Contractor's Final Payment Affidavit for South Africa

Contractor's Final Payment Affidavit Template for South Africa

A Contractor's Final Payment Affidavit is a sworn legal document used in South African construction and development projects that serves as a formal declaration by the contractor regarding the completion of works and final payment claims. The document, governed by South African construction law and affidavit requirements, includes detailed statements about work completion, outstanding payments, subcontractor settlements, and the absence of any further claims. It forms a crucial part of the project closeout process and provides legal protection for both the contractor and the employer in finalizing the contract obligations.

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What is a Contractor's Final Payment Affidavit?

The Contractor's Final Payment Affidavit is a mandatory document in South African construction projects that serves as the contractor's sworn statement regarding the completion of works and final payment claims. It is typically required before the release of final payment or retention monies and must be executed in accordance with the Civil Proceedings Evidence Act and the Justices of the Peace and Commissioners of Oaths Act. The document includes declarations about work completion, payment status, subcontractor settlements, and the absence of outstanding claims. It provides legal protection for both parties and helps prevent future disputes regarding payment finalization. The affidavit must be properly sworn before a Commissioner of Oaths and should include all relevant supporting documentation as schedules or appendices.

What sections should be included in a Contractor's Final Payment Affidavit?

1. Affiant Introduction: Formal introduction of the person making the affidavit, including full name, position, and authority to make the declaration

2. Project Identification: Details of the construction project including project name, location, contract reference numbers, and relevant dates

3. Contract Details: Information about the original contract, including parties involved and contract value

4. Payment Declaration: Statement of the final payment amount being claimed and confirmation that this represents the final payment for all work completed

5. Work Completion Statement: Declaration that all work has been completed according to contract specifications and requirements

6. Outstanding Claims Declaration: Statement that there are no outstanding claims or disputes related to the contract work

7. Oath Declaration: Formal sworn statement and signature section, including commissioner of oaths details and stamp

What sections are optional to include in a Contractor's Final Payment Affidavit?

1. Subcontractor Payment Confirmation: Declaration confirming all subcontractors have been paid in full (include when subcontractors were used on the project)

2. Materials Payment Confirmation: Declaration confirming all materials suppliers have been paid (include when significant material supplies were part of the contract)

3. Variation Orders Statement: Details of all variation orders and their payment status (include when variation orders were issued during the project)

4. Retention Release Request: Statement requesting release of retention monies (include when retention was held under the contract)

5. Warranty Statement: Declarations regarding ongoing warranties and guarantees (include when specific warranties are part of the contract)

What schedules should be included in a Contractor's Final Payment Affidavit?

1. Schedule A - Payment Summary: Detailed breakdown of all payments received to date and final payment claimed

2. Schedule B - Subcontractor List: List of all subcontractors with confirmation of final payments made

3. Schedule C - Variation Orders Register: Complete list of all variation orders with their values and payment status

4. Appendix 1 - Supporting Documents: Copies of relevant certificates, completion documents, and final accounts

5. Appendix 2 - Waiver of Liens: Signed waiver of liens from subcontractors and suppliers where applicable

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

South Africa

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Construction

Property Development

Infrastructure

Mining

Industrial Development

Commercial Property

Residential Development

Public Works

Engineering

Energy

Relevant Teams

Legal

Finance

Construction

Project Management

Commercial

Contracts Administration

Procurement

Accounts Payable

Risk Management

Relevant Roles

Project Manager

Construction Manager

Quantity Surveyor

Contract Administrator

Commercial Manager

Financial Controller

Chief Financial Officer

Legal Counsel

Construction Director

Site Manager

Project Accountant

Claims Manager

Procurement Manager

Industries
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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