Contractor's Final Payment Affidavit And Release Of Lien for the United States

Contractor's Final Payment Affidavit And Release Of Lien Template for United States

A Contractor's Final Payment Affidavit and Release of Lien is a legal document used in the United States construction industry that serves two primary purposes: it acts as a sworn statement that all project-related payments have been received and paid to subcontractors/suppliers, and it releases any mechanic's lien rights the contractor may have against the property. This document is typically required before final payment is released and provides protection for property owners against future lien claims.

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What is a Contractor's Final Payment Affidavit And Release Of Lien?

The Contractor's Final Payment Affidavit and Release of Lien is a crucial document in U.S. construction project closeouts. It's typically required when a contractor has completed all work and is ready to receive final payment. This document provides protection for property owners by ensuring all subcontractors and suppliers have been paid and that no future liens can be filed against the property. It includes detailed information about the project, payments received, and a sworn statement regarding the settlement of all obligations. The document must comply with state-specific mechanics lien laws and usually requires notarization.

What sections should be included in a Contractor's Final Payment Affidavit And Release Of Lien?

1. Project Identification: Details of the construction project including address and contract reference

2. Contractor Information: Legal name and contact information of the contractor

3. Payment Confirmation: Statement confirming receipt of final payment amount

4. Lien Release Statement: Formal release of all lien rights against the property

5. Affidavit of Payment: Sworn statement that all subcontractors and suppliers have been paid

6. Execution: Signature block with notarization requirement

What sections are optional to include in a Contractor's Final Payment Affidavit And Release Of Lien?

1. Conditional Release: Release contingent upon receipt of final payment - used when payment hasn't been received yet

2. Subcontractor List: Detailed list of all subcontractors and suppliers - used for larger projects with multiple subcontractors

3. Payment Schedule: Breakdown of payments received to date - used when required by state law or contract

What schedules should be included in a Contractor's Final Payment Affidavit And Release Of Lien?

1. Schedule A - Project Details: Detailed description of the project scope and location

2. Schedule B - Payment History: Complete record of all payments made under the contract

3. Schedule C - Subcontractor Releases: Copies of lien releases from all subcontractors

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 USC �� 3131-3134) governing payment bonds and protection for subcontractors and suppliers on federal construction projects

Federal Prompt Payment Act: Federal legislation establishing timing requirements for payments on federal contracts, including construction projects

State Mechanics Lien Laws: State-specific statutes governing construction liens, including requirements for filing, enforcement, and release of liens, with specific deadlines and procedures varying by state

State Contract Laws: State-specific legislation governing contract formation, enforcement, and requirements for affidavits and releases, including notarization requirements

State Construction Laws: State-specific regulations governing construction projects, including final payment procedures and contractor licensing requirements

Uniform Commercial Code: Standardized set of business laws governing commercial transactions, particularly Articles 1 (General Provisions), 2 (Sales), and 9 (Secured Transactions)

State Consumer Protection Laws: State-specific legislation protecting consumers and businesses, including requirements for disclosure and anti-fraud provisions in construction contracts

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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