as a document that formally designates the beginning of a construction project.

What is a commencement letter?

The Notice of Commencement (sometimes called a Notice of Project Commencement, a Notice of Contract, or Affidavit of Commencement) is most simply explained as a document that formally designates the beginning of a construction project.

How do I file a construction lien in Michigan?

In Michigan, a mechanics lien, called a Claim of Lien, must be filed with the Register of Deeds within 90 days after the lien claimant last furnished labor or materials to the project.

How do I file a notice of commencement in Michigan?

Michigan statutes state that a Michigan notice of commencement must be filed: in the office of the register of deeds for each county in which the real property to be improved and that the owner, lessee, or designee shall post and keep posted a copy of the notice of commencement in a conspicuous place on the real

How do I file a notice of commencement in Palm Beach County?

Submit documents to be recorded electronically. Mail documents to: Clerk of the Circuit Court & Comptroller, Palm Beach County. Recording Department. PO Box 4177. West Palm Beach, FL 33402-4177.

What does a notice of furnishing mean?

Notice of Furnishing is the term for preliminary notice in four states.Most parties who furnish labor and/or materials on construction projects need to send these notices in order to secure lien rights.

How do I fill out a Notice of Commencement in Michigan?

The legal description of the real property. The basic information and address of the owner (or lessee) The name and address of the fee owner of the real property, if the person contracting for the improvement is a land contract vendee or lessee.

What is a Notice of Furnishing in Michigan?

A Notice of Furnishing is a type of preliminary notice that must be provided to a property owner by a subcontractor, contractor, laborer, or supplier as a condition to obtaining a later mechanic's lien covering the full amount of labor or supplies.

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Michigan Notice of Commencement - Individual

Michigan Notice of Commencement - Individual

Category:

Liens - Construction - Mechanics

State:

Michigan

Control #:

MI-01-09

Format:

Instant download

Understanding this form

The Notice of Commencement is a legal document filed by a property owner before beginning improvements on a property. Its primary purpose is to notify relevant parties that construction is set to start, which may lead to a lien on the property. This form is essential for safeguarding the rights of contractors, subcontractors, and laborers who may work on the property and ensures they are informed about the project's initiation.

Form components explained

Name and contact information of the property owner
Legal description of the property, including tax identification number
Name and address of the general contractor, if applicable
Designation of a person for lien claim notifications
Signature and capacity of the property owner or lessee
Notary acknowledgment section

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Situations where this form applies

This form should be used when a property owner plans to start construction, renovation, or any improvement on their real property. By filing the Notice of Commencement, the owner informs all interested parties about the upcoming work, which is necessary to protect the legal rights of those who may file a construction lien for unpaid services.

Who can use this document

Property owners who are initiating improvements on their property
Lessees undertaking significant construction projects.
General contractors coordinating projects and needing to inform subcontractors.
Anyone intending to protect their rights and ensure compliance with state regulations.

How to prepare this document

Identify the property owner and complete the name and contact fields.
Provide a detailed legal description of the property, including tax ID number.
List the general contractor's name and address, if applicable.
Specify the designee for lien claim notifications.
Sign the document in the presence of a notary public.
Submit the completed form to the relevant authorities and give copies to concerned parties.

Notarization requirements for this form

To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.

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Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Common mistakes

Failing to provide a complete legal description of the property.
Not notifying all necessary parties involved in the construction.
Neglecting to obtain a notarization, if required.
Not adhering to the ten-day compliance rule for returning the form.

Why use this form online

Convenient downloadable format allows for immediate use.
Easily editable to fit specific project details and requirements.
Access to reliable templates drafted by licensed attorneys.

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FAQ

The Michigan Notice of Commencement - Individual is a legal document filed by a property owner before starting improvements to notify interested parties that work will begin and to safeguard lien rights for those who may file a lien. It helps inform contractors, subcontractors, and laborers about the project and identifies who should receive lien-notification information.

This form is the document used to notify parties before construction begins and to help preserve lien rights. It is filed by the property owner and includes owner and property details, the contractor’s information if applicable, a designated lien-notification contact, and a notary acknowledgment. Whether filing is mandatory depends on Michigan law and the project, but the form facilitates the notice process.

Typically the property owner (or lessee) prepares the Notice of Commencement using this form, supplying the owner’s name and contact information, the property's legal description (including tax ID), the general contractor’s name and address if any, the person designated to receive lien-claim notifications, and the owner’s signature and capacity with a notary.

Use this form by filling in the owner’s name and contact details, the property's legal description (including tax ID), the general contractor’s name and address if applicable, and the designated lien-claim notification contact. The owner or lessee then signs in their capacity and completes the notary acknowledgment.

The form requires the property owner’s name and contact information, the property's legal description (including tax identification number), the general contractor’s name and address (if applicable), a designated person for lien-claim notifications, the owner’s or lessee’s signature and capacity, and a notary acknowledgment.

This version is tailored for individuals, as indicated by the title, and includes fields for designating a lien-claim notification contact and a notary acknowledgment. It emphasizes use by property owners or lessees and the specific components needed to notify parties before construction begins.

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Notice of Commencement - Individual

Note: This summary is not intended to be an all-inclusive discussion of Michigan's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every state permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their state should always consult their state statutes directly.

Who can file a lien in this state?

Michigan law permits any contractor, subcontractor, supplier, or laborer, who provides an improvement to real property to claim a lien. The value of the lien may not exceed the amount of the claimant's contract less payments made on the contract. M.S.A. Â§ 570.1107.

How long does a party have to file a lien?

A contractor, subcontractor, laborer, or supplier, must file a Claim of Lien form in the register of deeds office within ninety (90) days after the lien claimant's last furnishing of labor or material. M.S.A. Â§ 570.1111.

By what method is a lien filed in this state?

Michigan statutes provide a form with which a lien claimant may record a Claim of Lien in M.S.A. Â§ 570.1111. The required form sets out names or interested parties as well as the labor or material provided and the amount due and owed. Proof of service of a Notice of Furnishing is required to be attached to a lien claim filed by a subcontractor, supplier, or laborer. M.S.A. Â§ 570.1111

How long is a lien good for?

Proceedings for the enforcement of a construction lien may not be brought later than one (1) year after the date the claim of lien was recorded. M.S.A. Â§ 570.1117

Are liens assignable?

Yes. A lien may be assigned to another party who shall have the same power to enforce the lien and shall be subject to the same obligations. M.S.A. Â§ 570.1125.

Does this state require or provide for a notice from subcontractors and laborers to property owners?

Yes. Michigan law requires a subcontractor or supplier who provides improvements to real property to issue a Notice of Furnishing to the designee and the general contractor, if any, named in the Notice of Commencement. Service must be made by personal delivery or certified mail within twenty (20) days after furnishing the first labor or material. While failure to file a Notice of Furnishing timely does not defeat a lien claimant's right to a lien, it may affect a lien claimant's right to pursue payment for work done prior to the filing of the notice. The form used must be substantially similar to the one set out in M.S.A. Â§ 570.1109.

Also, a lien claimant must provide to the property owner who requests in writing, a statement of the amount of labor and material furnished to the date of the statement, any amount remaining due, and the contractual work remaining to be done. (Please see MI-13-09, MI-15-09). M.S.A. Â§ 570.1113(2).

Does this state require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Yes. Michigan law requires a property owner to provide a copy of the contract between the contractor and the owner, as well as a statement of the amount due and unpaid on that contract to any lien claimant who makes a written request for same. (Please see MI-12-09, MI-14-09). M.S.A. Â§ 570.1113(1).

Does this state require a notice prior to starting work, or after work has been completed?

Yes. Michigan law requires the property owner to record a Notice of Commencement in the office of the register of deeds prior to the commencement of any actual physical improvements to real property. The Notice must be posted in a conspicuous place on the property. Any party with an interest in the property may request that the owner, contractor, or subcontractor, provide them with a copy of the Notice. Failure to do so will result in the party failing to honor the request being held liable for any damages that result from the failure. Failing to record the Notice as required will extend the time under which individual lien claimants can file their Notice of Furnishing. Please note that these requirements do not apply to improvements to a residential structure. M.S.A. Â§ 570.1108.

An owner of a residential structure being improved need only supply a Notice of Commencement if a contractor, subcontractor, supplier, or laborer has made a written request. Michigan law sets out the form that must be used in M.S.A. Â§ 570.1108a.

Every Notice of Commencement should have a blank Notice of Furnishing attached. M.S.A. Â§ 570.1108a.

At the completion of work, when payment is due, the contractor is required to provide the owner with a Sworn statement which details the parties who worked on the project and how much they are still owed. Michigan statutes require the sworn statement to be substantially in the same form as provided in M.S.A. Â§ 570.1110. The property owner, after receiving the sworn statement, may withhold on his own initiative, or at the request of the contractor, an amount sufficient to pay all sums which are due to subcontractors, suppliers, or laborers. A contractor is not entitled to any payment or to file a suit to enforce his lien until the statement is filed. M.S.A. Â§ 570.1110(6)-(8).

Does this state permit a person with an interest in property to deny responsibility for improvements?

No. Michigan does not appear to have a Notice of Non Responsibility provision as in some other states.

Is a notice attesting to the satisfaction of a lien provided for or required?

Yes. Michigan statutes contain several versions of a waiver form. These forms are used by a contractor and delivered to the property owner as payments on the construction project are received, and in that way act as a receipt of payment. There are four waiver forms provided: Partial Unconditional, Partial Conditional, Full Unconditional, Full Conditional. All forms permit a contractor to attest in writing that either part or all of a contractor's lien claim is being waived. Further, the contractor can use the partial forms to only release part of his claim in response to a partial payment and may use the conditional forms to only waive part or all of a claim conditional upon a payment being made. M.S.A. Â§ 570.1115.

By what method does the law of this state permit the release of a lien?

Michigan statutes state that when any claim of lien has been fully paid, the lien claimant shall deliver to the owner or his representative a certificate, witnessed and acknowledged in the same manner as a discharge of mortgage, that the claim has been paid and is now discharged. M.S.A. Â§ 570.1127(1).

Also, if the time within which to enforce a lien has elapsed, any party with an interest in the property may make an affidavit to the county clerk attesting to the fact that time has elapsed. If the affidavit is on order, the clerk should issue a certificate to that effect that may be recorded rendering the lien ineffective. M.S.A. Â§ 570.1128.

Does this state permit the use of a bond to release a lien?

Yes. Michigan statutes permit a lien to be vacated and discharged if a bond in the amount of twice the lien amount is filed with the county clerk and a copy provided to the lien claimant. The bond may be either in cash or surety form. M.S.A. Â§ 570.1116.