A Michigan Bond Claim Notice, also known as a Michigan Bond Claim, is a legal document that contractors, subcontractors, or suppliers can file to seek payment for work done or materials supplied on a construction project in Michigan when they have not received proper payment. The Michigan Bond Claim Notice is governed by the Bond Claim provision of the Michigan Construction Lien Act, which applies to projects where a surety bond has been provided by a contractor or subcontractor. This bond serves as a form of financial protection for the project owner and ensures that suppliers and subcontractors are paid for their work even if the contractor defaults or fails to make payments. When a contractor, subcontractor, or supplier goes unpaid for their work or materials, they have the option to file a Michigan Bond Claim Notice to assert their right to payment. This notice must be sent to the obliged (typically the project owner) and the surety company responsible for the bond within a specified timeframe, usually within 90 days from the last date of work or supplying the materials. By filing a Michigan Bond Claim Notice, the claimant is putting the obliged and surety company on notice that they have an unpaid balance and are seeking payment. It informs them of the outstanding debt and initiates the process of resolving the payment dispute. There are different types of Michigan Bond Claim Notices, depending on the specific role of the claimant in the project: 1. Michigan Contractor Bond Claim Notice: Contractors who have not been paid by the project owner for their work can file a bond claim notice to assert their right to payment. 2. Michigan Subcontractor Bond Claim Notice: Subcontractors who have not received payment from the contractor can file a bond claim notice to seek payment from the surety company. 3. Michigan Supplier Bond Claim Notice: Suppliers who have supplied materials for a construction project but have not been paid can file a bond claim notice to assert their right to payment. It is important to note that filing a Michigan Bond Claim Notice is a legal action that should be taken with caution. It is advisable to consult with an attorney or a legal professional knowledgeable in construction law to ensure compliance with all the necessary requirements and deadlines for filing a bond claim.
Michigan Bond Claim Notice
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How to fill out Michigan Bond Claim Notice?
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FAQ
Under Michigan's Little Miller Act, almost every public project (i.e. funded by the state, local, or municipal government entity) the prime contractor is required to post a payment bond. If unpaid on a public works project, a party can make a claim against that payment bond.
As noted above, a Notice of Commencement is required in Michigan, and, the failure to file and post as required can open up the project, property, GC, and owner to ?hidden? mechanics lien claims.
Note: if the project is residential, a general contractor may only file a lien if there is a written contract with the property owner.
Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of mi, they are frequently successful at producing payment (without having to take the next step of filing a lien).
A Notice of Intent to Lien (NOI) is a document sent to notify certain parties on a construction project of the consequences of non-payment. An NOI is a warning that if payment isn't made, the claimant intends to file a mechanics lien.
Subcontractors of any tier have mechanics lien rights On residential projects (with 2 or less units), a general contractor only has lien rights if there is a written contract with the property owner.
(1) Each contractor, subcontractor, supplier, or laborer who provides an improvement to real property has a construction lien upon the interest of the owner or lessee who contracted for the improvement to the real property, as described in the notice of commencement given under section 108 or 108a, the interest of an ...
How long you have to file a Michigan construction lien. You must file a construction lien in Michigan within 90 days of the date you last worked on the property or supplied materials for the improvement project. Failing to meet this strict deadline leaves you without legal recourse.
