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Documents used along the form
The Notice of Commencement is an important document in Michigan that signals the beginning of construction on a property. Several other forms and documents are often used in conjunction with this notice to ensure compliance with state laws and to protect the rights of all parties involved in a construction project. Below is a list of these related documents.
- Notice of Furnishing: This document is provided by subcontractors or suppliers to inform the property owner and general contractor that they have supplied materials or services for the project. It helps preserve their right to file a lien if payment is not received.
- Motor Vehicle Power of Attorney: This legal document allows a vehicle owner to appoint another person to manage their vehicle affairs. For more information, visit https://legalpdf.org/.
- Claim of Lien: If payment is not made for services or materials provided, a claimant can file a claim of lien against the property. This document establishes a legal claim on the property until the debt is settled.
- Construction Contract: This is a formal agreement between the property owner and the contractor outlining the scope of work, payment terms, and timelines. It serves as the foundation for the project and is crucial for legal and financial purposes.
- Change Order: A change order is used to document any changes to the original construction contract. It outlines modifications in scope, cost, or schedule and must be agreed upon by all parties involved.
- Certificate of Substantial Completion: This document is issued when the construction is sufficiently complete, allowing the owner to occupy or use the property. It often triggers the start of the warranty period and final payments.
- Final Waiver of Lien: This document is signed by contractors and suppliers to confirm that they have been paid in full for their work on the project. It releases any lien rights they may have against the property.
These documents play a crucial role in the construction process, ensuring that all parties are informed and protected. Proper use of these forms can help prevent disputes and facilitate smooth project completion.
Notice Commencement Michigan Preview
NOTICE OF COMMENCEMENT
State of Michigan
}§
County of
,being duly sworn, deposes and says:
To lien claimants and subsequent purchasers:
Take notice that work is about to commence on an improvement to the real property described in this instrument. A person having a construction lien may preserve the lien by providing a notice of furnishing to the below named designee and the general contractor, if any, and by timely recording a claim of lien, in accordance with the law.
A person having a construction lien arising by virtue of work performed on this improvement should refer to the name of the owner or lessee and the legal description appearing in this notice. A person subsequently acquiring an interest in the land described is not required to be named in the claim of lien.
A copy of this notice with an attached form for notice of furnishing may be obtained upon making a written request by certified mail to the named owner or lessee; the designee; or the person with whom you have contracted.
The legal description of the real property on which the improvement is to be made is:
The name, address and capacity of the owner or lessee of the real property contracting for the improvement is:
Name:
Address:
Capacity:
The name and address of the fee owner of the real property if the person contracting for the improvement is a land contract or lessee, is:
Name:
Address:
The name and address of the owner’s or lessee’s designee is:
Name:
Address:
The name and address of the general contractor, if any is:
Name:
Address:
WARNING TO PROPERTY OWNER, LESSEE OR DESIGNEE
MICHIGAN LAW REQUIRES THAT YOU DO THE FOLLOWING:
1.Before the commencement of any actual physical improvement, the owner or lessee shall record in the office of the register of deeds this notice of commencement.
2.Complete and return this form to the person who formally request in writing, within 10 days after the postmark on the request. The completed form shall be provided with a blank notice of furnishing to the requestor.
3.Provide a copy of this notice to the general contractor.
4.Post and keep posted a copy of this notice in a conspicuous place on the real property during the course of the actual physical improvement project.
_____________________________ |
_________________________________ |
|
(Printed Name and Capacity) |
(Signature of Owner, Lessee or Designee) |
|
Prepared by:
Name:
Address:
Subscribed, sworn to and acknowledged before me this |
|
day of |
|
||
NOTARY PUBLIC: |
My commission expires: |
|
|||
County, MI
(Signature/Printed Name)
Similar forms
- Notice of Intent to Lien: Similar to the Notice of Commencement, this document informs property owners and other stakeholders that a contractor intends to file a lien against the property if payment is not received. Both documents serve to protect the rights of contractors and subcontractors.
- Mechanic's Lien: This legal claim is filed against a property when a contractor or subcontractor has not been paid for work performed. Like the Notice of Commencement, it establishes the right to seek payment and requires specific information about the property and parties involved.
- Construction Contract: This agreement outlines the terms between the property owner and the contractor. Both documents detail responsibilities and expectations, ensuring that all parties are aware of their obligations during the construction process.
- Notice of Completion: This document notifies interested parties that the construction project is complete. Similar to the Notice of Commencement, it serves to inform stakeholders about the status of the property and any potential claims related to the project.
- Change Order: This document modifies the original construction contract to reflect changes in the scope of work. Both the Change Order and Notice of Commencement are critical for maintaining clear communication and documentation throughout a project.
- Certificate of Occupancy: Issued by local authorities, this document certifies that a building is safe for occupancy. Like the Notice of Commencement, it is essential for ensuring compliance with local regulations and protecting the rights of all parties involved.
- Promissory Note: The legal documentation involved in securing loans, such as a Minnesota Promissory Note, details the amount owed and expected repayment terms, and can be found at https://promissoryform.com/blank-minnesota-promissory-note/.
- Subcontractor Agreement: This document outlines the relationship between a general contractor and subcontractors. Similar to the Notice of Commencement, it establishes roles and responsibilities, ensuring that all parties understand their commitments to the project.
- Warranty Deed: This legal document transfers ownership of property and guarantees that the title is clear of any liens or encumbrances. Both the Warranty Deed and Notice of Commencement play important roles in property transactions and legal protections for owners and contractors alike.
More PDF Documents
Waiver Agreement - If represented by a legal aid program, list its name on the form.
Michigan State Jobs - It helps landowners initiate the process to withdraw their land from a preservation program.
When dealing with worker's compensation claims, it is essential to understand the importance of the Georgia WC-3 form, as it plays a vital role in disputing claims effectively. By submitting this form, individuals notify the State Board of Workers' Compensation of their intent to challenge compensation eligibility. Familiarizing oneself with the nuances of this process, including resources like Forms Georgia, can provide invaluable assistance in navigating claims and ensuring that all necessary steps are taken for a fair outcome.
How to Fill Out a Conditional Waiver and Release on Progress Payment - This document helps prevent future disputes regarding lien rights.
Misconceptions
Misconceptions about the Notice Commencement Michigan form can lead to confusion and potential legal issues. Here are nine common misconceptions along with clarifications:
- Only the property owner needs to file the notice. In fact, the lessee or designated representative can also file the Notice of Commencement.
- The form is optional. This notice is a legal requirement in Michigan before starting any physical improvements on the property.
- Filing the notice is the only requirement. Owners must also provide a copy of the notice to the general contractor and post it on the property.
- The notice protects only the property owner. It actually protects all lien claimants by informing them of the project and their rights.
- Anyone can file a lien without notifying the owner. To preserve a lien, a notice of furnishing must be provided to the owner and the general contractor.
- The notice does not need to be recorded. Michigan law mandates that the notice be recorded in the office of the register of deeds before any work begins.
- Only contractors need to be aware of the notice. All parties involved, including subcontractors and suppliers, should be informed of the notice.
- There is no time limit for filing a lien. There are specific timelines for filing a claim of lien after providing a notice of furnishing.
- The legal description of the property is not important. The legal description is critical as it identifies the specific property involved in the improvement.
Understanding these misconceptions can help ensure compliance with Michigan's construction lien laws and protect the interests of all parties involved in a construction project.
Detailed Instructions for Using Notice Commencement Michigan
Filling out the Notice of Commencement form in Michigan is an essential step before starting any improvement project on non-residential property. This form ensures that all parties involved are informed and helps protect the rights of those providing labor or materials. Follow these steps to complete the form accurately.
- Begin by entering the County where the property is located.
- Provide the legal description of the real property where the improvement will take place.
- Fill in the name, address, and capacity of the owner or lessee contracting for the improvement.
- If applicable, list the name and address of the fee owner of the real property.
- Identify the name and address of the owner’s or lessee’s designee.
- If there is a general contractor, include their name and address as well.
- Sign the form, including your printed name and capacity.
- Have the form notarized by a notary public, ensuring to include their signature and commission expiration date.
Once the form is completed, it needs to be recorded in the office of the register of deeds before any physical work begins. Make sure to provide copies to the general contractor and keep a posted copy on the property throughout the project. This will help ensure compliance with Michigan law and protect your interests during the improvement process.
Dos and Don'ts
When filling out the Notice Commencement Michigan form, it is important to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do:
- Do provide accurate information about the property, including the legal description.
- Do include the name, address, and capacity of the owner or lessee.
- Do record the notice of commencement with the office of the register of deeds before starting any physical work.
- Do return the completed form to the requester within 10 days of their written request.
- Do provide a copy of the notice to the general contractor, if applicable.
- Do post the notice in a conspicuous location on the property during the improvement project.
- Don't leave any sections of the form blank; all required fields must be filled out.
- Don't forget to sign the form; an unsigned form may be considered invalid.
- Don't submit the form after the commencement of physical work; it must be done beforehand.
- Don't ignore requests for additional information or documentation from lien claimants.