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The Michigan Sworn Statement form plays a crucial role in the construction and contracting industries, particularly concerning public works projects. This document serves as a sworn declaration by a contractor, subcontractor, or supplier, affirming their status in relation to a specific public works project. The form requires detailed information, including the names of subcontractors, suppliers, and laborers involved, as well as the amounts owed for labor and materials. It ensures transparency by detailing any unpaid wages or fringe benefits, thereby protecting the rights of workers and ensuring compliance with contractual obligations. Additionally, the form includes a warning about the legal consequences of providing false information, emphasizing the seriousness of the declaration. By signing this form, the individual not only confirms the accuracy of the financial statements provided but also asserts that the public works project is free from claims of construction or bond liens, except where noted. This process is vital for maintaining the integrity of public funding and safeguarding the interests of all parties involved in construction projects across Michigan.

Sample - Michigan Sworn Statement Form

 

 

SWORN STATEMENT

STATE OF MICHIGAN

)

 

 

) ss.

COUNTY OF

 

)

<<<name of person signing sworn statement>>>, being duly sworn, deposes and says: That <<<name of company>>> is a/the <<<select one>>>(contractor)(subcontractor)(supplier) for an improvement to the following described public works situated in __________ County, Michigan, described as follows:

Contract No. <<<MDOT Contract ID Number>>> Project Name: <<<eg. I-96 from U.S 23 to Kent Road>>>

That the following is a statement of each subcontractor and supplier and laborer, for which laborer the payment of wages or fringe benefits and withholdings is due but unpaid, with whom the <<<same selection as above>>>(contractor)(subcontractor)(supplier) has <<<select one>>>(contracted)(subcontracted)(supplied material)(supplied labor) for performance under the contract with the owner, lessee, or general contractor thereof, and that the amounts due to the persons as of the date hereof are correctly and fully set forth opposite their names, as follows:

Name of Subcontractor,

Type of

Total

Amount

Amount

Balance

Amount of

 

Amount of Laborer

Supplier, or Laborer

Improvement Furnished

Contract

Already

Currently

to

Laborer

Retention

Fringe Benefits

 

 

Price

Paid

Owing

Complete

Wages Due

 

and Withholdings

 

 

 

 

 

 

But Unpaid

 

Due But Unpaid

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUB TOTALS

Name of Subcontractor,

Type of

Total

Amount

Amount

Balance

Amount of

 

Amount of Laborer

Supplier, or Laborer

Improvement Furnished

Contract

Already

Currently

to

Laborer

 

Fringe Benefits

 

 

Price

Paid

Owing

Complete

Wages Due

Retention

and Withholdings

 

 

 

 

 

 

But Unpaid

 

Due But Unpaid

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTALS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

That the (contractor) (subcontractor) has not procured material from, or subcontracted with, any person other than those set forth on the reverse side and owes no money for the improvement other than the sums set forth on the reverse side.

Deponent further says that he or she makes the foregoing statement as the (contractor)(subcontractor)(supplier) or as <<<authorized agent if signator is not officer or employee of company>>> of the (contractor)(subcontractor)(supplier) for the purposes of representing to the owner, lessee, or general contractor of the public works described on the reverse side and his or her agents that the public works described on the reverse side is free from claims of construction or bond liens, or the possibility of construction or bond liens, except as specially set forth on the reverse side hereof..

WARNING TO DEPONENT: A PERSON, WHO WITH INTENT TO DEFRAUD, GIVES A FALSE SWORN STATEMENT FOR THE PURPOSE OF OBTAINING PAYMENT IS SUBJECT TO CRIMINAL and CIIVIL PENALTIES AS PROVIDED BY LAW.

(Deponent)

Subscribed and sworn to before me this

 

day of

 

, 20___.

 

 

 

, Notary Public

 

 

County, Michigan

 

My commission expires:

 

Acting in _______________ County

 

91742v2

 

 

 

 

 

 

 

 

SWORN STATEMENT

 

 

STATE OF MICHIGAN

)

 

 

 

 

 

 

 

 

 

 

 

) ss.

 

 

COUNTY OF

 

)

 

 

 

 

 

 

 

 

__________________

 

, being duly sworn, deposes and says: That ______________________

is a/the (contractor)(subcontractor)(supplier) for an improvement to

 

 

 

 

 

 

 

 

 

 

 

the following described public works situated in _______ County, Michigan, described as follows:

 

 

 

 

 

 

 

 

 

 

 

 

Contract No.

 

 

 

 

; Project Name:

 

 

 

That the following is a statement of each subcontractor and supplier and laborer, for which laborer the payment of wages or fringe benefits and withholdings is due but unpaid, with whom the (contractor)(subcontractor)(supplier) has (contracted)(subcontracted)(supplied material)(supplied labor) for the improvement on the above referenced public works project and that the amounts due to the persons as of the date hereof are correctly and fully set forth opposite their names, as follows:

Name of Subcontractor,

Type of

Total

Amount

Amount

Balance

Amount of

 

Amount of Laborer

Supplier, or Laborer

Improvement Furnished

Contract

Already

Currently

to

Laborer

Retention

Fringe Benefits

 

 

Price

Paid

Owing

Complete

Wages Due

 

and Withholdings

 

 

 

 

 

 

But Unpaid

 

Due But Unpaid

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUB TOTALS

Name of Subcontractor,

Type of

Total

Amount

Amount

Balance

Amount of

 

Amount of Laborer

Supplier, or Laborer

Improvement Furnished

Contract

Already

Currently

to

Laborer

 

Fringe Benefits

 

 

Price

Paid

Owing

Complete

Wages Due

Retention

and Withholdings

 

 

 

 

 

 

But Unpaid

 

Due But Unpaid

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTALS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

That the (contractor) (subcontractor) has not procured material from, or subcontracted with, any person other than those set forth on the reverse side and owes no money for the improvement other than the sums set forth on the reverse side.

Deponent further says that he or she makes the foregoing statement as the (contractor)(subcontractor)(supplier) or as _____ ____ of the (contractor)(subcontractor)(supplier) for

the purposes of representing to the party from whom payment is requested and to the prime contractor who has furnished a payment bond covering the public works project described on the reverse side and his or her agents that the public works described on the reverse side is free from claims of payment bond liens, or the possibility of payment bond liens, except as specially set forth on the reverse side hereof.

WARNING TO DEPONENT: A PERSON, WHO WITH INTENT TO DEFRAUD, GIVES A FALSE SWORN STATEMENT FOR THE PURPOSE OF OBTAINING PAYMENT IS SUBJECT TO CRIMINAL and CIIVIL PENALTIES AS PROVIDED BY LAW.

(Deponent)

Subscribed and sworn to before me this

 

day of

 

, 20___.

 

 

 

, Notary Public

 

 

County, Michigan

 

My commission expires:

 

Acting in _______________ County

 

91742

FULL CONDITIONAL WAIVER

Our contract with <<<name of company>>> to furnish<<<general description of

work/material furnished. Eg. Concrete work and related items. Eg. Aggregate

materials>>> materials to <<<MDOT>>> Project No. <<<MDOT Contract ID

Number>>> has been fully paid and satisfied with respect to our rights under the Payment / Lien Bond covering said Project and all of our rights to pursue payment under the Payment/Lien Bond No. _____________ issued by <<<name of prime

contractor>>> as principal and <<<name of payment bond surety>>> as surety,

together with any rights, demands, or causes of action we may have against _<<<name

of prime contractor>>> or <<<name of payment bond surety>>>, are hereby fully waived and released and the “Notice of Lien Claim” (if any) dated ,<<<insert “N/A” if none. Insert date of Notice of Lien Claim if one has been filed>>> and any amendment(s) thereto, is hereby rescinded.

This waiver is

conditioned upon our receipt of payment in the amount of

$<<<amount of payment for which waiver is being given>>>

 

<TYPE OR PRINT COMPANY NAME>

 

__________________________

 

by:

<<type or print name>>

 

its:

<<type or print title>>

STATE OF MICHIGAN

)

 

 

) SS

 

COUNTY OF

)

 

The signator is known to me and acknowledged the foregoing instrument this

___ day of ________, 20___.

________________________________

____________________, Notary Public

_____________County, Michigan

My commission expires: ___________

Acting In _____________ County

91748v2

FULL CONDITIONAL WAIVER

Our contract with _________________ to furnish ______________________

materials to _______ Project No. _____________ has been fully paid and satisfied with

respect to our rights under the Payment / Lien Bond covering said Project and all of our rights to pursue payment under the Payment/Lien Bond No. _____________ issued by

_______________________ as principal and ____________________ as surety,

together with any rights, demands, or causes of action we may have against

_____________________ or __________________ , are hereby fully waived and

released and the “Notice of Lien Claim” (if any) dated _______________, and any

amendment(s) thereto, is hereby rescinded.

 

This waiver

 

is

conditioned upon our receipt of payment in the amount of

$

 

.

 

 

 

 

 

 

___________________________

 

 

 

 

__________________________

 

 

 

 

by:

_____________________

 

 

 

 

its:

_____________________

STATE OF MICHIGAN

)

 

 

 

 

 

) SS

 

COUNTY OF

 

 

)

 

The signator is known to me and acknowledged the foregoing instrument this

___ day of ________, 20___.

________________________________

____________________, Notary Public

_____________County, Michigan

My commission expires: ___________

Acting In _____________ County

91748

FULL UNCONDITIONAL WAIVER

Our contract with <<<name of company>>> to furnish general description of work/material furnished. Eg. Concrete work and related items. Eg. Aggregate

materials>>>

materials to <<<MDOT>>> Project No. <<<MDOT Contract ID

Number>>>

has been fully paid and satisfied with respect to our rights under the

Payment / Lien Bond covering said Project and all of our rights to pursue payment under the Payment/Lien Bond No. _____________ issued by <<<name of prime

contractor>>> as principal and <<<name of payment bond surety>>> as surety, together with any rights, demands, or causes of action we may have against <<<name

of prime contractor>>> or <<<name of payment bond surety>>> , are hereby fully waived and released and the “Notice of Lien Claim” (if any) dated ,<<<insert “N/A” if none. Insert date of Notice of Lien Claim if one has been filed>>>, and any amendment(s) thereto, is hereby rescinded.

 

<TYPE OR PRINT COMPANY NAME>

 

__________________________

 

by: <<type or print name>>

 

its: <<type or print title>>

STATE OF MICHIGAN

)

 

) SS

COUNTY OF

)

The signator is known to me and acknowledged the foregoing instrument this

___ day of ___________, 20___.

________________________________

Notary Public

_____________County, Michigan

My commission expires: ___________

Acting In _____________ County

91747v2

FULL UNCONDITIONAL WAIVER

Our contract with _________________ to furnish ______________________

materials to ______ Project No._________________ has been fully paid and satisfied

with respect to our rights under the Payment / Lien Bond covering said Project and all of our rights to pursue payment under the Payment/Lien Bond No. _____________ issued

by _______________________ as principal and ____________________ as surety,

together with any rights, demands, or causes of action we may have against

_____________________ or __________________ , are hereby fully waived and

released and the “Notice of Lien Claim” (if any) dated _______________, and any

amendment(s) thereto, is hereby rescinded.

 

___________________________

 

__________________________

 

by:

 

its:

STATE OF MICHIGAN

)

 

) SS

COUNTY OF

)

The signator is known to me and acknowledged the foregoing instrument this

___ day of ___________, 20___.

________________________________

Notary Public

_____________County, Michigan

My commission expires: ___________

Acting In _____________ County

91747

PARTIAL CONDITIONAL WAIVER OF LIEN

Our contract with <<<name of company>>> to furnish <<<general description of work/material furnished. Eg. Concrete work and related items. Eg. Aggregate

materials>>>to <<<MDOT>>> Project No. <<<MDOT Contract ID Number>>> has

been partially paid and satisfied in the amount of $<<<amount of payment for which waiver is being given>>>with respect to our rights under the Payment / Lien Bond covering said Project and our rights to pursue payment under the Payment/Lien Bond

No.issued by <<<name of prime contractor>>> as principal and

<<<name of payment bond surety>>> as surety, together with any rights, demands, or causes of action we may have against <<<name of prime contractor>>> or <<<name

of payment bond surety>>> are hereby waived and released to the extent of said partial payment of $ <<<amount of payment for which waver is being given>>> and the “Notice of Lien Claim” (if any) dated ,<<<insert “N/A” if none. Insert date of Notice of Lien Claim if one has been filed>>> and any subsequent amendment(s) thereto, are hereby rescinded, waived and released for the amount of $ <<<amount of payment for which waiver is being given>>> and are hereby amended to reflect only the remaining balance claimed to be due under our contract in the amount of $<<<remaining balance after deduction of all partial payments to date>>>.

This waiver is conditioned upon our receipt of payment in the amount of

$<<<amount of payment for which waver is being given>>>

 

<TYPE OR PRINT COMPANY NAME>

 

______________________________

 

by:

<<type or print name>>

 

its:

<<type or print title>>

STATE OF MICHIGAN

)

 

 

) SS

 

COUNTY OF

)

 

The signator is known to me and acknowledged the foregoing instrument this

___ day of ________, 20___.

________________________________

____________________, Notary Public

_____________County, Michigan

My commission expires: ___________

Acting In _____________ County

91744v2

PARTIAL CONDITIONAL WAIVER OF LIEN

Our contract with ___________________________ to furnish _____________,

__________________________________ to _________________________ Project

No. _________________________________ has been partially paid and satisfied in

the amount of $___________with respect to our rights under the Payment / Lien Bond

covering said Project and our rights to pursue payment under the Payment/Lien Bond No. _____________ issued by ____________________________ as principal and

____________________________ as surety, together with any rights, demands, or

causes of action we may have against __________________________ or

_______________________________________ are hereby waived and released to the

extent of said partial payment of $_________ and the “Notice of Lien Claim” (if any)

dated _________________________, and any subsequent amendment(s) thereto, are

hereby rescinded, waived and released for the amount of $____________ and are

hereby amended to reflect only the remaining balance claimed to be due under our

contract in the amount of $___________.

 

This waiver

is

conditioned upon our receipt of payment in the amount of

$

 

.

 

 

 

 

______________________________

 

 

 

______________________________

 

 

 

by:

 

 

 

its:

STATE OF MICHIGAN

)

 

 

 

) SS

COUNTY OF

 

)

The signator is known to me and acknowledged the foregoing instrument this

___ day of ________, 20___.

________________________________

____________________, Notary Public

_____________County, Michigan

My commission expires: ___________

Acting In _____________ County

91744

File Specs

Fact Name Details
Purpose The Michigan Sworn Statement form is used to provide a sworn declaration regarding payments due to subcontractors, suppliers, and laborers involved in public works projects.
Governing Law This form is governed by Michigan's Public Act 497 of 2016, which relates to construction lien claims.
Notarization Requirement The form must be signed in the presence of a notary public to ensure its validity and to affirm the truthfulness of the statements made.
Content Requirements It requires detailed information about the project, including the contract number, project name, and a list of all subcontractors and suppliers involved.
Criminal Penalties Providing false information on the form can lead to criminal and civil penalties, emphasizing the seriousness of the declaration.
Submission Context The sworn statement is typically submitted to the owner or general contractor to confirm that the project is free from claims of construction or bond liens.
Payment Conditions It includes a clause stating that the contractor or supplier has not contracted with anyone else for the project, ensuring transparency in financial dealings.

Michigan Sworn Statement - Usage Guidelines

Completing the Michigan Sworn Statement form is essential for ensuring compliance with payment requirements in construction projects. This form must be filled out accurately to avoid legal complications. Follow the steps below to complete the form correctly.

  1. Begin by entering the name of the person signing the sworn statement at the top of the form.
  2. Fill in the name of the company involved in the project.
  3. Select one of the following options: contractor, subcontractor, or supplier.
  4. Specify the county where the public works project is located.
  5. Provide the contract number, which is the MDOT Contract ID Number.
  6. Enter the project name, such as "I-96 from U.S 23 to Kent Road."
  7. List each subcontractor, supplier, or laborer involved in the project, including their names and the type of improvement furnished.
  8. For each listed entity, fill in the total amount of the contract, the amount already paid, the balance owing, and any amounts related to retention, wages due, and fringe benefits.
  9. Calculate and enter the subtotals for the amounts due for each subcontractor, supplier, or laborer.
  10. Summarize the totals at the end of the list.
  11. Confirm that no other material was procured or subcontracted beyond what is listed on the form.
  12. Indicate the role of the signatory (contractor, subcontractor, supplier, or authorized agent) in the statement.
  13. Sign the document in the space provided, ensuring it is dated correctly.
  14. Have the document notarized by a Notary Public, who will also enter their commission expiration date and county.

Your Questions, Answered

What is a Michigan Sworn Statement?

A Michigan Sworn Statement is a legal document used in the construction industry. It is typically signed by contractors, subcontractors, or suppliers to confirm that they have paid their subcontractors and laborers for work performed on a public works project. This statement serves to protect the interests of all parties involved by ensuring that there are no outstanding claims or liens related to the project.

Who needs to file a Michigan Sworn Statement?

Any contractor, subcontractor, or supplier who is involved in a public works project in Michigan may need to file a Michigan Sworn Statement. This includes those who provide labor or materials for the project. By filing this statement, they confirm that they have fulfilled their financial obligations to their subcontractors and laborers, thereby helping to ensure that the project remains lien-free.

What information is required on the form?

The Michigan Sworn Statement requires detailed information about the project, including the contract number and project name. It also requires a list of subcontractors, suppliers, and laborers, along with the amounts owed to each party. This includes total contract amounts, amounts already paid, and any outstanding balances. The form must be filled out accurately to reflect the current financial status of the project.

What are the consequences of providing false information?

Providing false information on a Michigan Sworn Statement can lead to serious consequences. If someone knowingly submits incorrect information with the intent to defraud, they may face criminal and civil penalties under Michigan law. This serves as a reminder of the importance of honesty and accuracy when completing the form.

How does the Michigan Sworn Statement protect my rights?

The Michigan Sworn Statement helps protect the rights of contractors, subcontractors, and suppliers by ensuring that all parties are aware of any outstanding payments. It also provides a level of assurance to the project owner or general contractor that the project is free from claims of liens. By filing this statement, individuals can safeguard their interests and reduce the risk of financial disputes related to the project.

Where can I obtain a Michigan Sworn Statement form?

You can typically obtain a Michigan Sworn Statement form from your attorney, a legal document preparation service, or online legal resources. It is essential to ensure that you are using the most current version of the form, as requirements may change over time. Always verify that you have the correct document before filing.

Common mistakes

  1. Incomplete Information: Failing to fill in all required fields can lead to delays. Ensure that every section, including names, contract numbers, and project descriptions, is completed.

  2. Incorrect Selections: Choosing the wrong designation (contractor, subcontractor, or supplier) can cause confusion. Double-check your selection to ensure it accurately reflects your role in the project.

  3. Omitting Subcontractor and Supplier Details: Not listing all subcontractors and suppliers can result in legal issues. Provide a complete statement for each entity involved in the project.

  4. Errors in Financial Information: Misstating amounts due, paid, or retained can lead to disputes. Review all financial figures carefully to confirm their accuracy.

  5. Neglecting to Sign or Notarize: A missing signature or notary stamp renders the document invalid. Always ensure the form is signed and notarized properly before submission.

Documents used along the form

The Michigan Sworn Statement form is a crucial document used in the context of public works projects. It ensures that all parties involved, including contractors, subcontractors, and suppliers, are accurately represented regarding payments owed for labor and materials. Several other documents are often used in conjunction with this form to provide further clarity and legal protection. Below is a list of these related documents.

  • Full Conditional Waiver: This document serves to waive any rights to claim payment under a payment or lien bond for work completed. It is contingent upon the receipt of payment and releases all claims against the prime contractor and surety.
  • Notice of Lien Claim: This notice is filed to inform relevant parties that a claim has been made for unpaid services or materials. It protects the claimant's right to seek payment and can be rescinded with a waiver.
  • Payment Bond: A payment bond is a guarantee from a surety company that the contractor will pay for all labor and materials supplied for the project. It provides security for subcontractors and suppliers in case of non-payment.
  • Subcontractor Agreement: This document outlines the terms and conditions between the contractor and subcontractor. It details the scope of work, payment terms, and responsibilities, ensuring all parties are on the same page.
  • Affidavit of Payment: This affidavit confirms that all payments due for work performed and materials supplied have been made. It serves as proof of payment to protect against potential claims of unpaid debts.

Each of these documents plays a vital role in the construction process, ensuring transparency and protecting the rights of all parties involved. Properly managing these forms can help prevent disputes and facilitate smoother project completion.

Similar forms

The Michigan Affidavit of Payment form is similar to the Michigan Sworn Statement form in that both documents serve as sworn declarations regarding payments made to subcontractors and suppliers. The affidavit requires the contractor to affirm that all payments have been made, thereby ensuring that the project is free from claims of unpaid wages or materials. Both documents aim to protect the interests of all parties involved in a construction project by providing a clear record of financial obligations and payments. The affidavit also includes a section for detailing any outstanding amounts, similar to the Michigan Sworn Statement.

The Certificate of Substantial Completion is another document that parallels the Michigan Sworn Statement. This certificate signifies that the work on a project has been completed to a degree that allows the owner to use it for its intended purpose. Like the sworn statement, it involves a formal declaration and is often accompanied by a list of outstanding items or payments. Both documents emphasize accountability and transparency in project completion, ensuring that all parties are aware of their financial and contractual obligations.

The Contractor’s Final Affidavit is also comparable to the Michigan Sworn Statement. This document is typically submitted at the end of a project and confirms that all subcontractors and suppliers have been paid. It serves to protect the contractor from future claims related to unpaid debts. Both forms require a sworn statement from the contractor, underscoring the importance of accurate and truthful reporting of financial transactions in construction projects.

The Lien Waiver is another relevant document. This waiver is often used to confirm that a contractor or subcontractor has received payment and waives any future claims against the property for that payment. Similar to the Michigan Sworn Statement, the lien waiver aims to provide assurance to property owners that no further claims will be made for the work performed. Both documents are crucial in establishing clear financial boundaries and responsibilities in construction contracts.

The Payment Bond is also akin to the Michigan Sworn Statement. A payment bond guarantees that subcontractors and suppliers will be paid for their work. The bond serves as a form of protection for those involved in the project, similar to the sworn statement, which outlines the financial commitments made by the contractor. Both documents play essential roles in ensuring that all parties fulfill their financial obligations, thereby promoting trust and reliability in construction projects.

The Statement of Work is another document that shares similarities with the Michigan Sworn Statement. This document outlines the specific tasks, deliverables, and timelines associated with a project. Like the sworn statement, it helps clarify expectations and responsibilities among all parties involved. Both documents emphasize the importance of clear communication and documentation to prevent misunderstandings and disputes during the course of a project.

The Change Order form also parallels the Michigan Sworn Statement. Change orders are used to document modifications to the original contract, including changes in scope, cost, or timeline. Both documents require formal acknowledgment and agreement from all parties involved, ensuring that everyone is aware of any changes and their implications. This promotes transparency and accountability throughout the project.

The Notice of Intent to Lien is similar in purpose to the Michigan Sworn Statement, as both documents address financial obligations related to a construction project. The notice serves as a warning to the property owner that a lien may be filed if payment is not received. Both documents emphasize the importance of fulfilling financial commitments to avoid potential legal actions.

Finally, the Contract Agreement itself is comparable to the Michigan Sworn Statement. This agreement outlines the terms and conditions of the project, including payment schedules and responsibilities of each party. Both documents are foundational in establishing the legal and financial framework for the project, ensuring that all parties are aligned on their obligations and expectations.

Dos and Don'ts

When filling out the Michigan Sworn Statement form, it is essential to follow certain guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do:

  • Do provide complete and accurate names of all subcontractors and suppliers.
  • Do specify the correct type of entity (contractor, subcontractor, supplier).
  • Do include the correct contract number and project name.
  • Do ensure all amounts due are clearly stated.
  • Do sign the document in the presence of a notary public.
  • Do keep a copy of the completed form for your records.
  • Don't leave any sections blank; fill out all required fields.
  • Don't provide false information; this can lead to severe penalties.
  • Don't forget to check for any additional requirements specific to your project.
  • Don't assume the form is complete without a thorough review.

Misconceptions

Misconceptions about the Michigan Sworn Statement form can lead to confusion and missteps in the contracting process. Here are four common misunderstandings:

  • Misconception 1: The form is optional for contractors and subcontractors.
  • In reality, the Michigan Sworn Statement form is often a required document in public works contracts. It serves to protect all parties involved by ensuring that payments are made to those who have contributed to the project.

  • Misconception 2: Completing the form guarantees payment.
  • While the form is important, it does not guarantee payment. It merely outlines the amounts owed and serves as a declaration of the current financial obligations. Payment still depends on the terms of the contract and the availability of funds.

  • Misconception 3: Only contractors need to fill out the form.
  • Subcontractors and suppliers must also complete the form. All parties who have provided labor or materials for the project are required to disclose their financial status to ensure transparency and accountability.

  • Misconception 4: The form can be submitted without proper notarization.
  • Notarization is a critical step in the process. The form must be signed in front of a notary public to be considered valid. This step adds an additional layer of verification to the claims made within the document.

Key takeaways

Filling out and using the Michigan Sworn Statement form is an important step in ensuring compliance with payment requirements in construction projects. Here are some key takeaways to keep in mind:

  • Identify Your Role: Clearly state whether you are acting as a contractor, subcontractor, or supplier. This designation is crucial for the validity of the form.
  • Provide Accurate Information: Fill in all required fields accurately, including the project name, contract number, and the county where the work is being performed.
  • Detail Payment Status: List each subcontractor, supplier, or laborer along with their payment status. This includes amounts owed, amounts already paid, and any fringe benefits due.
  • Include All Parties: Ensure that all subcontractors and suppliers involved in the project are listed. Omitting any party could lead to complications or disputes later on.
  • Signatures Matter: The form must be signed by the authorized individual. If the signatory is not an officer or employee, their capacity as an authorized agent should be clearly stated.
  • Beware of Legal Consequences: Providing false information on this form can lead to serious criminal and civil penalties. Always double-check your entries for accuracy.
  • Notarization Required: The form must be notarized to be legally binding. Ensure that this step is completed before submission.

By following these guidelines, you can help ensure that your use of the Michigan Sworn Statement form is effective and compliant with legal requirements.