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Documents used along the form

The Michigan Sworn form is often used in construction and contracting situations to provide a clear statement regarding payments due to subcontractors, suppliers, and laborers. Several other documents complement this form, ensuring all parties are aware of their rights and obligations. Below is a list of commonly used forms and documents in conjunction with the Michigan Sworn form.

  • Notice of Furnishing: This document informs the property owner that a subcontractor or supplier has provided materials or services for a construction project. It establishes the right to file a lien if payment is not received.
  • Construction Lien Claim: A formal claim filed by subcontractors or suppliers against a property when payment for services or materials is not made. This document secures the right to seek payment through the property itself.
  • Affidavit of Gift Form: For individuals looking to transfer gifts legally, the reliable Affidavit of Gift form resources provide the necessary proof and documentation.
  • Contractor’s Affidavit: This affidavit confirms that all subcontractors and suppliers have been paid in full for their work on a project. It is often required before the final payment is made to the contractor.
  • Release of Lien: A document that releases a property from a lien claim, indicating that the debt has been satisfied. This ensures that the property can be sold or refinanced without encumbrances.
  • Payment Application: This form is submitted by contractors to request payment for work completed. It details the work performed and the amount due, serving as a basis for payment processing.

Understanding these documents is essential for anyone involved in construction projects in Michigan. They help protect the rights of all parties and ensure that payments are made in a timely manner. Always consult with a professional to ensure compliance with local laws and regulations.

Michigan Sworn Preview

SWORN STATEMENT

 

State of

 

County of

 

being duly sworn, deposes and says that

is the contractor/subcontractor for an

improvement to the following described real property situated in

County, Michigan described as follows

Project Name:

 

Address

 

That the following is a statement of each subcontractor and supplier and laborer, for which the payment of wages or fringe benefits and withholdings is due but unpaid, with whom the contractor/subcontractor has contracted/subcontracted for performance under the contract with the owner or lessees thereof, and that the amounts due to the persons as of the date hereof are correctly and fully set forth opposite their names as follows:

 

Subcontractor,

Type of Improvement

Total

Adjusted

Amount

Amount

Balance to

No.

Contract

Contract

Currently

Supplier, or Laborer

Furnished

Already Paid

Complete

 

Price

Price

Owing

 

 

 

 

 

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Totals

 

 

 

 

 

 

 

 

 

 

 

 

 

That the contractor has not procured material from, or subcontracted with, any person other than set forth and owes no money for the improvement other than the sums set forth above.

Deponent further says that he or she makes the foregoing statement as the (contractor) (subcontractor)

or as of the (contractor) (subcontractor) for the purpose of representing to the owner or lessee of the above described premises and his or her agents that the above described property is free from claims of construction liens, or the possibility of construction liens, except as specifically set forth above and except for claims of construction liens by laborers which may be provided pursuant to section 109 of the construction lien act, Act NO. 497 of the Public Acts of 1980, as amended, being section 570.1109 of the Michigan Compiled Laws.

WARNING TO OWNER: AN OWNER OR LESSEE OF THE ABOVE DESCRIBED PROPERTY MAY NOT RELY ON THIS SWORN STATEMENT TO AVOID THE CLAIM OF A SUB-CONTRACTOR SUPPLIER, OR LABORER WHO HAS PROVIDED A NOTICE OR FURNISHING OR A LABORER WHO MAY PROVIDE A NOTICE OF FURNISHING PURSUANT TO SECTION 109 OF THE CONSTRUCTION LIEN ACT TO THE DESIGNEE OR TO THE OWNER OR LESSEE IF THE DESIGNEE IS NOT NAMED OR HAS DIED

WARNING TO DEPONENT: A PERSON, WHO WITH INTENT TO DEFRAUD, GIVES A FALSE SWORN STATEMENT IS SUBJECT TO CRIMINAL PENAL TIES AS PROVIDED IN SECTION 110 OF THE CONSTRUCTIN LIEN ACT. ACT NO. 497 OF THE PUBLIC ACTS OF 1980, AS AMENDED, BEING SECTION 570.1110 OF THE MICHIGAN COMPILED LAWS.

 

 

 

Deponent

Subscribed and sworn to before me this

 

day of

 

20 _____

 

 

Notary Public,

 

County, Michigan

My commission expires:

 

 

 

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Similar forms

  • Affidavit of Payment: This document serves a similar purpose by affirming that all payments to subcontractors and suppliers have been made. Like the Michigan Sworn form, it is sworn under oath, ensuring accountability in the payment process.
  • Release of Lien: A release of lien is often used to confirm that a contractor or subcontractor has received payment and waives any future claims against the property. This document, like the Michigan Sworn form, helps protect property owners from potential claims related to unpaid work.
  • Last Will and Testament: This important document details how an individual's estate will be distributed after death and ensures that wishes align with the law. For more information, visit Forms Georgia.
  • Contractor’s Statement of Account: This statement provides a detailed account of all financial transactions between the contractor and the property owner. Similar to the Michigan Sworn form, it outlines amounts due and paid, ensuring transparency in financial dealings.
  • Notice of Intent to Lien: This document notifies property owners of a contractor's intention to file a lien due to non-payment. Like the Michigan Sworn form, it emphasizes the importance of timely payments to avoid legal claims against the property.

Misconceptions

  • Misconception 1: The Michigan Sworn form guarantees payment to all subcontractors and suppliers.
  • This form does not guarantee payment. It only states that certain amounts are due and unpaid as of the date of the statement. Payment is still contingent on other factors.

  • Misconception 2: Once the form is submitted, the contractor is free from all claims.
  • The form does not absolve the contractor from all claims. It only addresses specific claims listed in the statement. Other claims may still exist.

  • Misconception 3: The form can be used to avoid all construction lien claims.
  • This is incorrect. The form warns that owners or lessees cannot rely on it to avoid claims from subcontractors or laborers who have provided proper notice.

  • Misconception 4: The contractor can include any unpaid amounts on the form.
  • The contractor must only include amounts that are correctly and fully set forth. Misrepresentation can lead to legal consequences.

  • Misconception 5: Notaries are responsible for verifying the truth of the statements made.
  • Notaries only witness the signing of the document. They do not verify the accuracy of the information provided in the sworn statement.

  • Misconception 6: This form is optional for contractors and subcontractors.
  • The form is often a requirement for certain contracts and is essential for ensuring compliance with Michigan's construction lien laws.

Detailed Instructions for Using Michigan Sworn

Completing the Michigan Sworn form requires careful attention to detail. This document serves as a declaration by contractors or subcontractors regarding payments owed to subcontractors, suppliers, and laborers for work performed on a property. Below are the steps to accurately fill out the form.

  1. Begin by entering the State and County at the top of the form.
  2. Fill in the name of the contractor/subcontractor who is making the sworn statement.
  3. Provide the Project Name and Address of the property where the improvement is taking place.
  4. List each subcontractor, supplier, or laborer in the designated sections. Include their names and the type of improvement they are associated with.
  5. For each listed entity, fill in the Total Contract Price, Adjusted Amount, Amount Already Paid, and Balance Owing.
  6. Calculate the Totals for each column at the bottom of the list.
  7. State that the contractor has not procured materials from or subcontracted with anyone other than those listed, and confirm that no additional money is owed beyond what is stated.
  8. Indicate whether the deponent is the contractor or subcontractor by checking the appropriate box.
  9. Sign the form as the deponent and date it.
  10. Have the document notarized by a Notary Public, who will also fill in their information and the expiration date of their commission.

Dos and Don'ts

When filling out the Michigan Sworn form, it is important to follow specific guidelines to ensure accuracy and compliance. Here are five things to do and not do:

  • Do: Provide accurate information about the contractor or subcontractor.
  • Do: List all subcontractors, suppliers, and laborers involved in the project.
  • Do: Ensure that the amounts due are clearly stated next to each name.
  • Do: Sign the form in front of a notary public.
  • Do: Double-check for any missing information before submission.
  • Don't: Omit any subcontractors or suppliers from the list.
  • Don't: Provide false information or inflate amounts owed.
  • Don't: Ignore the warnings about potential legal consequences.
  • Don't: Forget to include the project name and address.
  • Don't: Submit the form without a notary's signature if required.