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Contractor's Final Payment Affidavit for the United States

Contractor's Final Payment Affidavit Template for United States

A Contractor's Final Payment Affidavit is a legally binding document used in the United States construction industry that serves as a sworn statement from a contractor declaring they have completed all work and paid all subcontractors and suppliers. The document is typically required before final payment is released and includes detailed information about payments made, any outstanding amounts, and confirmation that all liens have been satisfied. It provides legal protection for property owners and helps ensure compliance with state-specific construction lien laws.

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What is a Contractor's Final Payment Affidavit?

The Contractor's Final Payment Affidavit is a crucial document in U.S. construction project closeout procedures. It's typically required by state laws and construction contracts before the release of final payment to ensure that all project obligations have been met. The affidavit serves multiple purposes: it protects property owners from potential mechanic's liens, provides documentation for lenders, and helps contractors formally close out their projects. The document must comply with state-specific requirements and usually requires notarization to be legally valid.

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

1. Affiant Information: Contractor's legal name, address, and role in the project

2. Project Information: Details of the construction project, including location and contract reference

3. Payment Declaration: Statement of final payment amount and confirmation all prior payments received

4. Lien Waiver: Waiver of rights to file liens against the property

5. Subcontractor Payment Confirmation: Declaration that all subcontractors and suppliers have been paid

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

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

2. Exceptions Schedule: List of any outstanding claims or disputes - used when there are unresolved payment issues

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

1. Schedule of Subcontractors: List of all subcontractors with payment status

2. Schedule of Suppliers: List of all material suppliers with payment status

3. Supporting Documentation: Copies of final lien waivers 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

Affidavit

Cost

Free to use
Clauses




















Industries

Miller Act: Federal law (40 USC ยง 3131-3134) governing payment bonds and performance bonds on federal construction projects

Fair Labor Standards Act: Federal legislation establishing standards for wages, overtime pay, and labor conditions affecting contractors

Internal Revenue Code: Federal tax regulations specific to independent contractors and payment reporting requirements

State Construction Lien Laws: State-specific legislation governing construction liens, their filing, and enforcement

State Contractor Licensing Laws: State-specific requirements for contractor licensing and qualification

State Prompt Payment Acts: State legislation governing timing and conditions of payments in construction projects

State Mechanics' Lien Statutes: State laws protecting contractors' and suppliers' rights to payment through mechanical liens

Contract Law: General principles of contract formation, enforcement, and remedies applicable to construction contracts

Construction Law: Specialized area of law dealing with building, construction, and related disputes

Property Law: Legal principles governing real property rights and obligations in construction projects

Labor Law: Laws governing employment relationships, working conditions, and labor rights in construction projects

Lien Waiver Requirements: Legal requirements for waiving lien rights upon final payment

Payment Verification Standards: Requirements for verifying and documenting payments to subcontractors and suppliers

Notice Requirements: Statutory requirements for providing notice to various parties in construction projects

Notarization Requirements: State-specific rules for document notarization in final payment affidavits

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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