Notice of Furnishing - Michigan

NOTICE OF FURNISHING

Michigan Construction Lien Act — Mich. Comp. Laws § 570.1109

1. ROLE AND TIMING

Claimant role:

☐ Subcontractor or supplier — provide notice personally or by certified mail within 20 days after first furnishing labor or material.

☐ Laborer with contractually due unpaid wages — provide notice personally or by first-class mail within 30 days after wages were contractually due but unpaid.

☐ Laborer with unpaid fringe benefits or wage withholdings — use the separate timing in § 570.1109(3).

☐ Contractor directly contracting with owner or lessee — a Notice of Furnishing is not required under § 570.1109(1) to preserve rights arising from that direct contract.

• First furnishing date: [DATE]
• Applicable deadline: [DATE]
• Notice date: [DATE]

Sections 108 and 108a contain exceptions and special rules that must be checked by Michigan counsel.

2. NOTICE

To: [NAME OF DESIGNEE FROM NOTICE OF COMMENCEMENT]

Address: [ADDRESS FROM NOTICE OF COMMENCEMENT]

If no designee was named or the designee has died, address the notice to the owner or lessee named in the Notice of Commencement.

Please take notice that the undersigned is furnishing to:

[NAME AND ADDRESS OF OTHER CONTRACTING PARTY]

certain labor or material for:

[DESCRIBE TYPE OF WORK]

in connection with improvements to the real property described in the Notice of Commencement recorded in Liber [NUMBER], Page [NUMBER], [COUNTY] County records, or a copy of which is attached to this Notice.

WARNING TO OWNER: THIS NOTICE IS REQUIRED BY THE MICHIGAN CONSTRUCTION LIEN ACT. IF YOU HAVE QUESTIONS ABOUT YOUR RIGHTS AND DUTIES UNDER THIS ACT, YOU SHOULD CONTACT AN ATTORNEY TO PROTECT YOU FROM THE POSSIBILITY OF PAYING TWICE FOR THE IMPROVEMENTS TO YOUR PROPERTY.

Lien Claimant:

[NAME AND ADDRESS]

By: _______________________________

Name and capacity: [NAME / CAPACITY]

Address of signing party: [ADDRESS]

Date: [DATE]

3. REQUIRED RECIPIENTS AND SERVICE

For a subcontractor or supplier, serve:

☐ Designee named in the Notice of Commencement, or owner/lessee if no living designee is named

☐ General contractor, if any, named in the Notice of Commencement

Permitted methods for a subcontractor or supplier under § 570.1109(1):

☐ Personal service

☐ Certified mail — service is complete on mailing

Service Record

Attach the Notice of Commencement if the recorded liber and page information is not used in the Notice of Furnishing.

4. SEPARATE CLAIM-OF-LIEN DEADLINE

This Notice of Furnishing is not a Claim of Lien. Under Mich. Comp. Laws § 570.1111(1), the right to a construction lien ceases unless a Claim of Lien is recorded in each county where the improved real property is located within 90 days after Claimant's last furnishing under its contract.

• Last furnishing date: [DATE]
• Ninetieth day: [DATE]
• Planned recording date: [DATE]

5. SOURCES AND REFERENCES

• Mich. Comp. Laws § 570.1109: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1109
• Mich. Comp. Laws § 570.1111: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-570-1111