Michigan State Projects

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notice requirements Michigan State Projects lien requirements Michigan State Projects
prime contractor Michigan State Projects N/A N/A
sub laborer Michigan State Projects Preliminary notice to the prime contractor required within 30 days of first furnishing labor and/or materials for those who did not contract with the prime contractor. On non-highway projects, must file a bond claim with the public entity commissioning work within 90 days of last furnishing labor or materials to the project. On highway projects, Notice of Lien Claim must be filed with the department of transportation within 60 days of last furnishing labor and/or materials.
supplier other Michigan State Projects Preliminary notice to the prime contractor required within 30 days of first furnishing labor and/or materials for those who did not contract with the prime contractor. On non-highway projects, must file a bond claim with the public entity commissioning work within 90 days of last furnishing labor or materials to the project. On highway projects, Notice of Lien Claim must be filed with the department of transportation within 60 days of last furnishing labor and/or materials.

Michigan Public Project Frequently Asked Questions

Who Is Protected?

On public projects in Michigan, any party furnishing labor and/or materials to a contractor or first-tier subcontractor may make a claim on the bond.  Laborers are also protected.  Suppliers to suppliers and subs on or below the 3rd tier are not protected.

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When is the Deadline to File a Lien/Make a Claim?

In Michigan, a bond claim must be received within 90 days of the date on which labor and/or materials were last furnished

For Highway Projects: The claim must be received within 60 days of the date on which labor and/or materials were last furnished.

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Who Should Receive the Lien/Claim?

The general contractor and the governmental unit involved must receive the claim.

Highway Projects: The public body contracting on behalf of the state, (usually the Michigan Department of Transportation) must receive the claim in duplicate.

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When is the Deadline to Initiate Suit, or, How Long is My Lien Effective?

Non-Highway: Suit must be filed within one year from date on which the final payment was made to the principal contractor. However, suit may not be initiated prior to 90 days after the date on which labor/ materials last supplied.

Highway: Suit may be filed anytime within one year after completion and final acceptance of the project. Subcontractors must prove they have paid all laborers and vendors.

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What Must the Lien/Claim Include?

In Michigan, a bond claim must include the amount claimed, and the name of the hiring party.  It is likely advisable to also include an identification of the project and a description of the labor and/or materials furnished.

On a highway job, the claim must identify the project, identify the labor and/or materials furnished, and include a statement that the claimant intends to rely upon the bond.  It is advisable to also include the amount of the claim, and the party with whom the claimant contracted.

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How Must the Claim Be Sent?

A bond claim may be sent via certified mail, but any method may be used if actual delivery is proved.

Highway Projects:  The claim should be sent by certified mail, return receipt requested.

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Michigan Public Project Preliminary Notice FAQs

Do I Need to Send a Preliminary Notice?

If you are a claimant with no contract with the general contractor, preliminary notice is required.

When do I Need to Send a Preliminary Notice?

Preliminary notice must be sent within 30 days of first furnishing labor and/or materials.

What if I Send the Preliminary Notice Late?

When preliminary notice is required, the failure to timely give notice is fatal to a bond claim.

How Should the Preliminary Notice be Sent?

Preliminary notice should be sent by certified mail, but any method may be used if actual delivery is proved.

To Whom Must the Preliminary Notice be Given?

Preliminary notice must be sent to the general contractor and the contracting pubic entity.


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