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Lien waivers

MichiganLien Waivers

What if your builder has not given you a lien waiver for a sub, can I call the sub and find out if they have been paid

3 replies

Sep 26, 2021

Assuming you are the Owner, then Yes, you can contact a subcontractor to confirm whether they've been paid and how much. 

And if you think there may be other subs or suppliers who haven't been paid, request your contractor provide you with a Sworn Statement. This is a list of all of the contractor's subcontractors, suppliers and laborers, which should include phone numbers, what they are furnishing, their contract amount, paid to date amount, amount the contract plans to pay them, and an amount left to complete on their contract.  

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Sep 27, 2021
Yes. As the owner, you have the right to written confirmation (which could be a conditional lien waiver or an unconditional lien waiver) to know whether all of the sub-contractors have been paid.
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Sep 27, 2021
TO REPEAT: if you think there may be subs or suppliers who haven't been paid, request your contractor provide you with a Sworn Statement. This is a list of all of the contractor's subcontractors, suppliers and laborers, which should include phone numbers, what they are furnishing, their contract amount, paid to date amount, amount the contract plans to pay them, and an amount left to complete on their contract. My addition: If you have issued and posted a Notice of Commencement and have not received any notices of furnishing from subs or suppliers you can rely upon the sworn statement.
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