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What do I need to do in this situation to ensure payment?

Michigan

We are typically a subcontractor and file Notice of Furnishings in Michigan. We are working on a project direct for the owner. We have a purchase order versus a contract. Do I still need to file Notice of Furnishings or is there something else I can do to ensure payment? Can I file an Intent to Lien in this situation without having filed a Notice of Furnishings?

2 replies

Jun 3, 2020
The Michigan statute MCL 570.1109 requires a notice of furnishing to be provided by certified mail or personal service within 20 days of first providing labor, materials or services on a job site. Otherwise, you do not have lien rights, so you will not be able to file a claim of lien without having served a notice of furnishing first. It shouldn't make any difference that you have a PO vs. a contract because POs generally have the same principles applied to them as other types of contracts.
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Jun 3, 2020
Thank you!
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