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$....

... and claims a judgment for the same against

said principal and said sureties.

Attorney for Plaintiff. (Business Address.)

No. 15. Notice by Subcontractor to Board of Officers or Agents, on Public Works.

To.....

(State title of officers or agents.)

Take Notice that the undersigned is a subcontractor for the (describe

.....

work on the

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structure or improvement), a public building (or work) being constructed (or repaired or ornamented, as may be) under contract with you have on behalf of ...

(name the county, city, village, township or school district for which the building or work is being built, repaired or ornamented) on the following following described premises: ; and said undersigned is relying upon the security of the bond required to be given by the principal contractor on said public building (or work) in accordance with Act 187 of 1905.

10

10. After giving the above notice to said board of officers or agents, the subcontractor should also notify the principal contractor that he has done so, "and whenever this shall have been done, the said subcontractor shall be entitled, subject to the rights of the persons with whom he has contracted for labor and materials, to the benefit of the security given by the principal contractor, and to be subrogated to the liens of the persons who have performed labor or furnished materials for such building, repairs or ornamentation, whom he shall have actually paid." (Sec. 2 of Act 187 of 1905, C. L. 1915, Sec. 14828).

No. 16. Order for Payment of Laborer or Materialman, upon Principal Contractor.

See C. L. '15, (14826.)

To........

Principal Contractor upon (name public work).
Please pay the sum of $....

on the above work to

due to me for

sub

contractor.

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No. 17. Assignment of Lien or Claim.

Be it known that I (or we)

Michigan, for and in consideration of the sum of $..... the receipt whereof is hereby acknowledged, do hereby sell, assign, and transfer to.....

of Michigan, all my (or our) right, title and interest in and to my (or our) lien (or claim of lien) in the sum of $..... and interest, against the premises named in the attached copy of statement of lien, and the debt secured by such lien, for labor performed (or material furnished or both) on the building (or other work as may be) of the house (or other structure or improvement) on said premises; giving and granting unto said full power to collect said debt and enforce said lien by appropriate proceedings, the same as I (or we) might do myself (or ourselves.)

In Testimony Whereof, I (or we), have hereunto set hand .... and seal

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....

at

19... (L.S.)

11. The statute (C. L. 1915, §14829) provides that "the principal contractor shall not be required to make any payment to a subcontractor of sums due from the subcontractor to parties performing labor or furnishing materials, except upon the receipt of the written orders of such parties" as above.

Signed, Sealed and Deliv

ered in the Presence of

(Add acknowledgment.)

No. 18. Bill by Contractor to Foreclose Mechanics' Lien on Land and Building.

(Entitle court, cause and address.)

The Plaintiff, E. F., respectfully shows: 1. That plaintiff is a resident of engaged in the business of

2. That heretofore, to-wit, on the

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and is

in

day of

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19...., one C. D., being the owner (or such interest in the property as may appear in the particular case) of the following described lands... tered into a certain contract (if in writing, say so) with plaintiff wherein it was agreed between plaintiff and said C. D. that for and in consideration of the sum of $... to be paid by said C. D. to plaintiff, the plaintiff would build and erect (or such other description of work to be performed as is appropriate) on the said land a certain....

in the following manner: (state terms of contract including time and manner of payment, time of completion, etc., and if in writing add: a copy of which contract is hereto attached marked "Exhibit A" and made a part of this bill of complaint.)

3. That plaintiff thereafter fully performed his part of said contract and built and erected (or otherwise to fit the particular case) the said dwelling house (or proper description of structure) in accordance with the terms of said contract within the time limited therein, the same having been completed on the

19....

day of

4. That immediately after the completion of the aforesaid building (insert other appropriate description of struct

ure where necessary), to-wit, on the

day of

19... said C. D. accepted the same and

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took possession thereof (vary as the facts require.)

day of .....

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.....

5. That after plaintiff had completely performed said contract and fully and completely built and erected said dwelling house (vary the form to meet the particular case), to-wit, on the .... 19... he gave to the said C. D. a statement under oath pursuant to Section 4 of the Lien Law, stating the things therein required and particularly the number and names of every subcontractor and laborer in his employ and of every person furnishing materials for or in the performance of said contract and showing therein on oath that all said subcontractors, laborers and materialmen had been and were fully paid (may be varied to meet particular facts.)

6. That within sixty days after plaintiff had completed the building and erection (or other work) of said dwelling house (or other structure) and had fully and completely performed his part of said contract and on the

day of

19...., plaintiff made and filed in the office of the register of deeds of said county a true and just statement of account of the amount due to him over and above all legal setoffs, duly verified and setting forth all of the requisites, statements and facts required by law, a copy of which statement is hereto attached, marked "Exhibit B" and made a part hereof. (If lien served on owner, or if contract not directly with owner, show fact and manner of service.)

7. That by reason thereof a valid and enforcible lien against said premises and in favor of plaintiff arose, and that, although payment for said work (and material, if both) has been demanded by plaintiff, neither said lien nor the debt underlying the same has been paid, satisfied, discharged, waived, assigned, terminated or in any manner relinquished (enlarge or limit to fit the facts), and that there is now due and owing to plaintiff thereon, over and above all legal set-offs, the sum of $... and that

for the enforcement of said lien and debt plaintiff is entitled to establish and foreclose said lien pursuant to the statute in such case made and provided.

8. That no suit or proceeding at law has been begun for the recovery of the debt secured by said lien, or any part thereof (vary to fit the facts.)

9. That as plaintiff is informed and believes, the following named persons:..

.. and

and

.have or claim to have liens against said premises, which liens, if valid, are simultaneous with and not superior to the lien of plaintiff. (If there are superior interests outstanding, as prior mortgages, state same here.) 10. The plaintiff therefore prays the aid of this court: a. That the said C. D., (name the defendant and all persons interested in the premises, including other lienholders and those who have filed notice of their intention to claim liens), the defendants hereto may, without oath, answer on oath being hereby waived, answer all and singular the matters hereinbefore stated and charged, and that they may come to a just and true account with plaintiff in the premises.

b. That the amount found to be due to plaintiff with interest and costs may be decreed to be a lien upon the aforesaid land and premises in favor of plaintiff.

and ...

c. (If there are other lien claimants: That the liens of the said if found to be valid, may be decreed to be simultaneous with and not superior to the lien of plaintiff.)

d. That the said defendant, C. D., be decreed to pay to the plaintiff the amount so found to be due to him with interest and the costs of this suit, forthwith.

e. That in default of such payment the said land and premises with the appurtenances may be sold by and under the direction of this court and the proceeds of such sale be applied to satisfy the amount found to be due to plaintiff with interest and costs of this suit and the expenses of sale.

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