Contractor's Affidavit Of Release Of Liens for the United States

Contractor's Affidavit Of Release Of Liens Template for United States

A Contractor's Affidavit of Release of Liens is a legal document used in the United States construction industry where a contractor formally declares that all payments have been received and releases any claims or liens against the property. This document provides protection for property owners and ensures clear title to the property. It typically requires notarization and must comply with both federal and state-specific construction lien laws.

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Contractor's Affidavit Of Release Of Liens

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What is a Contractor's Affidavit Of Release Of Liens?

The Contractor's Affidavit of Release of Liens is a crucial document in U.S. construction projects, used when work has been completed and final payment has been received. It serves as legal proof that the contractor has been fully compensated and waives their right to file any future liens against the property. This document is particularly important in real estate transactions, as it helps ensure clear title to the property. The affidavit must comply with state-specific mechanics lien laws and often requires notarization. It typically includes details about the project, confirmation of payments received, and statements releasing all claims against the property.

What sections should be included in a Contractor's Affidavit Of Release Of Liens?

1. Identification of Parties: Details of contractor, property owner, and project

2. Project Information: Specific details about the construction project and property

3. Statement of Completion: Declaration that work has been completed according to contract

4. Payment Confirmation: Acknowledgment of payments received

5. Lien Release Statement: Formal release of any claims or liens against the property

6. Notarization Block: Space for notary certification

What sections are optional to include in a Contractor's Affidavit Of Release Of Liens?

1. Subcontractor Releases: Additional section for releases from subcontractors when they were involved in the project

2. Material Supplier Releases: Additional section for releases from material suppliers when significant materials were supplied by third parties

3. Conditional Release Language: Additional section with language making release conditional upon payment when final payment hasn't been received yet

What schedules should be included in a Contractor's Affidavit Of Release Of Liens?

1. Schedule A - List of Subcontractors: Complete list of all subcontractors involved in the project

2. Schedule B - Payment History: Detailed record of all payments made and received

3. Schedule C - Supporting Lien Releases: Copies of lien releases from subcontractors and suppliers

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Release of Lien

Cost

Free to use
Industries

Miller Act: Federal law (40 U.S.C. �� 3131-3134) governing payment protection on federal construction projects, requiring payment bonds for federal projects and establishing requirements for federal project lien releases

Federal False Claims Act: Federal legislation that imposes liability on persons/companies who defraud governmental programs, relevant for ensuring truthfulness in lien release affidavits

State Mechanics Lien Laws: State-specific statutes governing the rights of contractors, subcontractors, and suppliers to place liens on property, including specific requirements for lien waivers and releases

State Contract Laws: State-specific requirements governing contract formation, enforcement, and specific requirements for affidavits including notarization requirements and statutes of limitations

Uniform Commercial Code Article 9: Governs secured transactions and provides requirements for releasing security interests in construction projects

Construction Trust Fund Statutes: State-specific laws that require construction payments to be held in trust for the benefit of subcontractors and suppliers

Prompt Payment Acts: State and federal laws establishing timelines and requirements for payment to contractors, subcontractors, and suppliers

Contractor Licensing Requirements: State-specific regulations governing contractor qualifications and licensing, which may affect the validity of liens and lien releases

Property Recording Requirements: State-specific rules for recording liens and lien releases in public records, including format and filing requirements

Lien Priority Laws: State-specific regulations determining the order of priority among different types of liens and other encumbrances on property

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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