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Notice of commencement

MichiganNotice of Commencement

I have a subcontractor asking me for a notarized notice of commencement so they can submit to their supplier. Is a notice of commencement needed for the construction project? this a service that is provided?

2 replies

Jun 12, 2023

Technically the property owner is supposed to do the Notice of Commencement but thet rarely are even aware of it so the general contractor should do it when necessary. It would be too hard try and explain it all in a response her so here are links to the Michigan Construction Lien Act.

If it is a commercial job see http://www.legislature.mi.gov/(S(5jju5kq1qnkhfak5qvgrbqep))/mileg.aspx?page=getobject&objectname=mcl-570-1108 

If it is a residential job, see http://www.legislature.mi.gov/(S(5jju5kq1qnkhfak5qvgrbqep))/mileg.aspx?page=getobject&objectname=mcl-570-1108a

An internet search should easily get you to form for Notice of Commencement and Notice of Furnishing  

The above response is provided as a courtesy and does not establish an attorney-client relationship. If you would like to contact me directly for a consultation, I am an attorney (with a builders license) located in Port Huron (810) 987-3970. Since 1975. 

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Jun 14, 2023
A notice of commitment gives the information necessary for subcontractors to file relevant notices and even liens if necessary.
Failure to provide and file one gives subcontractors, suppliers and laborers extra time to file all required notices (and may cause additional liability for tracking down the information to file a lien) ... except it does not extend the time to file a lien which still must be filed within 90 days of the last date of work at a site.
If you are a licensed builder in the state of Michigan, construction lien law was covered on your licensing exam.
Who would you expect to provide this service? There are commercial services and construction lawyers that can provide that service.
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