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Contractors Final Payment Affidavit

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CONTRACTOR'S FINAL PAYMENT AFFIDAVIT

Prepared by, recording requested by

and return to:

Name:

Company:

Address:

City: State: Zip:

Phone:

Fax:

---Above this Line for Official Use Only------

CONTRACTOR'S FINAL PAYMENT AFFIDAVIT – CORPORATION or LLC

STATE OF FLORIDA

COUNTY OF

BEFORE ME, the undersigned authority, personally appeared

who, after being first duly sworn, deposes and says of his or her personal knowledge the following:

1. He or she is the (title of affiant) of

(name of company) hereinafter referred to as the "Contractor."

2. Contractor, pursuant to a contract with (name of owner), hereinafter referred to as the "Owner," has furnished or caused to be furnished labor, materials, and services for the construction of certain improvements to real property as more particularly set forth in said contract.

3. This Affidavit is executed by the Contractor in accordance with Section 713.06 of the Florida Statutes for the purposes of obtaining final payment from the Owner in the amount of $

4. All work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the following listed lienors:

Name/Address of Lienor

Amount Due

Name/Address of Lienor

Amount Due

Signed, sealed and delivered this day of , 20

Attest:

By:

State of

County of

Sworn to (or affirmed) and subscribed before me this day of , 20

by (name of affiant) who is personally known to me or produced as identification, and did take an oath.

NOTARY PUBLIC

Printed Name of Notary

My Commission Expires:

Certificate of Service

I, hereby certify that I have delivered this

day a true and attested copy of the foregoing to by:

Actual Delivery to the person to be served.

Mailing a true and correct copy of same by registered or certified U.S. mail, with postage prepaid, or by overnight or second-day delivery with evidence of delivery.

If service cannot be made by the above methods, by posting on the premises.

Signature

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What the Contractors Final Payment Affidavit Is

The Contractors Final Payment Affidavit is a sworn written statement used at the close of a construction contract to confirm that a contractor has been paid, to list outstanding claims or subcontractor liens, and to assert that all work and supplier obligations covered by the final payment are satisfied. It typically accompanies the final invoice or lien waiver and may be required by owners, lenders, or public agencies before releasing retainage or the last draw. When properly executed and, if required, notarized, it provides evidence to protect payment recipients and project stakeholders.

Why a Clear Final Payment Affidavit Matters

A complete affidavit reduces payment disputes, documents lien exposure, and helps owners and lenders confirm that subcontractors and suppliers have been paid. Properly executed affidavits support recordkeeping and legal defenses should a later claim arise.

Why a Clear Final Payment Affidavit Matters

Who Typically Prepares and Receives This Affidavit

The document is used by multiple project parties to confirm final payment status and waive lien rights where applicable.

  • General contractors and prime contractors, who complete and submit the affidavit to owners or lenders to obtain the final draw or retainage release.
  • Subcontractors and suppliers, who may complete their own final payment affidavits or provide lien waivers to the prime contractor.
  • Project owners, lenders, or escrow agents, who rely on the affidavit to justify release of final funds and to reduce lien risk.

Use the affidavit that matches your role and the contract requirements; signatory authority and attachments vary by project and jurisdiction.

Core Elements to Include in a Professional Affidavit

A well-structured Contractors Final Payment Affidavit groups essential facts clearly so reviewers can verify payment, project identity, claims status, and signatory authority without additional follow-up.

Affidavit Heading

Title and jurisdiction information indicating the document is a sworn affidavit under penalty of perjury.

Contractor Identity

Full legal name, business entity type, address, and license number where applicable.

Project Description

Project name, address, contract number, and the period of work covered by the affidavit.

Payment Summary

Original contract amount, previous payments, final payment amount, and retainage release details.

Claims and Liens

Statement listing outstanding claims, pending change orders, and attached lien waivers or releases.

Signature and Notary

Authorized signer block with date, signature, and notarization area if required by state law.

Step-by-Step: Preparing and Submitting the Affidavit

Follow these sequential steps to complete, verify, and submit the Contractors Final Payment Affidavit for final disbursement.

  • 01
    Gather Documents: Collect contract, change orders, invoices, and lien waivers.
  • 02
    Complete Fields: Enter names, amounts, dates, and attachments accurately.
  • 03
    Attach Waivers: Include signed lien waivers or releases from subs and suppliers.
  • 04
    Sign and Notarize: Sign in presence of notary if state or contract requires notarization.

Configuring an Online Affidavit Workflow

Common digital workflow settings help standardize completion, authentication, and retention for repeated use.

Field Configuration
Authentication Email link plus optional SMS code or ID verification
Notifications Automated email to signer, owner, and escrow agent
Template Save as reusable template with required fields locked
Attachments Require upload of lien waivers before finalizing

Typical eSubmission Flow for the Affidavit

Digital submission reduces turnaround and keeps an auditable trail of actions from upload to final archival.

  • Upload Document: Sender uploads affidavit template or completed PDF.
  • Add Fields: Place signature, date, and attachment fields for signers.
  • Send to Signer: Distribute via secure email link or bulk send.
  • Receive Completed: Signed copy and audit trail are returned to all parties.

Technical and Integration Considerations

Choose a platform that supports required file types, integrations, and authentication methods for legal compliance.

  • Formats: PDF, DOCX, and scanned images supported
  • Integrations: Integrates with NetSuite, Salesforce, Procore, Google Workspace
  • Authentication: Email, SMS code, or advanced ID verification

Confirm the chosen provider meets regulatory and contract requirements for authentication, audit trails, and secure storage before eSubmission.

Typical eSignature Vendor Comparison for Affidavit eSubmission

Compare common plan and feature dimensions used when selecting an eSignature solution for final payment affidavits; signNow appears first in the table per vendor ordering requirements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Timing: When to Deliver and Retain the Affidavit

Timely preparation and submission of the affidavit help avoid payment delays and preserve lien rights where applicable.

Before Final Payment:

Deliver affidavit and waivers prior to release of final retainage or last draw.

Notarization Timing:

If required, sign in notary presence on the submission date to ensure validity.

Lien Filing Deadlines:

Lien statutes vary by state; file within each state’s statutory deadline to preserve lien rights.

Record Retention:

Keep executed affidavits with contract files for the retention period applicable to the project.

Tax Reporting Impact:

Retain payment documentation to support 1099 reporting and backup withholding compliance if relevant.

Common Preparation Mistakes to Avoid

  • Using an informal or unsigned waiver that omits dates and amounts, which can lead to disputes and payment holds.
  • Failing to attach subcontractor lien waivers or proof of payment, causing owners or lenders to withhold final funds.
  • Entering inconsistent names or contract numbers that prevent the affidavit from matching procurement records during review.
  • Skipping notarization where state law or contract requires it, risking rejection or future challenges to the affidavit’s validity.

Consequences of an Incorrect or Omitted Affidavit

Payment Delay: Final disbursement may be withheld
Lien Exposure: Subcontractors may file liens if not properly waived
Contract Breach: Contractor may be in breach of contract
Tax Issues: Missing records can trigger 1099 or withholding problems
Perjury Risk: False statements can lead to legal penalties
Invalid Waivers: Improper signatures can void waiver effectiveness

Security and Compliance Notes for Electronic Affidavits

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encryption
Regulatory: ESIGN and UETA compliant
HIPAA: HIPAA-compliant with BAA
Audit Trail: Detailed timestamps and IP logs
Certifications: SOC 2 Type II and ISO 27001

Real-World Examples of Affidavit Use

These condensed case examples show how digital affidavits resolve closeout requirements and speed fund release.

Martin Properties — Closeout

A small developer used online affidavits for multiple small projects to centralize records and speed disbursements.

  • The approach minimized in-person notarization needs on routine closings.
  • The digital affidavit and attached lien waivers reduced administrative follow-up and allowed the developer to release retainage within days instead of weeks.

BIS — Lender Compliance

An operations team standardized a notarized final payment affidavit to satisfy multiple lender checklists.

  • The standardized form ensured consistent attachments and signatures.
  • Lenders reported fewer requests for additional documentation, and the borrower experienced a smoother final draw process across several financed projects.

Practical Tips for Accurate and Efficient Completion

Adopt consistent practices to reduce errors, speed verification, and protect lien and tax positions.

Standardize Templates
Use a vetted template that includes required legal language, signer authority blocks, and places for attachments to reduce revisions.
Require Attachments
Make submission conditional on uploaded lien waivers and invoices to avoid payment holds and later disputes.
Verify Signer Authority
Confirm the signer’s role and corporate authority before execution; mismatch commonly causes delays.
Preserve Audit Trail
Use eSubmission systems that record timestamps, IP addresses, and document versions for future proof.

Frequently Asked Questions — Common Submission Issues

Answers to frequent questions about validity, e-signature use, notarization, and correcting errors when preparing a final payment affidavit.


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