Oakland Michigan Sworn Statement - Corporation or LLC

Q: What is a sworn owner&#039;s statement?

A sworn owner&#039;s statement is a document that provides a declaration of ownership and payment status for a property or project. Typically completed by the property owner or general contractor, this statement affirms that all costs are covered to date. For those working with the Oakland Michigan Sworn Statement - Corporation or LLC, this document adds an extra layer of verification in the construction process.

Q: What is a contractor&#039;s sworn statement?

A contractor&#039;s sworn statement is a formal document that outlines the contractor&#039;s financial obligations related to a specific project. It provides a clear record of payments made and due, helping to protect both the contractor&#039;s and clients interests. When utilizing the Oakland Michigan Sworn Statement - Corporation or LLC, this sworn statement assures all parties of project funding status.

Category:

Liens - Construction - Mechanics

State:

Michigan

County:

Oakland

Control #:

MI-05A-09

Format:

Instant download

Description

A corporate or LLC contractor is required by Michigan statutes to provide a Sworn Statement to the owner or lessee when payment is due to the contractor from the owner or lessee or when the contractor requests payment from the owner or lessee or when a demand for the Sworn Statement has been made by or on behalf of the owner or lessee. The statement lists each subcontractor and supplier who has provided labor or materials to improvements to the property in question and how much those parties are owed.

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How to fill out Michigan Sworn Statement - Corporation Or LLC?

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FAQ

To file Articles of Organization in Michigan, you must submit them to the Michigan Department of Licensing and Regulatory Affairs. You can choose to file either online or via mail, depending on your preference. If you are working on an Oakland Michigan Sworn Statement - Corporation or LLC, ensure that your Articles are filed correctly to avoid delays.

Articles of Organization are filed with the Michigan Department of Licensing and Regulatory Affairs. This agency manages the formation of LLCs and corporations in the state. If you are preparing to submit an Oakland Michigan Sworn Statement - Corporation or LLC, having a copy of your Articles of Organization handy will streamline the process.

You file your Articles of Organization in Michigan with the Department of Licensing and Regulatory Affairs. This can be done either online through their website or by mailing the completed forms. Remember, an Oakland Michigan Sworn Statement - Corporation or LLC may be necessary to ensure your submission meets all requirements.

Yes, you can file your Michigan LLC online, making the process more convenient and quicker. The Michigan Department of Licensing and Regulatory Affairs provides an online portal for this purpose. When filing, you may need to include an Oakland Michigan Sworn Statement - Corporation or LLC to support your application.

To file an annual statement for your LLC in Michigan, you need to complete the Annual Report form and submit it to the state. It’s essential to include accurate information about your LLC, as any discrepancies could lead to issues. An Oakland Michigan Sworn Statement - Corporation or LLC can help clarify details if needed, ensuring everything is in order.

The processing time for Articles of Organization in Michigan can vary. Typically, it takes about 5 to 10 business days when submitted by mail or online. However, if you need faster service, you can expedite the process, which is beneficial when dealing with an Oakland Michigan Sworn Statement - Corporation or LLC.

To file an LLC in Michigan, you typically need to complete the Articles of Organization form. You will also need to provide a unique name for your LLC, a registered agent, and the address of your business. Additionally, it is important to prepare an Oakland Michigan Sworn Statement - Corporation or LLC to ensure compliance with state laws and regulations.

A sworn owner's statement is a document that provides a declaration of ownership and payment status for a property or project. Typically completed by the property owner or general contractor, this statement affirms that all costs are covered to date. For those working with the Oakland Michigan Sworn Statement - Corporation or LLC, this document adds an extra layer of verification in the construction process.

A sworn statement for a contractor in Michigan details the payments made to subcontractors and suppliers during a specific project. It serves as a legal affirmation of financial transactions, ensuring that all parties involved are aware of payment statuses. In the context of the Oakland Michigan Sworn Statement - Corporation or LLC, this document serves as a safeguard against payment disputes.

A contractor's sworn statement is a formal document that outlines the contractor's financial obligations related to a specific project. It provides a clear record of payments made and due, helping to protect both the contractor's and clients’ interests. When utilizing the Oakland Michigan Sworn Statement - Corporation or LLC, this sworn statement assures all parties of project funding status.

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Sworn Statement - Corporation or LLC

Note: This summary is not intended to be an all-inclusive discussion of Michigan's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every state permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their state should always consult their state statutes directly.

Who can file a lien in this state?

Michigan law permits any contractor, subcontractor, supplier, or laborer, who provides an improvement to real property to claim a lien. The value of the lien may not exceed the amount of the claimant's contract less payments made on the contract. M.S.A. Â§ 570.1107.

How long does a party have to file a lien?

A contractor, subcontractor, laborer, or supplier, must file a Claim of Lien form in the register of deeds office within ninety (90) days after the lien claimant's last furnishing of labor or material. M.S.A. Â§ 570.1111.

By what method is a lien filed in this state?

Michigan statutes provide a form with which a lien claimant may record a Claim of Lien in M.S.A. Â§ 570.1111. The required form sets out names or interested parties as well as the labor or material provided and the amount due and owed. Proof of service of a Notice of Furnishing is required to be attached to a lien claim filed by a subcontractor, supplier, or laborer. M.S.A. Â§ 570.1111

How long is a lien good for?

Proceedings for the enforcement of a construction lien may not be brought later than one (1) year after the date the claim of lien was recorded. M.S.A. Â§ 570.1117

Are liens assignable?

Yes. A lien may be assigned to another party who shall have the same power to enforce the lien and shall be subject to the same obligations. M.S.A. Â§ 570.1125.

Does this state require or provide for a notice from subcontractors and laborers to property owners?

Yes. Michigan law requires a subcontractor or supplier who provides improvements to real property to issue a Notice of Furnishing to the designee and the general contractor, if any, named in the Notice of Commencement. Service must be made by personal delivery or certified mail within twenty (20) days after furnishing the first labor or material. While failure to file a Notice of Furnishing timely does not defeat a lien claimant's right to a lien, it may affect a lien claimant's right to pursue payment for work done prior to the filing of the notice. The form used must be substantially similar to the one set out in M.S.A. Â§ 570.1109.

Also, a lien claimant must provide to the property owner who requests in writing, a statement of the amount of labor and material furnished to the date of the statement, any amount remaining due, and the contractual work remaining to be done. (Please see MI-13-09, MI-15-09). M.S.A. Â§ 570.1113(2).

Does this state require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Yes. Michigan law requires a property owner to provide a copy of the contract between the contractor and the owner, as well as a statement of the amount due and unpaid on that contract to any lien claimant who makes a written request for same. (Please see MI-12-09, MI-14-09). M.S.A. Â§ 570.1113(1).

Does this state require a notice prior to starting work, or after work has been completed?

Yes. Michigan law requires the property owner to record a Notice of Commencement in the office of the register of deeds prior to the commencement of any actual physical improvements to real property. The Notice must be posted in a conspicuous place on the property. Any party with an interest in the property may request that the owner, contractor, or subcontractor, provide them with a copy of the Notice. Failure to do so will result in the party failing to honor the request being held liable for any damages that result from the failure. Failing to record the Notice as required will extend the time under which individual lien claimants can file their Notice of Furnishing. Please note that these requirements do not apply to improvements to a residential structure. M.S.A. Â§ 570.1108.

An owner of a residential structure being improved need only supply a Notice of Commencement if a contractor, subcontractor, supplier, or laborer has made a written request. Michigan law sets out the form that must be used in M.S.A. Â§ 570.1108a.

Every Notice of Commencement should have a blank Notice of Furnishing attached. M.S.A. Â§ 570.1108a.

At the completion of work, when payment is due, the contractor is required to provide the owner with a Sworn statement which details the parties who worked on the project and how much they are still owed. Michigan statutes require the sworn statement to be substantially in the same form as provided in M.S.A. Â§ 570.1110. The property owner, after receiving the sworn statement, may withhold on his own initiative, or at the request of the contractor, an amount sufficient to pay all sums which are due to subcontractors, suppliers, or laborers. A contractor is not entitled to any payment or to file a suit to enforce his lien until the statement is filed. M.S.A. Â§ 570.1110(6)-(8).

Does this state permit a person with an interest in property to deny responsibility for improvements?

No. Michigan does not appear to have a Notice of Non Responsibility provision as in some other states.

Is a notice attesting to the satisfaction of a lien provided for or required?

Yes. Michigan statutes contain several versions of a waiver form. These forms are used by a contractor and delivered to the property owner as payments on the construction project are received, and in that way act as a receipt of payment. There are four waiver forms provided: Partial Unconditional, Partial Conditional, Full Unconditional, Full Conditional. All forms permit a contractor to attest in writing that either part or all of a contractor's lien claim is being waived. Further, the contractor can use the partial forms to only release part of his claim in response to a partial payment and may use the conditional forms to only waive part or all of a claim conditional upon a payment being made. M.S.A. Â§ 570.1115.

By what method does the law of this state permit the release of a lien?

Michigan statutes state that when any claim of lien has been fully paid, the lien claimant shall deliver to the owner or his representative a certificate, witnessed and acknowledged in the same manner as a discharge of mortgage, that the claim has been paid and is now discharged. M.S.A. Â§ 570.1127(1).

Also, if the time within which to enforce a lien has elapsed, any party with an interest in the property may make an affidavit to the county clerk attesting to the fact that time has elapsed. If the affidavit is on order, the clerk should issue a certificate to that effect that may be recorded rendering the lien ineffective. M.S.A. Â§ 570.1128.

Does this state permit the use of a bond to release a lien?

Yes. Michigan statutes permit a lien to be vacated and discharged if a bond in the amount of twice the lien amount is filed with the county clerk and a copy provided to the lien claimant. The bond may be either in cash or surety form. M.S.A. Â§ 570.1116.