A Notice of Commencement in Michigan is a document the property owner or lessee must record with the county register of deeds before any construction work begins, identifying the property, the owner, the general contractor, and a designee for notice purposes. Its job is to give everyone working on the project — subcontractors, suppliers, laborers — the information they need to protect their lien rights if they aren’t paid. The requirement comes from the Construction Lien Act, MCL 570.1108, and skipping or mishandling it usually hurts the owner more than anyone else.
What the Notice Must Contain
Under MCL 570.1108, the notice has to include specific information about the project and the people involved:
- A legal description of the property. A description that conforms to the Land Division Act is sufficient.
- The name, address, and capacity of the person contracting for the improvement — owner, land contract vendee, or lessee.
- If the person contracting for the work is a land contract vendee or lessee, the name and address of the fee owner.
- The name and address of the designee, the person appointed to handle notice-related responsibilities on the project.
- The name and address of the general contractor, if there is one.
A blank Notice of Furnishing form must be attached to every copy of the Notice of Commencement. That form doesn’t get recorded, but it has to be easily detachable so subcontractors and suppliers can use it to preserve their lien rights.1Michigan Legislature. MCL – Section 570.1108
Where and When to Record
Record the notice in the office of the register of deeds for the county where the property is located. Not the county clerk. If the property crosses county lines, record in every county the property touches. Recording has to happen before any improvement work begins.1Michigan Legislature. MCL – Section 570.1108
Michigan register of deeds offices typically charge a flat $30 recording fee for real estate instruments. Confirm the current fee with your local office before filing.
After recording, the owner, lessee, or designee has two more jobs. Post a copy in a conspicuous place on the property and keep it posted for the entire duration of the improvement. Then give a copy to the general contractor, if there is one.1Michigan Legislature. MCL – Section 570.1108
You don’t need to record a new notice if one is already on file for the same property and hasn’t expired. That matters on phased jobs and properties with ongoing improvement work.
The Designee
The designee is the person the owner or lessee names in the notice to handle day-to-day notice obligations. This is who subcontractors and suppliers contact when they need a copy of the notice or need to serve a Notice of Furnishing. Naming a designee makes sense on larger projects where the owner isn’t on site.
The designee shares the owner’s obligations: posting and maintaining the notice at the job site, providing copies to subs who ask for them within the required timeframes, and serving as the point of contact for lien-related communications. If no designee is named, or the designee dies, service falls back to the owner or lessee listed in the document.1Michigan Legislature. MCL – Section 570.1108
Residential Projects Add a Homeowner Warning
Improvements to residential structures trigger a separate section, MCL 570.1108a, aimed at homeowners. The notice for a residential project must include a mandatory Warning to Homeowner. It tells the homeowner they are legally required to complete and return the notice within 10 days of receiving a request for it, and that failing to do so may make them responsible for the expenses someone incurs getting that information another way.2Michigan Legislature. MCL – Section 570.1108a
Homeowners who live at the construction site are encouraged, but not strictly required, to post the notice at the property. Homeowners who don’t live at the site must post a copy in a conspicuous place there.2Michigan Legislature. MCL – Section 570.1108a
Requesting a Copy If You’re a Sub or Supplier
If you’re a subcontractor, supplier, or laborer on a project and you haven’t been given a copy of the Notice of Commencement, send a written request by certified mail to the owner, lessee, designee, or the party you contracted with directly. The recipient has 10 days from the mailing date of your request to provide a copy of the notice with a blank Notice of Furnishing form attached.2Michigan Legislature. MCL – Section 570.1108a
The obligation cascades down the contracting chain. A general contractor who received a copy has to pass it to direct subcontractors who ask. Those subcontractors do the same for their own subs, suppliers, and laborers, within the same 10-day window. The certified mail requirement creates a paper trail that proves the request was made and when the clock started.
How the Notice Fits the Lien Timeline
The Notice of Commencement is the starting point for the deadlines that govern lien rights on the project.
Subcontractors and suppliers without a direct contract with the owner must serve a Notice of Furnishing within 20 days of first providing labor or materials. Service goes to the designee and general contractor at the addresses shown on the Notice of Commencement. If service is by certified mail, it’s complete on mailing; you don’t need to prove delivery. Contractors who contract directly with the owner or lessee don’t need to serve a Notice of Furnishing to preserve their lien rights.3Michigan Legislature. MCL – Section 570.1109
A lien claimant then has 90 days after last furnishing labor or materials to record a construction lien claim. Missing that deadline forfeits the lien. After recording, the claimant has one year to file suit to foreclose. Let that pass and the lien expires regardless of whether the underlying debt is still owed.
What Happens If the Owner Doesn’t Comply
Failing to record, post, or produce the Notice of Commencement doesn’t make lien rights disappear. It generally extends them and adds costs the owner has to cover.
Extended Deadlines for Lien Claimants
If the owner or lessee fails to record a Notice of Commencement at all, the 20-day window for subcontractors and suppliers to serve a Notice of Furnishing doesn’t start running until the notice is actually recorded. The owner’s failure buys lien claimants more time, not less.1Michigan Legislature. MCL – Section 570.1108
The same logic applies when an owner fails to provide a copy on written request. For subcontractors and suppliers, the Notice of Furnishing deadline extends until 20 days after the Notice of Commencement is actually furnished. For laborers, the extension runs 30 days after the notice is furnished or until the original deadline under Section 109 expires, whichever is later.2Michigan Legislature. MCL – Section 570.1108a
Liability for Expenses
An owner, lessee, or designee who fails to post or keep posted a copy of the notice at the job site is liable to any subcontractor, supplier, or laborer who becomes a lien claimant for all actual expenses that person incurs obtaining the information the posted notice would have provided. This applies to both residential and non-residential projects.4Michigan Legislature. Construction Lien Act
On a project with a dozen subs, the cost of each one having to hire someone to pull records, chase down project details, and send certified mail requests up the chain lands on the owner. It adds up quickly.
Errors in the Notice
A wrong address, a misspelled name, an outdated legal description. Mistakes happen, and the Construction Lien Act addresses them directly: incorrect information in a Notice of Commencement furnished by or for the owner does not adversely affect the rights of a lien claimant against the owner’s property.1Michigan Legislature. MCL – Section 570.1108
The risk of errors falls on the owner, not on the subs and suppliers who relied on the notice in good faith. If you’re recording one, check every field. A typo in the legal description or a wrong designee address won’t invalidate a lien filed against your property, but it will complicate any argument that a lien claimant failed to follow proper procedures.