NOTICE OF FURNISHING
(Pre-Lien “Notice to Owner” – Michigan)
Michigan Construction Lien Act, Mich. Comp. Laws § 570.1101 et seq.
[// GUIDANCE: This template is drafted for use by any party other than the original/prime contractor—e.g., a subcontractor, supplier, or laborer—who is furnishing labor and/or materials to a construction project located in Michigan. It is designed to comply with the statutory “Notice of Furnishing” requirements of Mich. Comp. Laws § 570.1109 while also incorporating defensive drafting features requested in the prompt. Practitioners should tailor bracketed items, verify project-specific facts, and confirm recording/service details before issuance.]
TABLE OF CONTENTS
- DOCUMENT HEADER
- DEFINITIONS
- OPERATIVE PROVISIONS
- REPRESENTATIONS & WARRANTIES
- COVENANTS & RESTRICTIONS
- DEFAULT & REMEDIES
- RISK ALLOCATION
- DISPUTE RESOLUTION
- GENERAL PROVISIONS
- CERTIFICATE OF SERVICE
- EXECUTION BLOCK
1. DOCUMENT HEADER
1.1 Title. Notice of Furnishing (Pre-Lien Notice to Owner) – Michigan Construction Lien Act.
1.2 Parties.
(a) “Claimant” (or “Furnishing Party”): [CLAIMANT LEGAL NAME], a [state & entity type], whose principal business address is [ADDRESS].
(b) “Owner” (or “Owner/Lessor”): [OWNER NAME], whose address for service as designated in the Notice of Commencement is [ADDRESS].
(c) “General Contractor”: [GC NAME], contract dated [DATE].
(d) “Designee for Notices” (if identified in Notice of Commencement): [DESIGNEE NAME], address [ADDRESS].
1.3 Effective Date. This Notice becomes effective upon the earliest of (i) personal delivery, or (ii) deposit in the United States mail by certified mail, return-receipt requested, as evidenced in the Certificate of Service below (“Effective Date”).
1.4 Governing Law & Jurisdiction. State of Michigan law governs; exclusive forum is the state courts of the county where the Project Property is located.
1.5 Recitals.
A. Claimant has furnished, or will furnish, labor and/or materials to the construction project more particularly described in Section 3.1 below (“Project”).
B. Pursuant to Mich. Comp. Laws § 570.1109, Claimant is required to serve this Notice within 20 days after its first furnishing in order to preserve full construction-lien rights.
C. Claimant desires to comply with statutory notice obligations and to preserve its lien rights up to the “Work Performed Value” (defined below).
2. DEFINITIONS
For purposes of this Notice, the following terms have the meanings set forth below:
2.1 “CLA” means the Michigan Construction Lien Act, Mich. Comp. Laws § 570.1101 et seq.
2.2 “First Date of Furnishing” means the calendar date on which Claimant first supplied labor, materials, or improvements to the Project, being [FIRST DATE OF FURNISHING].
2.3 “Project Property” means the real property described on Exhibit A attached hereto and incorporated by reference.
2.4 “Work” means the labor, services, or materials furnished or to be furnished by Claimant to the Project as more fully described in Section 3.2.
2.5 “Work Performed Value” means the reasonable value (contract or quantum-meruit) of the Work actually furnished through the date of any lien recording or enforcement action, not to exceed [DOLLAR AMOUNT OR “[TO BE DETERMINED]”].
(Alphabetical list intentionally omitted where inapplicable to this limited-purpose notice.)
3. OPERATIVE PROVISIONS
3.1 Project Identification.
(a) Project Name/Description: [PROJECT NAME].
(b) Street Address: [ADDRESS].
(c) Legal Description: See Exhibit A.
(d) County: [COUNTY], State of Michigan.
3.2 Nature of Work. Claimant is furnishing [brief description—e.g., “electrical labor and materials for building shell and tenant improvements”] to the Project.
3.3 Notice Content Required by Statute. Pursuant to CLA § 570.1109(3), Claimant hereby states:
(i) Claimant’s name and address: [REPEAT CLAIMANT INFO].
(ii) Owner (or lessee) of the Project Property: [OWNER INFO].
(iii) Legal description of Project Property: See Exhibit A.
(iv) Statement of services/materials to be provided: see Section 3.2 above.
(v) “WARNING TO OWNER” language (as required by statute):
WARNING TO OWNER:
The owner is not liable and the property described in this notice is not subject to any construction lien under the Construction Lien Act unless both of the following occur:
1. A lien claimant, who is not the contractor, has given this notice to the owner (or the owner’s designee); and
2. A lien claimant, who is not the contractor, records a claim of lien with the county register of deeds and provides a copy to the owner.
3.4 Timing Compliance. This Notice is being served (i) within 20 days after the First Date of Furnishing, OR (ii) after 20 days, in which event Claimant acknowledges that its lien right is limited to the amount unpaid to the General Contractor at the time this Notice is served, pursuant to CLA § 570.1109(1).
3.5 Conditions Precedent to Lien Enforcement. No lien enforcement action shall be initiated until the earlier of (a) default in payment for Work, or (b) statutory milestone(s) under CLA § 570.1111 permitting recording of Statement of Account.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Claimant represents that the individual executing this Notice on its behalf is duly authorized to do so.
4.2 Accuracy. Claimant warrants, to the best of its knowledge after reasonable inquiry, that the factual statements contained herein are materially accurate and complete as of the Effective Date.
4.3 Survival. The representations and warranties in this Section 4 survive delivery of the Notice and remain effective through the applicable lien-enforcement period under CLA § 570.1117.
5. COVENANTS & RESTRICTIONS
5.1 Continuing Obligation to Update. Claimant shall promptly furnish supplemental written notice of any material changes to the information set forth herein.
5.2 Cooperation. Owner and General Contractor agree (by accepting the Work) to provide Claimant with prompt written notice of any change in Owner’s address or of any designee appointed under a revised Notice of Commencement.
6. DEFAULT & REMEDIES
6.1 Events of Default. For purposes of this Notice, an “Event of Default” occurs upon (a) non-payment of sums due to Claimant for more than [X] days after invoice, or (b) any act or omission that materially impairs Claimant’s lien rights.
6.2 Remedies. Upon an Event of Default, Claimant may (i) record a Claim of Lien against the Project Property to the extent and in the manner authorized by the CLA, (ii) commence foreclosure or other enforcement proceedings in the state court of proper venue, and (iii) recover reasonable attorneys’ fees, costs, and interest as permitted by CLA § 570.1118 and any applicable contract.
6.3 Cure Period. Claimant shall provide written notice of default to the Owner and General Contractor and allow a [10]-day cure period before recording any Claim of Lien, unless an earlier statutory deadline requires immediate action.
7. RISK ALLOCATION
7.1 Liability Cap. Claimant’s liability to Owner relating to this Notice and any Work furnished is capped at the lesser of (a) the Work Performed Value, or (b) the amount actually paid by Owner to Claimant for the Work.
7.2 Force Majeure. Claimant shall not be liable for any delay in furnishing the Work to the extent caused by force-majeure events beyond its reasonable control, including but not limited to acts of God, labor strikes, or governmental orders.
[// GUIDANCE: Indemnification is marked “not_applicable” in the metadata and is therefore intentionally omitted.]
8. DISPUTE RESOLUTION
8.1 Governing Law. This Notice and any dispute arising hereunder are governed by the laws of the State of Michigan, including but not limited to the CLA.
8.2 Forum Selection. Exclusive venue lies in the state circuit court for [COUNTY] County, Michigan, or such other state court as has subject-matter jurisdiction over lien-foreclosure proceedings concerning the Project Property.
8.3 Injunctive Relief. Nothing in this Notice limits Claimant’s statutory right to record or foreclose a construction lien or to seek injunctive or equitable relief to enforce such lien.
(Arbitration and jury-trial waiver provisions are omitted as “not_applicable” in the metadata.)
9. GENERAL PROVISIONS
9.1 Amendments; Waivers. Any amendment or waiver of this Notice must be in a writing executed by Claimant.
9.2 Assignment. Claimant may assign its rights under this Notice and any resulting lien to a financing partner or supplier-creditor without Owner’s consent to the extent permitted by the CLA.
9.3 Severability. If any provision of this Notice is held invalid or unenforceable, the remaining provisions remain in full force, and any invalid provision shall be reformed to the minimum extent necessary to comply with applicable law.
9.4 Entire Notice. This document constitutes the entire Notice of Furnishing required under CLA § 570.1109 and supersedes any prior oral or written communications regarding its subject matter.
9.5 Electronic Signatures. A manually signed Notice transmitted electronically (e.g., PDF, DocuSign) shall be deemed an original for all purposes under the CLA and the Uniform Electronic Transactions Act, Mich. Comp. Laws § 450.831 et seq.
10. CERTIFICATE OF SERVICE
I, [NAME OF SERVING INDIVIDUAL], hereby certify under penalty of perjury that on [SERVICE DATE]:
☐ I served a true and correct copy of this Notice of Furnishing upon the Owner (and, if applicable, upon the Designee and General Contractor) by [METHOD: “certified mail, return-receipt requested, article no. [TRACKING #]” OR “personal delivery”] at the address(es) set forth above, in compliance with CLA § 570.1109(4); and
☐ I have retained proof of such service (e.g., signed return receipt, affidavit of personal service) and will make same available upon written request.
Signature: _____
Name: _____
Title: ________
11. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned Claimant has executed this Notice effective as of the Effective Date set forth above.
CLAIMANT:
[CLAIMANT LEGAL NAME]
By: _____
Name: _____
Title: ____
Date: ______
[OPTIONAL NOTARY ACKNOWLEDGMENT – use if required by local recording office or for evidentiary purposes.]
(Seal)
EXHIBIT A
Legal Description of Project Property
[Attach full legal description as contained in the recorded Notice of Commencement or latest deed of record.]
[// GUIDANCE: Statute does not require filing/recording of the Notice of Furnishing—only service—but many practitioners record as a belt-and-suspenders measure. Confirm owner/designee addresses listed in the recorded Notice of Commencement before service. If service occurs later than 20 days after first furnishing, advise client of potential limitation on recoverable lien amount (unpaid balance only).]