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Outline

The Michigan Sworn Statement form is a critical document used in the construction industry to ensure transparency and compliance with payment obligations. It serves as a formal declaration by contractors, subcontractors, or suppliers involved in public works projects in Michigan. This form outlines essential details such as the names of all subcontractors, suppliers, and laborers associated with a project, as well as the amounts due for labor and materials provided. The statement must accurately reflect any unpaid wages, fringe benefits, or withholdings owed to these parties. By completing this form, the signatory affirms that no other claims or liens exist against the project, thereby protecting the interests of the owner or general contractor. It is imperative to note that submitting a false sworn statement can lead to serious legal consequences, including criminal and civil penalties. The Michigan Sworn Statement not only facilitates the payment process but also reinforces accountability among all parties involved in the construction project.

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

Form Information

Fact Name Details
Purpose The Michigan Sworn Statement form is used to provide a declaration regarding the payment status of subcontractors, suppliers, and laborers for public works projects.
Governing Law This form is governed by Michigan law, specifically the Michigan Construction Lien Act (MCL 570.1101 et seq.).
Required Information It requires details such as the names of subcontractors, total amounts due, and any balances owed for labor or materials.
Notarization The form must be signed in the presence of a notary public, ensuring the authenticity of the declaration.
Liability Warning Individuals providing false information on this form may face criminal and civil penalties under Michigan law.
Contractor Types The form can be completed by contractors, subcontractors, or suppliers, each of whom must indicate their role in the project.
Payment Conditions It includes a conditional waiver of lien rights, which is dependent on the receipt of payment for work completed.

Detailed Guide for Filling Out Michigan Sworn Statement

Completing the Michigan Sworn Statement form is an important step in ensuring that all parties involved in a public works project are accurately represented regarding payments due. After filling out the form, it will need to be submitted to the appropriate parties, such as the owner or general contractor, to confirm that no outstanding claims exist against the project. Follow these steps carefully to ensure your form is filled out correctly.

  1. Begin by entering the name of the person signing the sworn statement at the top of the form.
  2. In the next section, write the name of the company involved in the project.
  3. Select one of the options: contractor, subcontractor, or supplier, and fill in the corresponding information.
  4. Specify the county where the public works are situated.
  5. Provide the contract number and project name for the work being performed.
  6. List each subcontractor, supplier, or laborer involved in the project, including their names and the type of work they performed.
  7. Fill in the total amount of the contract, the amount already paid, the current amount owing, and any retention amounts for each individual listed.
  8. Summarize the total amounts due at the bottom of the list.
  9. Confirm that no other materials were procured or subcontracted beyond what is listed on the form.
  10. Indicate your capacity (contractor, subcontractor, or supplier) or the authorized agent's name if applicable.
  11. Sign the form and date it.
  12. Have the statement notarized by a Notary Public, including their signature and commission expiration date.

Obtain Answers on Michigan Sworn Statement

  1. What is the Michigan Sworn Statement form?

    The Michigan Sworn Statement form is a legal document used primarily in the construction industry. It is designed to provide a sworn declaration by contractors, subcontractors, or suppliers regarding the payment status of laborers and materials associated with public works projects. This form helps ensure that all parties involved are aware of any outstanding payments and protects against potential claims or liens on the project.

  2. Who needs to fill out 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 have contracted, subcontracted, or supplied materials or labor for the project. The individual signing the form must be authorized to make such declarations on behalf of their company.

  3. What information is required on the form?

    The form requires several key pieces of information, including:

    • The name of the person signing the sworn statement.
    • The name of the company involved in the project.
    • Details about the public works project, such as the contract number and project name.
    • A detailed list of subcontractors, suppliers, and laborers, along with the amounts due to each.
    • A declaration that no additional claims or debts exist beyond those listed.
  4. What is the purpose of the sworn statement?

    The primary purpose of the sworn statement is to confirm that the public works project is free from claims of construction or bond liens, except for those specifically noted on the form. This protects the owner, lessee, or general contractor from unexpected claims and helps maintain the integrity of the payment process.

  5. What are the consequences of providing false information?

    Providing false information on the sworn statement can lead to serious consequences. Individuals who intentionally misrepresent facts with the intent to defraud may face both criminal and civil penalties as outlined by Michigan law. This serves as a strong deterrent against dishonesty in financial dealings related to construction projects.

  6. How does the sworn statement affect payment processes?

    The sworn statement plays a crucial role in the payment process for public works projects. It serves as a verification tool for the owner or general contractor, ensuring that all parties involved are compensated fairly and that there are no outstanding debts that could complicate the project. Payment may be contingent upon the submission of this form.

  7. Is notarization required for the sworn statement?

    Yes, notarization is a requirement for the Michigan Sworn Statement form. The individual signing the document must do so in the presence of a notary public, who will then verify their identity and witness the signing. This adds an additional layer of authenticity to the document.

  8. What should be done if there are unpaid amounts listed?

    If there are unpaid amounts listed on the sworn statement, it is essential for the contractor or subcontractor to address these issues before submitting the form. Unresolved payment disputes can lead to claims against the project, which could jeopardize future payments and the overall success of the project.

  9. Can the sworn statement be amended after submission?

    Amendments to the sworn statement may be possible, but they typically require careful documentation and possibly the resubmission of the form. It is advisable to consult legal counsel or a construction law expert if changes need to be made after the form has been filed.

  10. Where can one obtain the Michigan Sworn Statement form?

    The Michigan Sworn Statement form can be obtained from various sources, including legal supply stores, construction industry associations, or online from official state websites. It is important to ensure that the most current version of the form is used to comply with any legal requirements.

Common mistakes

Filling out the Michigan Sworn Statement form can be straightforward, but there are common mistakes that individuals often make. One frequent error is failing to provide complete names. When entering the name of the person signing the statement or the company involved, it’s crucial to ensure that all names are spelled correctly and are complete. Omitting parts of a name or using abbreviations can lead to confusion and may render the document invalid.

Another common mistake involves the selection of roles. The form requires you to select whether you are a contractor, subcontractor, or supplier. People sometimes forget to make this selection or choose the wrong category. This can misrepresent your position in the transaction and potentially lead to legal complications. Always double-check that you have selected the appropriate role before submitting the form.

Inaccurate financial figures are also a significant issue. It’s essential to ensure that the amounts listed for contracts, payments made, and amounts owed are accurate and up-to-date. Errors in these figures can result in disputes and may even lead to legal penalties. Take the time to verify all financial information before finalizing the document.

Lastly, neglecting to have the document notarized is a critical oversight. The sworn statement must be signed in the presence of a notary public to be legally binding. If this step is missed, the statement may not hold up in court, defeating its purpose. Always ensure that a notary public has witnessed your signature and that their information is correctly filled out on the form.

Documents used along the form

The Michigan Sworn Statement form is a crucial document in construction and contracting processes. It ensures that all parties involved are aware of their financial obligations and helps prevent claims against public works projects. Several other documents often accompany this form to provide a comprehensive overview of the contractual relationships and obligations. Here are five commonly used forms:

  • Full Conditional Waiver: This document confirms that a contractor or supplier has received full payment for their services. By signing this waiver, they relinquish any future claims against the payment bond related to the project, provided the payment is received. It helps clear the way for the release of funds to the next party in line.
  • Notice of Lien Claim: This is a formal notice filed by a contractor or supplier to protect their right to payment. It informs the property owner and other interested parties of the claimant's intention to file a lien against the property if payment is not made. This document is essential for enforcing payment rights.
  • Payment Bond: A payment bond is a type of surety bond that guarantees payment to subcontractors and suppliers. It protects these parties by ensuring they will be compensated for their work, even if the primary contractor fails to pay. This bond is often required on public works projects.
  • Subcontractor Agreement: This agreement outlines the terms and conditions between a contractor and a subcontractor. It specifies the scope of work, payment terms, and responsibilities of each party. This document is vital for defining the working relationship and ensuring clarity on obligations.
  • Certificate of Insurance: This document provides proof that a contractor or subcontractor has the necessary insurance coverage for the project. It protects all parties involved by ensuring that there is financial backing in case of accidents or damages during the project.

These documents work together with the Michigan Sworn Statement form to create a transparent and secure framework for construction projects. Understanding their roles can help all parties navigate the complexities of contracting and ensure compliance with legal requirements.

Similar forms

The Michigan Sworn Statement form serves a specific purpose in construction and contracting, but it shares similarities with several other important documents. Here’s a look at five documents that are comparable to the Michigan Sworn Statement, highlighting their similarities:

  • Affidavit of Payment: This document is often used to confirm that all subcontractors and suppliers have been paid for their work. Like the Michigan Sworn Statement, it requires a sworn declaration and provides details about payments made, ensuring that no outstanding debts exist.
  • Release of Lien: A release of lien is a document that confirms a contractor or subcontractor has received payment and waives any future claims against the property. Similar to the Michigan Sworn Statement, it aims to protect the property owner from potential lien claims, ensuring that all parties have been compensated.
  • Notice of Intent to Lien: This document notifies the property owner that a contractor or subcontractor intends to file a lien due to non-payment. It shares a common goal with the Michigan Sworn Statement by emphasizing the importance of payment and the potential consequences of unpaid debts.
  • Payment Application: A payment application is submitted by contractors to request payment for work completed. This document, like the Michigan Sworn Statement, details the work done and the amounts owed, providing transparency and accountability in the payment process.
  • Construction Contract: A construction contract outlines the terms of the agreement between parties involved in a construction project. While it serves a broader purpose, it contains similar elements, such as payment terms and obligations of the parties, ensuring that all parties understand their responsibilities and the importance of fulfilling them.

Dos and Don'ts

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

  • Do provide accurate names for all parties involved, including the contractor, subcontractor, and laborers.
  • Do ensure all amounts listed are correct and reflect the current status of payments due.
  • Do select the appropriate titles for your role, whether you are acting as a contractor, subcontractor, or supplier.
  • Do include the correct MDOT Contract ID Number and project name to avoid confusion.
  • Do have the form notarized to validate the sworn statement.
  • Don't leave any sections blank; all fields must be completed to avoid rejection.
  • Don't provide false information, as this can lead to criminal and civil penalties.
  • Don't forget to double-check the totals for accuracy before submission.
  • Don't sign the document without verifying that you have the authority to do so.
  • Don't ignore the warning regarding the consequences of submitting a false statement.

Misconceptions

Understanding the Michigan Sworn Statement form is essential for contractors, subcontractors, and suppliers involved in public works projects. However, several misconceptions can lead to confusion. Here’s a list of common misunderstandings about this important document:

  • It’s only for contractors. Many believe that only contractors need to fill out the Sworn Statement. In reality, subcontractors and suppliers also have to complete this form to ensure they are protected and recognized in the payment process.
  • It guarantees payment. Some think that submitting a Sworn Statement automatically guarantees payment. While it provides important information about outstanding debts, it does not ensure that payment will be made.
  • All claims must be listed. There is a misconception that every claim must be included in the Sworn Statement. However, only those claims that are due and unpaid need to be documented.
  • It’s a one-time requirement. Many assume that the Sworn Statement is only necessary at the beginning of a project. In truth, it may need to be submitted multiple times throughout the project, especially as payments are made or as new subcontractors are hired.
  • Only the main contractor signs it. Some believe that only the primary contractor is responsible for signing the Sworn Statement. However, any authorized agent, including subcontractors, can sign it on behalf of their company.
  • It’s the same as a lien waiver. There’s often confusion between the Sworn Statement and a lien waiver. While both documents relate to payment, a lien waiver releases claims against a property, while the Sworn Statement provides a declaration of unpaid debts.
  • It’s optional. Some individuals think that submitting the Sworn Statement is optional. In many cases, especially in public works projects, it is a legal requirement to protect the rights of all parties involved.
  • Filling it out is straightforward. While the form may appear simple, many find it challenging to complete accurately. It’s crucial to understand the details and ensure all information is correct to avoid potential legal issues.
  • It doesn’t have legal consequences. Some people underestimate the seriousness of the Sworn Statement. Providing false information can lead to severe legal penalties, including criminal charges.

By addressing these misconceptions, parties involved in public works projects can better navigate the complexities of the Michigan Sworn Statement form and protect their rights effectively.

Key takeaways

Filling out and using the Michigan Sworn Statement form is crucial for contractors, subcontractors, and suppliers involved in public works projects. Here are some key takeaways to keep in mind:

  • Understand the Purpose: The form serves to confirm that payments are due to subcontractors, suppliers, and laborers. It helps ensure that all parties are aware of outstanding payments related to a public works project.
  • Accurate Information is Essential: Make sure to fill in all required fields accurately, including names, contract numbers, and amounts owed. Errors can lead to delays or disputes.
  • Include All Relevant Parties: List every subcontractor and supplier involved in the project. This transparency protects everyone’s interests and helps prevent future claims.
  • Be Aware of Legal Consequences: The form includes a warning about the legal penalties for providing false information. Take this seriously, as intentional fraud can lead to criminal charges.
  • Know Your Role: Clearly identify whether you are acting as a contractor, subcontractor, or supplier. This designation affects your responsibilities and rights under the law.
  • Review Before Signing: Before you sign the form, review it thoroughly. Ensure that it reflects the current status of payments and obligations.
  • Notary Requirement: The form must be notarized. This adds a layer of authenticity and can help in case of disputes over payment.
  • Use the Reverse Side: Don’t forget to utilize the reverse side of the form for additional details about amounts owed and any other relevant information.

By following these guidelines, you can effectively use the Michigan Sworn Statement form to protect your interests and ensure compliance with state laws.