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The Michigan Sworn Statement form plays a crucial role in the construction and contracting landscape, particularly when it comes to public works projects. This form is designed to ensure transparency and accountability among contractors, subcontractors, and suppliers involved in such projects. At its core, the Sworn Statement requires the individual signing it to affirm their status—whether as a contractor, subcontractor, or supplier—and to provide a detailed account of any outstanding payments due to laborers and suppliers. It outlines the specific public works project, including contract numbers and project names, while also listing the names of subcontractors and laborers, along with the amounts owed for work performed. Furthermore, the form serves as a declaration that no other claims or liens exist beyond those stated, thereby protecting the interests of all parties involved. Notably, the document carries a strong warning against providing false information, emphasizing the serious legal repercussions that can arise from fraudulent claims. Overall, the Michigan Sworn Statement form is not just a bureaucratic requirement; it is a vital tool for safeguarding the rights of workers and ensuring that payments are made fairly and promptly in the construction industry.

Form Sample

 

 

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

Document Specifications

Fact Name Description
Purpose The Michigan Sworn Statement form is used to declare the status of payments owed to subcontractors, suppliers, and laborers involved in public works projects.
Governing Law This form is governed by Michigan's Public Works Act, specifically MCL 570.151 et seq., which outlines the requirements for payment and lien claims.
Signatory Requirements The form must be signed by the contractor, subcontractor, or supplier, or by an authorized agent representing these parties.
Notarization A notary public must witness the signing of the form, affirming the identity of the signatory and the authenticity of the declaration.
Liability for False Statements Providing a false sworn statement with intent to defraud can result in both criminal and civil penalties, as stipulated by Michigan law.
Content Requirements The form must include detailed information about each subcontractor, supplier, and laborer, including amounts due and services rendered.
Payment Conditions The waiver of lien rights is conditioned upon the receipt of payment, making it essential for parties to ensure payment is secured before signing.

Steps to Filling Out Michigan Sworn Statement

Filling out the Michigan Sworn Statement form is a straightforward process that requires attention to detail. Once completed, this form will provide necessary information regarding payments owed to subcontractors, suppliers, and laborers involved in a public works project. Follow the steps below to ensure that you fill out the form correctly and completely.

  1. Begin by entering the name of the person signing the sworn statement at the top of the form.
  2. Specify the name of the company involved in the project.
  3. Select the appropriate designation for your role: contractor, subcontractor, or supplier.
  4. Fill in the county where the public works project is located.
  5. Provide the contract number associated with the project.
  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 along with the following details for each:
    • Name of Subcontractor, Supplier, or Laborer
    • Type of Improvement Furnished
    • Total Contract Price
    • Amount Already Paid
    • Balance Owing
    • Amount Currently Owing to Laborer
    • Retention Amount
    • Fringe Benefits Due
    • Wages Due and Withholdings But Unpaid
  8. Calculate and enter the subtotal for each subcontractor, supplier, or laborer listed.
  9. Provide the total amounts due at the bottom of the section.
  10. Indicate whether any materials have been procured or subcontracted with persons not listed on the form.
  11. State your position (contractor, subcontractor, or supplier) or the title of the authorized agent if applicable.
  12. Sign and date the form in the designated area.
  13. Have the form notarized by a Notary Public, who will also fill in their commission expiration date and county of action.

After completing these steps, you will have a fully filled-out Michigan Sworn Statement form. This form should then be submitted to the appropriate parties involved in the public works project to ensure compliance and proper record-keeping.

More About Michigan Sworn Statement

What is a Michigan Sworn Statement?

A Michigan Sworn Statement is a legal document used primarily in construction projects. It provides a detailed account of the payments due to subcontractors, suppliers, and laborers involved in a public works project. This statement ensures that all parties are aware of any outstanding payments and helps protect against potential liens on the property.

Who needs to complete a Michigan Sworn Statement?

Typically, contractors, subcontractors, and suppliers involved in public works projects in Michigan are required to complete this form. If you are responsible for managing payments to laborers or subcontractors, this document is essential to confirm that all parties are paid appropriately and to avoid any claims against the project.

What information is required on the form?

The form requires specific details, including the names of subcontractors and laborers, the type of work performed, the total contract amount, amounts already paid, and any outstanding balances. You will also need to indicate whether you are a contractor, subcontractor, or supplier and provide a description of the public works project.

What happens if the information provided is inaccurate?

Providing false information on a Michigan Sworn Statement can lead to serious consequences. If someone intentionally submits incorrect details to obtain payment, they may face both criminal and civil penalties. It is crucial to ensure that all information is accurate and complete before signing the document.

Is notarization required for the Michigan Sworn Statement?

Yes, the Michigan Sworn Statement must be notarized. This step adds a layer of authenticity to the document, confirming that the person signing the statement has done so voluntarily and is aware of the contents. A notary public will witness the signing and provide their seal on the document.

What is the purpose of the sworn statement?

The primary purpose of the sworn statement is to protect the interests of all parties involved in a construction project. It ensures that subcontractors and suppliers are compensated for their work and helps prevent any claims of liens on the property. By providing this statement, you affirm that the project is free from any claims, except those specifically noted.

Can the sworn statement be modified?

Yes, modifications can be made to the sworn statement, but they must be done carefully. Any changes should be clearly documented, and it is advisable to consult with a legal professional to ensure compliance with Michigan law. Always keep copies of any amended documents for your records.

How often should a Michigan Sworn Statement be submitted?

The frequency of submitting a Michigan Sworn Statement can vary based on the project's scope and payment schedule. It is typically submitted at key milestones, such as before payment requests or when a project phase is completed. Always check the specific requirements of the contract and consult with relevant parties to determine the appropriate timing.

Where can I obtain a Michigan Sworn Statement form?

You can obtain a Michigan Sworn Statement form from various sources, including legal form websites, construction industry associations, or directly from legal professionals. Ensure that you are using the most current version of the form to comply with state requirements.

Common mistakes

  1. Failing to provide the correct names of all subcontractors, suppliers, and laborers. It's essential to ensure that each name is accurately spelled and corresponds with official records.

  2. Not selecting the appropriate contractor, subcontractor, or supplier option. This choice affects the entire document and can lead to misunderstandings about responsibilities.

  3. Omitting the MDOT Contract ID Number. This number is crucial for identifying the specific project and ensuring the statement is linked to the correct contract.

  4. Leaving out important details about the public works project. The project name and location must be clear to avoid confusion.

  5. Incorrectly calculating the amounts due for each laborer or supplier. Double-check all figures to ensure they are accurate and reflect the current status of payments.

  6. Not completing the reverse side of the form when required. If there are additional details or names that need to be included, neglecting this can lead to incomplete information.

  7. Failing to sign the document in the appropriate capacity. Make sure to indicate whether you are signing as the contractor, subcontractor, supplier, or authorized agent.

  8. Ignoring the warnings about false statements. Understanding the legal implications of providing incorrect information is crucial for all parties involved.

  9. Not obtaining a notary signature. This step is vital to validate the document and ensure it meets legal requirements.

  10. Submitting the form without reviewing it thoroughly. Take the time to read through the entire document before submission to catch any mistakes or omissions.

Documents used along the form

When working with the Michigan Sworn Statement form, several other documents are often needed to ensure compliance and clarity in contractual relationships. Here’s a list of some commonly used forms that complement the Sworn Statement.

  • Conditional Waiver and Release on Progress Payment: This document releases a contractor’s lien rights for a specific payment. It confirms that the contractor has received payment for work completed up to a certain date.
  • Final Waiver and Release of Lien: This form is used when a contractor has been fully paid for their work. It waives any future lien rights related to the project, ensuring that no further claims can be made.
  • Notice of Intent to Lien: This document notifies property owners that a contractor may file a lien if payment is not received. It serves as a warning and can prompt quicker payment.
  • Payment Bond: A payment bond guarantees that subcontractors and suppliers will be paid for their work. It protects them in case the main contractor fails to fulfill payment obligations.
  • Contractor’s Affidavit: This affidavit is a sworn statement from the contractor confirming that all subcontractors and suppliers have been paid, or that there are no outstanding debts related to the project.
  • Subcontractor Agreement: This document outlines the terms between a contractor and a subcontractor. It specifies the scope of work, payment terms, and responsibilities of each party.
  • Change Order: A change order documents any changes to the original contract, including alterations in the scope of work, budget adjustments, or timeline extensions.
  • Invoice: An invoice is a request for payment. It details the work completed, the amount owed, and any payment terms or conditions.
  • Project Completion Certificate: This certificate indicates that the project has been completed according to the contract terms. It is often required for final payments to be released.

These documents work together to create a clear and organized process for managing payments and responsibilities in construction projects. Understanding each one can help ensure that all parties are protected and informed throughout the project lifecycle.

Similar forms

The Michigan Sworn Statement form shares similarities with the Affidavit of Support, which is commonly used in immigration cases. An Affidavit of Support is a document in which a sponsor agrees to financially support an immigrant. Like the Sworn Statement, it requires the signer to provide truthful information about financial obligations. Both documents aim to assure a third party, whether it be a government agency or a contractor, that the signatory is making a sincere declaration regarding their responsibilities and financial commitments.

Another document that resembles the Michigan Sworn Statement is the Certificate of Payment. This certificate is often utilized in construction projects to confirm that a contractor has received payment for work completed. Similar to the Sworn Statement, it details the amounts owed and confirms that all parties involved have been compensated appropriately. Both documents serve to protect the rights of workers and ensure transparency in financial transactions related to construction projects.

The Lien Waiver is also akin to the Michigan Sworn Statement. A Lien Waiver is a document that relinquishes a contractor's right to file a lien against a property once they have been paid for their services. This document, like the Sworn Statement, provides assurance to property owners and general contractors that all subcontractors and suppliers have been compensated, thus preventing potential disputes over unpaid wages. Both documents emphasize the importance of clear communication regarding financial obligations in construction projects.

The Payment Bond is another document that shares a connection with the Michigan Sworn Statement. A Payment Bond is a surety bond that guarantees payment to all subcontractors and suppliers on a construction project. The Sworn Statement serves a similar purpose by affirming that the contractor has fulfilled their payment obligations. Both documents are crucial in ensuring that all parties involved in a project are protected from financial loss due to non-payment.

Lastly, the Contractor’s Affidavit is comparable to the Michigan Sworn Statement. This affidavit is often required at the conclusion of a construction project to verify that all labor and materials have been paid for. Like the Sworn Statement, it requires the contractor to attest to the truthfulness of the information provided, thereby ensuring that the project is free from any claims or liens. Both documents reflect a commitment to transparency and accountability in the construction industry.

Dos and Don'ts

When filling out the Michigan Sworn Statement form, it is crucial to ensure accuracy and compliance. Here are six important do's and don'ts to consider:

  • Do provide accurate names and details for all subcontractors, suppliers, and laborers involved in the project.
  • Do ensure that all amounts due are clearly stated and correctly calculated.
  • Do check that the correct status (contractor, subcontractor, or supplier) is selected for your role.
  • Do have the form notarized to validate the sworn statement.
  • Don't leave any sections blank; fill in all required fields to avoid delays.
  • Don't provide false information, as this could lead to serious legal consequences.

Following these guidelines will help ensure the form is completed correctly and submitted on time.

Misconceptions

  • Misconception 1: The Michigan Sworn Statement form is only for contractors.
  • This form is applicable to contractors, subcontractors, and suppliers. Anyone involved in a public works project can use it to declare their financial obligations and ensure they are protected from potential liens.

  • Misconception 2: Completing the form guarantees payment.
  • While the form serves as a declaration of amounts owed, it does not guarantee payment. It is a tool to inform parties involved about outstanding payments, but actual payment depends on the contractual agreements and financial arrangements in place.

  • Misconception 3: The form can be filled out after work has been completed.
  • The Michigan Sworn Statement should be completed before or at the time of requesting payment. It is meant to provide a snapshot of financial obligations at a specific time, ensuring transparency among all parties involved.

  • Misconception 4: Only unpaid wages need to be reported.
  • The form requires reporting of all unpaid amounts, including wages, fringe benefits, and withholdings. This comprehensive approach helps to clarify all financial responsibilities associated with the project.

  • Misconception 5: There are no penalties for providing false information.
  • Submitting a false sworn statement can lead to serious consequences. Individuals may face both criminal and civil penalties if they intentionally misrepresent information on the form. Honesty is crucial when filling it out.

Key takeaways

When filling out and using the Michigan Sworn Statement form, it’s essential to follow specific guidelines to ensure compliance and accuracy. Here are nine key takeaways to keep in mind:

  • Identify Your Role: Clearly state whether you are a contractor, subcontractor, or supplier. This designation affects the responsibilities outlined in the form.
  • Provide Accurate Project Details: Include the correct contract number and project name. This information is crucial for establishing the context of your statement.
  • List All Relevant Parties: Ensure that you include all subcontractors, suppliers, and laborers involved in the project. This transparency helps avoid potential disputes.
  • Detail Financial Obligations: Clearly outline the amounts owed to each party. This includes total amounts, payments already made, and any balances due.
  • Declare No Other Obligations: Confirm that you have not procured materials or subcontracted with anyone not listed in the statement. This protects you from future claims.
  • Understand the Legal Implications: Be aware that providing false information can lead to serious criminal and civil penalties. Honesty is paramount.
  • Sign in the Presence of a Notary: The statement must be signed and sworn before a notary public. This adds an essential layer of authenticity to your declaration.
  • Keep Copies for Your Records: Always retain a copy of the completed sworn statement for your records. This documentation can be vital in case of future disputes.
  • Stay Informed on Changes: Laws and regulations can change. Regularly check for updates regarding the Michigan Sworn Statement form to ensure ongoing compliance.

Taking these steps seriously will help protect your interests and ensure that your dealings in public works projects are conducted smoothly and legally.