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Notice of Commencement

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NOTICE OF COMMENCEMENT-INDIVIDUAL

Prepared by, recording requested by and return to:

Name:

Company:

Address:

City: State: Zip:

Phone:

Fax:

-Above this Line for Official Use Only-

NOTICE OF COMMENCEMENT-INDIVIDUAL
(M.S.A. §570.1108)

To lien claimants and subsequent purchasers:

Take notice that work is about to commence on an improvement to the real property described in this instrument. A person having a construction lien may preserve the lien by providing a Notice of Furnishing to the below named Designee and the General Contractor, if any, and by timely recording a claim of lien, in accordance with law.

A person having a construction lien arising by virtue of work performed on this improvement should refer to the name of the Owner or Lessee and the legal description appearing in this notice. A person subsequently acquiring an interest in the land described is not required to be named in a claim of lien.

A copy of this Notice with an attached form for Notice of Furnishing may be obtained upon making a written request by, certified mail to the named Owner or Lessee, the Designee, or the person with whom you have contracted.

State of Michigan )

County of ) ss

) the undersigned, being duly sworn, deposes and says:

The legal description of the real property on which the improvement is to be made is (include property tax identification number and address):

The name, address and capacity of the Owner or Lessee of the real property contracting for the improvement is:

Name:

Address:

Capacity:

The name and address of the Fee Owner of the real property, if the person contracting for the improvement is a land contract vendee or lessee, is:

Name:

Address:

The name and address of the Owner's or Lessee's Designee is:

Name:

Address:

The name and address of the General Contractor, if any, is:

Name:

Address:

(Name of person with whom you have contracted to provide substantially all the improvements to the property)

Owner or Lessee

By

(Signature and capacity of person signing)

Type or Print Name

Subscribed and sworn to by

before me on the day of 20

Signature:

Printed Name:

Notary public, State of Michigan, County of

My commission expires

NOTE: ATTACH NOTICE OF FURNISHING HERE TO

UNLESS THIS DOCUMENT IS TO BE RECORDED.

Prepared By:

Name:

Address:

*WARNING TO HOMEOWNER: Michigan law requires that you do the following:

  1. COMPLETE AND RETURN THIS FORM TO THE PERSON WHO ASKED FOR IT WITHIN 10 DAYS AFTER THE DATE OF THE POSTMARK ON THE REQUEST.
  2. IF YOU DO NOT COMPLETE AND RETURN THIS FORM WITHIN THE 10 DAYS YOU MAY HAVE TO PAY THE EXPENSES INCURRED IN GETTING THE INFORMATION.
  3. IF YOU DO NOT LIVE AT THE SITE OF THE IMPROVEMENT, YOU MUST POST A COPY OF THIS FORM IN A CONSPICUOUS PLACE AT THAT SITE.
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What a Notice of Commencement Is and when it matters

A Notice of Commencement is a recorded construction document that formally identifies a building project, the legal description of the property, the owner or authorized agent, and commonly the contract amount and lender details. It establishes the official project start for lien and remedy periods in many jurisdictions, informs potential claimants who to notify, and is often recorded with the county recorder or clerk where the property is located. The Notice helps define parties’ rights and priority for mechanics’ liens and payment claims.

Why a Notice of Commencement matters for project risk and notice

A properly completed Notice of Commencement clarifies who may file mechanics’ liens, establishes the property and project start date for statutory deadlines, and reduces disputes about notice and priority. Electronic execution and distribution are generally permitted under ESIGN (15 U.S.C. §7001) and UETA where applicable, subject to any statutory exceptions.

Why a Notice of Commencement matters for project risk and notice

Typical parties who prepare or rely on a Notice of Commencement

The document is used by owners, contractors, lenders, and suppliers to fix project identity and statutory timing before construction begins.

  • Owner / Developer — Files or authorizes the Notice to establish the project start and contact information for payment and lien notices.
  • General Contractor — Uses the Notice to confirm scope, lender details, and to inform subcontractors of recording details and project timeline.
  • Lender / Mortgagee — Reviews the Notice to verify collateral identity and to ensure lien priorities are preserved.

Essential parts of a professional Notice of Commencement

A complete Notice of Commencement contains specific elements that enable record search, service, and lien timing. Capture each item clearly to avoid recording or enforcement problems.

Project ID

Unique project name or internal identifier plus physical street address and parcel number when available to avoid ambiguity during public records searches.

Legal Description

Full recorded legal description or assessor parcel number. A concise street address without legal description may be rejected by some recorders.

Owner Information

Full legal owner name, mailing and service address, and an authorized agent if the owner delegates filing authority for the Notice.

Contractor Information

General contractor name, license number if applicable, and contact details so subcontractors and suppliers can identify the immediate contract party.

Lender / Mortgagee

Primary lender name and address when construction is financed; this affects lien priority and lender notice procedures.

Effective Date

Clear effective or recording date, and where required, notarization statement and signature block for the owner or authorized agent.

Required data elements to include

Project address: Street, city, state, ZIP
Legal description: Parcel or recorded description
Owner name: Full legal entity or individual name
Contractor name: General contractor or prime
Lender name: Primary mortgagee or financier
Recording county: County where property is located

Step-by-step: completing a Notice of Commencement

Follow these sequential steps to prepare, sign, record, and distribute a Notice of Commencement to preserve statutory notice and lien priority rights.

  • 01
    Prepare: Gather full legal names, legal description, and lender info.
  • 02
    Sign & Notarize: Owner or authorized agent signs; notarize if the recorder requires it.
  • 03
    Record: Submit to the county recorder or clerk where the property is located.
  • 04
    Distribute: Provide copies to contractor, lender, and major suppliers.

How to set up an online Notice of Commencement workflow

Configure a repeatable electronic workflow that captures required fields, signer identity, and distribution to parties.

Field Configuration
Upload document PDF or DOCX with fixed signature block
Place fields Signature, date, text fields for legal description
Signer roles Owner as signer; agent as secondary
Authentication Email plus SMS code or ID verification

Where to file and who to notify after execution

Recording and distribution complete the Notice of Commencement lifecycle and let potential claimants locate the document easily.

  • County recorder: Record the executed Notice in the property’s county records office.
  • General contractor: Deliver a copy to the prime contractor for project records.
  • Lender: Provide lender with recorded copy to preserve lien priority.
  • Major suppliers: Send copies to subcontractors and first-tier suppliers for notice purposes.

Digital signing and technical considerations

Electronic execution is commonly used, but verify state recording and notarization rules before e-filing a Notice of Commencement.

  • File formats: PDF and DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Security: TLS 1.2/1.3; AES-256 at rest

Timing considerations and typical sequence

Timeliness affects lien periods and notification rights; record and distribute promptly to align with local statutes and contract terms.

When to prepare:

Before or at commencement of construction

When to record:

Record in the county where the property is located

When to notify:

Provide copies to contractor, lender, and suppliers immediately

When to amend:

Update if owner, lender, or project scope changes

Retention note:

Keep recorded copy in project files

Key milestones from preparation through distribution

A clear milestone sequence helps ensure recording and notice obligations are met and that parties receive required information promptly.

01

Prepare notice

Collect owner, contractor, lender, and property data.

02

Sign and notarize

Owner or agent executes; obtain notarization if required.

03

Record in county

File with county recorder or clerk for public indexing.

04

Distribute copies

Send recorded copy to contractor, lender, and suppliers.

Common preparation errors to avoid

  • Incomplete legal description: submitting only a street address can cause a recorder to reject the filing or impair discoverability.
  • Mismatched party names: using trade names or abbreviations instead of the recorded owner name can create enforceability problems.
  • Failing to notarize where required: missing notarization may prevent recording or later create grounds to challenge the Notice.
  • Late distribution: delays in providing copies to contractors or lenders can affect lien notices and payment dispute timelines.

Short summary of legal risks and potential consequences

Loss of priority: Lien priority may be impaired
Record rejection: Recorder may reject incomplete filings
Payment disputes: Increased litigation risk
Invalid service: Misaddressed notice defeats notice effect
Notarization issues: Unnotarized signature may be void
Clerical errors: Incorrect legal description causes delays

Comparing eSignature vendor options for recording and distribution workflows

Below is a neutral pricing and capability snapshot to consider when choosing an eSignature platform for Notices of Commencement and related filings. signNow appears first per comparison structure.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and quick resolutions

Answers to common practical and legal questions about preparing, executing, and recording a Notice of Commencement.


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