Blank Michigan Sworn Statement PDF Form

What is the Michigan Sworn Statement form?

The Michigan Sworn Statement form is a legal document used in the construction industry. It serves as a declaration by a contractor, subcontractor, or supplier regarding payments owed to laborers and subcontractors for work done on public works projects. This form helps ensure that all parties involved are aware of any outstanding payments and protects against potential claims of construction or bond liens.

Who needs to complete the Michigan Sworn Statement?

Typically, contractors, subcontractors, and suppliers involved in public works projects in Michigan are required to complete this form. It is essential for those who are seeking payment for their services or materials provided. The person signing the form must be authorized to represent the company or entity involved in the project.

What information is required on the form?

The form requires specific details, including the name of the person signing, the name of the company, the type of role (contractor, subcontractor, or supplier), and the project details. Additionally, it must list all subcontractors, suppliers, and laborers, along with amounts owed for wages, fringe benefits, and any other payments due. This information helps clarify any outstanding financial obligations related to the project.

What happens if false information is provided?

Providing false information on the Michigan Sworn Statement form can lead to serious consequences. The individual who signs the form may face both criminal and civil penalties. This warning is included to emphasize the importance of honesty and accuracy when completing the document.

How does this form protect against liens?

The Michigan Sworn Statement serves as a declaration that the public works project is free from claims of construction or bond liens, except for those specifically noted on the form. This protection is crucial for ensuring that the project owner and general contractor are not liable for any unpaid claims from subcontractors or laborers.

Is notarization required for the form?

Yes, the Michigan Sworn Statement must be notarized. The person signing the document must do so in the presence of a notary public, who will then acknowledge the signature. This step adds a layer of authenticity and legal validity to the form.

Where should the completed form be submitted?

The completed Michigan Sworn Statement form should be submitted to the appropriate party involved in the public works project. This typically includes the project owner, general contractor, or any other relevant stakeholders who require proof of payment status for laborers and subcontractors.

1. Failing to provide the correct name of the person signing the sworn statement. This information is crucial for identification purposes.

2. Not selecting the appropriate type of entity (contractor, subcontractor, or supplier). This choice affects the legal responsibilities outlined in the statement.

3. Omitting the Contract No. and Project Name. These details are essential for linking the statement to a specific project.

4. Incorrectly listing subcontractors and suppliers. Ensure that all parties involved are accurately named to avoid disputes.

5. Failing to include the total amounts due for laborers and suppliers. This information must be clear and complete to prevent misunderstandings.

6. Not specifying the amounts already paid versus the amounts currently owed. This distinction is vital for transparency.

7. Neglecting to indicate if any fringe benefits are due. This could lead to potential claims against the contractor or subcontractor.

8. Failing to sign the document in front of a notary public. A notarized signature is often required for the statement to be valid.

9. Not including the expiration date of the notary's commission. This information is necessary for the legality of the notarization.

10. Ignoring the warnings about false statements. Understanding the legal implications of providing incorrect information is crucial.

The Michigan Sworn Statement form is a critical document in construction and contracting, particularly in public works projects. It serves to affirm that payments owed to subcontractors, suppliers, and laborers are accurately reported. Several other forms and documents are often used in conjunction with this form to ensure compliance and protect the rights of all parties involved. Below is a list of these related documents.

• Full Conditional Waiver: This document serves to release a contractor's or supplier's rights under a payment or lien bond once they have received full payment. It ensures that the contractor cannot pursue further claims against the prime contractor or surety after payment is made.
• Notice of Lien Claim: This document is filed to assert a claim against a property for unpaid work or materials. It serves as a formal notification to the property owner and other interested parties that a lien may be placed if payment is not received.
• Payment Bond: A payment bond is a type of surety bond that guarantees payment to subcontractors and suppliers in the event that the contractor fails to pay them. This bond protects the interests of those who provide labor and materials for a project.
• Contractor's Affidavit: This affidavit is used by the contractor to confirm that all subcontractors and suppliers have been paid and that there are no outstanding claims against the project. It provides assurance to the owner that the project is free from liens.
• Subcontractor Agreement: This document outlines the terms and conditions between a contractor and a subcontractor. It details the scope of work, payment terms, and other obligations, ensuring all parties understand their responsibilities.
• Change Order: A change order is a document that modifies the original construction contract. It may include changes in scope, price adjustments, or extensions of time, and must be agreed upon by all parties involved in the project.

These documents work together to create a clear framework for payment and obligations in construction projects. Understanding their roles can help ensure compliance and protect the rights of all parties involved in the contracting process.

The Michigan Sworn Statement form serves a specific purpose in the construction industry, ensuring that all parties involved are aware of the financial obligations related to a public works project. Several other documents share similarities with this form in terms of function and intent. Here’s a list of nine such documents:

• Affidavit of Payment: This document is similar as it confirms that all subcontractors and suppliers have been paid for their work. It is often used to protect against future claims of non-payment.
• Conditional Waiver of Lien: This waiver indicates that a party will relinquish their right to file a lien against a property, but only upon receipt of payment. Like the Sworn Statement, it helps ensure transparency in financial transactions.
• Unconditional Waiver of Lien: Unlike the conditional version, this waiver states that a lien is waived regardless of whether payment has been received. It provides assurance to property owners that no future claims will arise from the contractor or subcontractor.
• Payment Bond: This document guarantees that subcontractors and suppliers will be paid for their work, similar to the assurances provided in a Sworn Statement. It protects project owners from the risk of non-payment.
• Notice of Intent to Lien: This document serves as a warning to property owners that a lien may be filed if payment is not made. It shares the purpose of informing parties of potential claims related to unpaid work.
• Contractor's Affidavit: This affidavit confirms that a contractor has paid all subcontractors and suppliers, similar to the Michigan Sworn Statement. It is often required before final payment is made on a project.
• Subcontractor's Statement: This document outlines the financial obligations of a subcontractor to their suppliers and laborers. It parallels the Sworn Statement by detailing amounts owed and ensuring accountability.
• Final Release of Lien: This document is issued once all payments have been made, confirming that no further claims will be made against the property. It aligns with the Sworn Statement’s intent to clear any potential liens.
• Release of Claims: This document indicates that a party has received payment and waives any future claims related to the project. It serves a similar purpose by ensuring that all parties are on the same page regarding financial obligations.

Understanding these documents can help ensure smoother transactions and protect the rights of all parties involved in construction projects.

When filling out the Michigan Sworn Statement form, there are several important guidelines to follow. Here’s a list of things you should and shouldn’t do:

• Do ensure that all names are spelled correctly.
• Do provide accurate information regarding the type of contractor, subcontractor, or supplier.
• Do clearly describe the public works project and include the correct contract number.
• Do list all subcontractors and suppliers accurately, along with the amounts due.
• Do review the form for completeness before submission.

• Don't leave any sections blank; every part of the form must be filled out.
• Don't provide false information; this could lead to serious legal consequences.
• Don't forget to sign and date the form in front of a notary public.
• Don't overlook the importance of the warning regarding false statements.

By following these guidelines, you can ensure that your Michigan Sworn Statement form is completed accurately and effectively.

• Misconception 1: The Michigan Sworn Statement form is only for contractors.

This is incorrect. While contractors often use the form, subcontractors and suppliers also have the right to complete and submit it. The form serves to ensure all parties involved in a public works project are acknowledged and compensated appropriately.

• Misconception 2: The form guarantees payment to all listed subcontractors and suppliers.

Listing a subcontractor or supplier on the form does not guarantee payment. It merely states that the contractor has acknowledged their involvement and any outstanding amounts. Actual payment depends on the terms of the contract and the financial situation of the contractor.

• Misconception 3: The Sworn Statement is optional for public works projects.

This is false. In Michigan, the use of the Sworn Statement is often a requirement for public works projects. It helps to protect the rights of all parties involved and ensures transparency in financial dealings.

• Misconception 4: Once the form is submitted, it cannot be amended.

This is misleading. If there are changes in the amounts owed or the parties involved, the form can be amended. However, it is crucial to keep accurate records and notify relevant parties of any changes promptly.

• Misconception 5: Providing false information on the form has no serious consequences.

This is a serious misunderstanding. Providing false information on a Sworn Statement can lead to criminal charges, civil penalties, and loss of credibility in future dealings. It is essential to ensure all information is accurate and truthful.

Filling out the Michigan Sworn Statement form is a critical step in ensuring compliance and protecting rights in construction projects. Here are some key takeaways to consider:

• Identify the Role: Clearly specify whether the signatory is a contractor, subcontractor, or supplier. This establishes the context of the statement.
• Provide Accurate Information: Ensure that the names of all subcontractors, suppliers, and laborers are correctly listed, along with the amounts owed. Accuracy is vital.
• Detail the Project: Include the contract number and project name. This information ties the statement to a specific public works project.
• Check for Completeness: Verify that all required fields are filled out, including amounts due for labor, materials, and fringe benefits.
• Understand the Legal Implications: Be aware that providing false information can lead to criminal and civil penalties. Honesty is crucial.
• Signature Requirements: The form must be signed by an authorized person, which may be an officer or an agent of the company.
• Notarization: Ensure the document is notarized. This adds an additional layer of authenticity and legality to the statement.
• Reverse Side Information: Review the reverse side of the form for any additional requirements or disclosures that must be included.
• Use the Waiver Wisely: If applicable, understand the conditions of the full conditional waiver and ensure it is filled out correctly when payment is received.

Completing the Michigan Sworn Statement form accurately and thoroughly helps to protect the rights of all parties involved in a construction project. It also ensures compliance with state regulations, minimizing the risk of disputes.