Free Michigan Sworn Statement Form in PDF

Instructions on Writing Michigan Sworn Statement

Completing the Michigan Sworn Statement form is essential for any contractor, subcontractor, or supplier involved in public works improvements within Michigan. This document plays a crucial role in ensuring transparency and honesty in financial dealings related to construction projects. It is used to declare that all subcontractors and suppliers have been paid or to outline amounts still owed. The process of filling out this form accurately requires attention to detail and an understanding of the project's financial aspects.

1. Start by entering the full legal name of the person completing the form where indicated as <>.
2. Indicate the company's name in the space provided as <>.
3. Select the appropriate designation for the company (contractor, subcontractor, supplier) by circling or highlighting the relevant term.
4. Fill in the name of the county where the improvement project is located in the blank space provided.
5. Enter the MDOT Contract ID Number and the project name in the respective spaces.
6. Detail the subcontractors, suppliers, and laborers involved in the project, along with the type of labor or materials supplied, total amount furnished, the contract price, amount already paid, amount currently owing, and any due but unpaid fringe benefits, wages, or withholdings.
7. Calculate and enter the subtotals and total amounts at the bottom of the form.
8. Confirm that no material was procured or subcontracted from any party not listed in the form and that all sums owed for the improvement have been accurately reported.
9. If you're an authorized agent and not an officer or employee of the company, specify your role where instructed.
10. Read the warning section carefully, acknowledging the legal implications of filing a false sworn statement.
11. Sign the form in the presence of a Notary Public on the date indicated.
12. The Notary Public will fill in their name, county, commission expiration date, and provide their signature and seal.

Once completed, this form serves as an official declaration of financial transparency concerning the public works project. It assures all parties, including the state, that payments to involved subcontractors, suppliers, and laborers have been handled or disclosed honestly. Additionally, completing this form accurately helps protect against potential legal disputes or claims related to payment issues.

What is a Michigan Sworn Statement form?

A Michigan Sworn Statement form is a legally binding document used in construction projects. It is a declaration by a contractor, subcontractor, or supplier about the payment status of laborers, subcontractors, and suppliers. This document outlines the work or materials provided, the contract amount, amounts already paid, and the balance owing, ensuring transparency and accuracy in financial dealings on public works projects in Michigan.

Who needs to fill out a Michigan Sworn Statement form?

Contractors, subcontractors, and suppliers involved in improvement projects on public works in Michigan must fill out this form. It's specifically designed for those who have financial obligations like unpaid wages, fringe benefits, and withholdings to laborers or amounts owed to subcontractors and suppliers.

How does the Michigan Sworn Statement form protect against fraud?

This document includes a stern warning about the legal consequences of providing false information. The false sworn statement with the intent to defraud, aimed at obtaining payment that is not rightfully due, exposes the individual to criminal and civil penalties under law. This provision is a deterrent against dishonesty and ensures integrity in financial disclosures.

What information is required on the Michigan Sworn Statement form?

The form requires comprehensive details including the name of the person signing, the name of the company, their role (contractor, subcontractor, supplier), the county where the project is located, details of the public works project (contract number, project name), and a detailed account of all parties (laborers, subcontractors, suppliers) owed money, the amount of labor or materials furnished, contract price, amount paid, and balance due.

Is the Michigan Sworn Statement form a public record?

Since it is connected to public works projects, the sworn statement may become part of the public record, depending on the governmental body's regulations and the project's scope. This accessibility ensures transparency and allows for the monitoring of financial responsibilities towards laborers and suppliers.

How often should the Michigan Sworn Statement form be updated?

It should be updated whenever there is a significant change in the project's financial situation, such as after making payments to subcontractors, suppliers, or laborers. Regular updates ensure the document accurately reflects the current financial status of the project, helping to avoid disputes and misunderstandings.

What happens if discrepancies are found in the Michigan Sworn Statement form?

If discrepancies or inaccuracies are discovered, it may lead to investigations and could delay payments until issues are resolved. Discrepancies also risk breach of contract allegations and might expose the declarant to the mentioned legal penalties if found to have provided false information intentionally.

Can the Michigan Sworn Statement form be submitted electronically?

The specific requirements for submission can vary by county and project. While electronic submissions are increasingly common for legal documents, it's important to verify with the relevant county's regulations or the project's administrative office whether they accept electronic submissions of the Michigan Sworn Statement form.

What are the notarization requirements for the Michigan Sworn Statement form?

The form must be notarized to verify the identity of the signatory and validate the statement. The notarization section requires the notary public's signature, the date of notarization, and details of the notary's commission. Proper notarization is crucial for the document's legal standing.

Where can I find a template for the Michigan Sworn Statement form?

Templates for the Michigan Sworn Statement form can typically be found through legal resources, construction industry organizations, or specific county government websites in Michigan. Ensuring you have the latest version of the form is important for compliance with current laws and regulations.

Filling out legal documents, such as the Michigan Sworn Statement form, requires a high level of attention to detail. However, people often make mistakes, some of which are common and can lead to legal complications or delays. One frequent error is incorrectly identifying the role of the entity filling out the form (i.e., contractor, subcontractor, supplier). Ensuring the correct designation is crucial for the legal validity of the statement.

Another mistake is filling in the wrong project name or contract number. This might seem minor, but it can lead to confusion and potentially question the statement's accuracy. It's essential to double-check these details against the project records.

When listing subcontractors, suppliers, and laborers, a common oversight is omitting some of the names or not accurately specifying the type of improvement furnished. Every entity that contributed to the project should be listed to ensure the statement fully represents the project’s financial aspects.

Errors in the calculation of balances currently owed are also commonplace. These mistakes may occur due to simple math errors or not updating the form with the most recent payment information. This can signal financial mismanagement or, worse, intentional deceit, neither of which is desirable in a legal document.

Forgetting to specify the amount of retention, fringe benefits, wages due, and withholdings can lead to inaccuracies regarding financial obligations. Detailed and accurate representation of these amounts is necessary for transparency and for avoiding disputes over payments.

Ignoring the inclusion of a comprehensive list of all materials supplied or labor provided is another pitfall. It is not enough to just list the subcontractors and suppliers; what they provided needs clear articulation to support claims of payment or to establish the basis for any future lien claims.

A significant mistake is not having the sworn statement notarized. The oversight of this step can question the document's validity. The notarization provides a level of legal formalization and authentication that is often required for these documents to be recognized.

Incorrectly filling in the signature fields, such as the print name or title of the signatory, can also be problematic. This may appear to be a minor error, but it's essential for establishing the authority of the individual who is verifying the statement's accuracy.

Failing to provide a clear statement of no outstanding payments beyond those listed, or incorrectly indicating the absence of potential construction or bond liens, can have serious legal implications. It's crucial to accurately reflect the financial and legal situation regarding the project’s payments and liens.

Lastly, overlooking the "WARNING TO DEPONENT" section and not understanding the legal implications of submitting a false statement may lead some to provide inaccurate information. This not only poses a risk of criminal and civil penalties but can significantly undermine the integrity of the project and its legal and financial foundations.

For those working within the construction industry in Michigan, especially those handling contracts and legal documents, the Michigan Sworn Statement form is just one of many documents needed to manage a project efficiently and legally. This form is crucial for contractors, subcontractors, and suppliers, serving as a declaration of the payments due for labor and materials, and helping to avoid legal disputes. Alongside this form, there are several other documents often required for a comprehensive approach to project management and legal compliance.

• Notice of Commencement: This document is filed at the start of a construction project. It includes information about the property owner, contractor, surety (if applicable), project description, and property description. Its primary role is to inform all parties about the start of the project and serves as a foundational document for lien processes.
• Contract Agreement: The contract agreement between the project owner and the contractor outlines the scope of work, project duration, payment terms, and other essential conditions of the work agreement. It’s the legal backbone of the relationship between these two parties.
• Change Order Form: Throughout the construction process, alterations to the original contract are often necessary. A Change Order Form documents these changes, including adjustments in cost and project timeline. It requires agreement and signatures from both the project owner and contractor to be valid.
• Partial Waiver of Lien: This document is used when partial payments are made during the project. It waives the claimant's right to a lien for the portion of work paid for, while still allowing for future liens for remaining work. It’s essential for progressive payment arrangements.
• Final Waiver of Lien: Similar to the Partial Waiver, the Final Waiver of Lien is used at project completion. It signifies that the contractor, subcontractor, or supplier has received full payment and waives their right to file a lien against the property.
• Notice of Furnishing: Subcontractors and suppliers use this document to inform the property owner and general contractor of their involvement in the project. This notice is crucial for protecting their rights to file a lien under Michigan’s Construction Lien Act.
• Claim of Lien: If unpaid for labor, services, or materials provided, a contractor, subcontractor, or supplier can file a Claim of Lien against the property. This document puts a legal claim on the property as security for payment, subject to Michigan’s strict filing timelines and procedures.

Together, these documents form a framework that supports clear communication, legal compliance, and financial transparency on construction projects. For contractors, subcontractors, and suppliers, understanding and properly using these forms are vital steps in protecting their interests and ensuring the smooth completion of construction projects in Michigan.

The Affidavit form, similar to the Michigan Sworn Statement, is a written declaration made under oath before a notary public or other authorized officer. Both documents necessitate the signer to truthfully declare their statements, support claims, or present information, with legal consequences for any false statements, denoting their comparable importance in ensuring accountability and integrity in various legal and official matters.

A Mechanic's Lien, similarly, requires accurate representation of unpaid labor, services, or materials provided, mimicking the Sworn Statement's purpose to declare unpaid wages, benefits, and withholdings. Both documents serve to protect the financial interests of those who contribute labor or materials to a project, enabling them to claim payment through legal or contractual mechanisms when necessary.

The Payment Bond Claim forms closely resemble the Sworn Statement in that both are utilized within the construction industry to ensure that subcontractors and suppliers are duly compensated. The Sworn Statement catalogues the financial dealings and unpaid balances on a specific project, parallelly, a Payment Bond Claim is submitted to realize payment from a bond issued if those financial obligations are unmet.

Notice to Owner (NTO) forms, which subcontractors and suppliers use to inform property owners of their involvement in a project and right to file a lien if unpaid, align with the Sworn Statement’s motive. Though the Sworn Statement outlines specific unpaid balances, both documents ultimately aim to safeguard the right to payment for services rendered or materials provided on construction projects.

Conditional Waiver and Release Upon Final Payment documents share a common ground with the Sworn Statement through their association with the construction payment process. While the Sworn Statement details unpaid work, a Conditional Waiver acts conversely, providing proof of settlement and relinquishing the right to future claims or liens once a final payment is received, complementarily securing transactional fidelity in construction economics.

Unconditional Waiver and Release Upon Progress Payment forms, like the Sworn Statement, play a critical role in the progression of construction projects. They certify that payments have been received up to a certain point without contest, just as the Michigan Sworn Statement verifies outstanding amounts. Both forms are pivotal in clarifying the financial status and progression towards the resolution of debts within construction ventures.

The Proof of Claim form, used in bankruptcy proceedings, parallels the Michigan Sworn Statement's function in declaring amounts owed. Creditors furnish Proof of Claim to outline the debt owed by the bankruptcy estate, similar to how a contractor, subcontractor, or supplier uses the Sworn Statement to report unpaid labor costs and material expenses, exemplifying their shared objective of securing owed payments.

A Release of Lien document contrasts yet complements the Michigan Sworn Statement's intent by signifying that previously claimed debts have been settled. The Sworn Statement can initiate a claim process by acknowledging outstanding debts. In contrast, a Release of Lien concludes this process, verifying that payment has been made and obviating the described liabilities, hence closing the loop on financial disputes in property improvements.

The Construction Contract itself, while not a sworn document, sets the groundwork that necessitates the use of a Michigan Sworn Statement by defining the project's scope, terms, and the financial responsibilities of each party involved. The Sworn Statement comes into play when discrepancies or delinquencies in financial duties arise, serving as a tool to reaffirm the obligations initially stipulated in the contract.

Lastly, the Schedule of Values, often used in the construction industry to breakdown the project costs, shares similarities with the Sworn Statement by detailing financial aspects of a construction project. However, while the Schedule of Values provides a comprehensive forecast or record of costs, the Sworn Statement specifically addresses the actual payments due to subcontractors, suppliers, and laborers, illustrating a focused snapshot of financial accountability.

When filling out the Michigan Sworn Statement form, it is crucial to follow a set of guidelines to ensure the document's accuracy and legality. Here are tasks to embrace and avoid during this process:

• Review the entire form before beginning. Understand each section's purpose to provide accurate information.
• Ensure that all information is current and correct. This includes double-checking the names of subcontractors and suppliers, the amounts due, and the project details.
• Use the exact legal names of companies and individuals. Mistakes in spelling or inaccuracies can lead to legal complications or delays.
• Sign the form in front of a notary public. This step is vital for the document to be considered legally binding.

• Leave any fields blank. If a section does not apply, enter “N/A” (not applicable) instead of leaving it empty.
• Misrepresent any details. Providing false information can lead to severe criminal and civil penalties.
• Forget to list any subcontractors or suppliers you have worked with. Omitting names and amounts owed can jeopardize your legal protections.
• Sign the document without verifying every detail. Once signed, the statement affirms that all information is accurate and complete to the best of your knowledge.

When it comes to legal documentation, misunderstandings can lead to significant consequences, especially with something as pivotal as the Michigan Sworn Statement form. Below, we’ll dispel seven common misconceptions about this form to ensure clarity and compliance.

• Only contractors can use the form: A prevalent misconception is that the Michigan Sworn Statement form is exclusively for contractors. In reality, subcontractors and suppliers can also use this form. It serves as a declaration of the work performed or materials supplied to a project, listing unpaid wages, fringe benefits, and withholdings.
• It's just a formality: Some might mistakenly view this document as a mere formality without significant legal weight. However, the Sworn Statement is a critical legal document. It can serve as evidence in disputes related to payments, implying that accuracy and honesty in its completion are paramount.
• It protects only the signatory: The Sworn Statement is often misunderstood to solely protect the interests of the individual or entity that signs it. In reality, it benefits the entire project hierarchy by providing transparency about payments and potential liens, safeguarding the interests of owners, lessees, or general contractors alongside those of the signatory.
• No legal penalties for inaccuracies: Another dangerous misconception is the belief that inaccuracies or omissions in the Sworn Statement carry no legal repercussions. The form includes a warning highlighting the criminal and civil penalties for intentionally providing false statements, emphasizing the need for accuracy.
• Submission is optional: Some individuals might mistakenly believe that submitting a Sworn Statement is optional. Depending on the project's requirements and Michigan's legal stipulations, submission may be mandatory, especially in public works projects where it serves as a formal record of payments and potential liens.
• One-size-fits-all document: A common misunderstanding is that one standardized Sworn Statement form can be used across all projects. While the form's basic structure remains consistent, the specifics—such as the details of contractors, subcontractors, suppliers, and the nature of improvements—must be accurately filled out to reflect the nuances of each project.
• Does not require notarization: Lastly, it’s wrongly assumed that the Sworn Statement does not need to be notarized. The process of notarization, as indicated at the end of the document, is crucial. It adds a layer of verification that the person signing the statement is indeed who they claim to be, enhancing the statement's credibility.

Clearing up these misconceptions about the Michigan Sworn Statement form is vital for anyone involved in construction projects within the state. Understanding its significance, requirements, and the need for accuracy ensures that all parties are protected and legal obligations are met.

When preparing and submitting a Michigan Sworn Statement form, it is crucial to understand its purpose and the detailed requirements needed to complete it accurately. Below are key takeaways to guide individuals and businesses through the process:

• Complete Accuracy is Required: The person completing the statement must ensure all information provided is correct and fully detailed, especially when listing subcontractors, suppliers, and laborers, along with the corresponding amounts owed to them.
• Identification of Parties: The form requires the identification of the company filling out the form (whether as a contractor, subcontractor, or supplier) and the public works project details, including the Michigan Department of Transportation (MDOT) Contract ID Number and project name.
• Declaration of Unpaid Amounts: The statement must include a comprehensive listing of all subcontractors, suppliers, and laborers involved in the project, specifying the nature of improvement furnished, the total contract amount, amounts paid, and the unpaid balances, including any due fringe benefits and withholdings.
• Representation of Claim-Free Work: By completing the form, the deponent declares that there are no undisclosed debts related to the project other than those listed on the form, representing the project as free from potential construction or bond liens, except as specifically noted.
• Signature Under Oath: The sworn statement must be signed by the deponent under oath in the presence of a notary public, affirming the truthfulness of the information provided and subjecting the deponent to criminal and civil penalties in cases of fraudulent statements.
• Notarization: The document must be notarized, including the notary public's official seal, commission expiration, and the county of acting jurisdiction, to legally validate the sworn statement.

This sworn statement is a critical document intended to ensure transparency and accountability in public works projects in Michigan, serving to protect all parties involved—from the state and prime contractors to the subcontractors, suppliers, and laborers—by affirming the status of payments and potential liens.