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Final Bills Paid Affidavit by Contractor

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FINAL BILLS PAID AFFIDAVIT

Before me, the undersigned authority, personally appeared ("Contractor"), known to me to be a credible person, and after being by me duly sworn, upon oath stated and affirmed that:

"My name is and I am the [title] of hereafter sometimes referred to in this affidavit as "Contractor." Contractor's business address is The undersigned Contractor has personal knowledge of the facts stated herein and has full authority to make the agreements in this affidavit on behalf of Contractor.

Pursuant to and in accordance with a written construction contract between Contractor, and Owner/Administrator, Contractor furnished materials and labor for the construction, renovation, or repair of improvements located on or relating to project known as located at City of County, Texas, legally described in Exhibit “A” attached hereto and made part of this Affidavit for all purposes (the “Property”). All work provided for under said written construction contract, together with all changes and supplements thereto, has been fully completed in accordance with the terms and provisions thereof.

Contractor has paid each of its subcontractors, laborers, suppliers, and materialmen in full for all labor and materials provided to Contractor for or in connection with the construction, renovation, or repair of improvements on or relating to the subject Property, or any portion thereof, excepting only the amounts owed for the following specified bills to the persons identified below. Contractor warrants and represents that the following specified bills will be paid to Contractor by Owner/Administrator in reliance on this Final Bills Paid Affidavit:

PAYEE ADDRESS PHONE NO. AMOUNT OWED

Other than the above specified bills owed to the above referenced persons, Contractor is not aware of any unpaid bills, claims, demands, or causes of action by any of its subcontractors, laborers, suppliers, or materialmen for or in connection with the furnishing of labor or materials, or both, for the construction, renovation, or repair of improvements located on or related to the subject Property.

In consideration of the funds paid to Contractor by Owner/Administrator and/or by Lender on behalf of Owner/Administrator in reliance on this affidavit, Contractor waives and releases all of Contractor's statutory and constitutional mechanic's lien rights connected with the construction of the Project, conditioned on the actual payment or collection if payment is made by check or draft.

Contractor further understands that this Final Bills Paid Affidavit is being given pursuant to and in accordance with Section 53.085 and 53.259 of the Texas Property Code and that the intentional, knowing, or reckless making of a false or misleading statement in this Affidavit constitutes an offense under said Section and is a Class A misdemeanor.

Contractor hereby indemnifies and holds harmless Owner/Administrator from any and all claims, demands, or causes of action and any costs, expenses, and attorney's fees incurred in connection therewith, arising from or connected with the statements and representations contained herein.

EXECUTED this day of 20

[Name of Contractor Company]

By:

Printed Name:

Title:

Notary's Acknowledgement

Before me, the undersigned authority, on this day personally appeared who first being duly sworn by me to be the person whose name is subscribed to the foregoing Final Bills Paid Affidavit, acknowledged that he/she has the authority to make this Final Bills Paid Affidavit, and further acknowledged to me that he/she executed the same for the purpose and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of 20

(Seal)

Notary Public, State of Texas

My commission expires

EXHIBIT "A"

(Legal Description of Property)

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What the Final Bills Paid Affidavit by Contractor Is

A Final Bills Paid Affidavit by Contractor is a sworn statement in which a contractor certifies that all subcontractors, suppliers, and laborers have been paid in full for work on a specified project. The affidavit typically accompanies a contractor's final payment request or lien waiver and identifies the project, parties, dates, amounts paid, and any remaining obligations. It is used to clear payment holdbacks, support the release of retainage or final draw, and reduce lien exposure for the owner or lender. Many jurisdictions require a notarized signature to accept the affidavit as proof.

Why this Affidavit Matters for Project Closeout

The affidavit documents final payment status, reduces lien risk, and provides a formal record for owners, lenders, and public agencies. Proper execution protects payees and helps trigger release of retainage or final funds while supporting compliance with contract and statutory lien procedures.

Why this Affidavit Matters for Project Closeout

Who typically completes or receives this affidavit

This affidavit is relevant to several parties involved in construction and contracting closeout.

  • General contractors and prime contractors preparing final payment packages and lien waivers for owners or lenders.
  • Project owners, developers, and lenders who require evidence all bills are settled before releasing final funds.
  • Subcontractors and suppliers who may request proof of final payment status to protect their payment positions.

The document helps close financial accounts for a project and serves as a sworn record should disputes or payment claims arise.

Typical signers and their roles

Contractor Representative

An authorized officer or project manager signs on behalf of the contracting entity. That signer must have authority to certify payments and to bind the company in sworn statements; inaccurate certification carries reputational and potential legal risk.

Owner or Lender

Owners or lenders receive the affidavit to confirm clearance for final disbursement. Their reviews focus on validation of payee lists, amounts, and any required notarization or supporting invoices and lien releases.

Essential sections to include in a professional affidavit

A complete affidavit follows a consistent structure so recipients can verify payment status and supporting documentation quickly.

Affidavit Header

Project name, contract number, owner and contractor legal names, and jurisdiction; establishes the record and connects the affidavit to the contract.

Project Identification

Physical address, description of work, and contract reference so reviewers can confirm the affidavit matches the right site and scope.

Sworn Statement

Clear language that contractor affirms all bills, claims, and subcontractor obligations for the project have been paid or will be paid as stated.

List of Payees

Itemized listing or attachment of subcontractors, suppliers, amounts paid, invoice dates, and remaining retainage, enabling cross-checks against lien waivers.

Notarization / Attestation

Notary acknowledgement or jurat (in-person or RON where permitted) to add formal authentication of the signer and sworn oath.

Signature Block

Printed name, title, company, date, and signature of authorized signer; include witness lines if required by local law.

Step-by-step: completing the affidavit before final payment

Follow these sequential steps to prepare a defensible final bills paid affidavit and reduce the chance of inquiry or payment hold.

  • 01
    Gather Records: Collect invoices, canceled checks, and lien waivers for every subcontractor and supplier.
  • 02
    Prepare Payee List: Compile an itemized list with dates and amounts corresponding to source documents.
  • 03
    Draft Affidavit: Complete project header, sworn language, payee list, and totals using the contract reference.
  • 04
    Execute and Authentify: Signer executes before a notary or via permitted RON; attach supporting documents and submit with final application.

Typical processing flow for an affidavit and final payment

A clear routing path speeds approval and disbursement; include required reviewers and expected handoffs.

  • Contractor Prepares: Contractor assembles affidavit and supporting invoices for submission with final invoice.
  • Owner/Lender Review: Reviewer verifies payee list, amounts, and notarization before approving payment.
  • Adjustments or Requests: Owner may request clarifications, extra documentation, or corrections to payee names or amounts.
  • Final Disbursement: After acceptance, owner or lender releases retainage or final payment according to contract terms.

Recommended digital workflow settings for online completion

Configure the electronic workflow to reduce manual steps and preserve an audit trail when collecting the affidavit.

Field Configuration
Signature Type Allow electronic signature; require signer name and date fields
Notary / Jurat Enable RON session field or upload for in-person notary acknowledgement
Supporting Docs Require attachments for invoices and lien releases (PDF preferred)
Audit Trail Capture IP, timestamp, and authentication method for each signer

Digital signing and submission: platform considerations

Choose a platform that supports secure e-signature, notarization options, and audit trails for sworn affidavits.

  • Authentication: Email plus optional SMS or ID verification for stronger signer attribution
  • Notarization Support: Support for RON sessions or in-person notarization templates where required
  • File Formats: PDF and DOCX support with tamper-evident completed documents

Preserve the final signed PDF and audit record in both the project file and any financial system used by the owner or lender.

Timing and submission expectations for closeout

Timelines affect when final funds are released; verify contract terms and lender instructions before submitting the affidavit.

Submit with Final Invoice:

Affidavit should accompany the contractor's final application for payment to avoid processing delays.

Before Retainage Release:

Provide affidavit before requesting release of retainage or final draw under contract terms.

Allow Review Time:

Expect owners or lenders to take 3–10 business days for verification and approval.

RON / Notary Scheduling:

Schedule notarization or RON session early to avoid last-minute delays.

Record Retention:

Retain executed affidavits per recordkeeping policies for audit or claim defense.

Key milestones from completion to final payment

Track these milestones to coordinate documentation and avoid holdbacks or disputes at close.

01

Project Completion

Certify date of substantial completion and confirm punch-list status for final billing.

02

Final Invoice Submission

Submit final invoice and affidavit together to initiate approval and payment workflows.

03

Affidavit Execution

Execute affidavit with required notarization or RON session and attach supporting payee proofs.

04

Payment Release

Owner or lender releases retainage or final payment once documentation is accepted.

Common preparation mistakes to avoid

  • Using trade or DBA names instead of the contractor's legal name, causing verification mismatches and payment delays.
  • Omitting supporting invoices or lien waivers, which prompts follow-up requests and holds on funds.
  • Failing to notarize when the jurisdiction or contract requires it, rendering the affidavit unacceptable.
  • Listing payees with inconsistent spellings or incorrect TINs, which can trigger tax reporting or withholding issues.

Consequences of incorrect or incomplete affidavits

Payment Delay: Owner or lender may withhold final funds pending correction.
Lien Exposure: Incorrect affidavits can leave parties open to subcontractor lien claims.
Contract Breach: Misrepresentation may be treated as a contractual default.
Legal Liability: False sworn statements risk perjury or civil penalties.
Tax Reporting: Incomplete payee details can trigger backup withholding and IRS inquiry.
Administrative Costs: Time and legal fees to correct records and reprocess payments.

Required data elements to include in the affidavit

Contractor Name: Full legal business name
Project ID: Contract reference or project number
Payee List: Suppliers and subcontractors named
Amounts Paid: Itemized payment totals
Final Invoice Date: MM/DD/YYYY format
Signature Block: Signer name, title, date

eSignature vendor pricing and feature comparison (signNow first)

Compare starting prices and common feature distinctions for eSignature plans used to execute sworn affidavits and final payment documents.

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 No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
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

Real-world examples of digital affidavit use

These examples show how organizations used digital signing to manage closeout affidavits and final payments efficiently.

Martin Properties — Closeouts

Martin Properties used online affidavits to process closeouts remotely and reduce delays.

  • They executed notarized affidavits via mobile and RON where allowed.
  • The team reported consistent compliance across projects and fewer holdbacks because documents were complete when submitted, simplifying lender and title acceptance.

BIS — Enterprise Workflow

BIS integrated e-sign workflows for final billing and affidavits across multiple sites.

  • They attached payee ledgers and invoices to each affidavit.
  • That standardized process reduced reviewer queries and accelerated final disbursement workflows while maintaining auditable records for dispute defense.

Practical best practices for accurate affidavits

Follow these guidelines to minimize delays and strengthen the affidavit's evidentiary value.

Match Legal Names Exactly
Use the contractor's and payees' legal entity names as they appear on invoices and state filings to prevent verification mismatches.
Attach Source Documents
Include invoices, lien waivers, and canceled checks as attachments to substantiate the payments listed on the affidavit.
Verify Notarization Needs
Confirm whether the jurisdiction or contract requires in-person notarization, a jurat, or supports RON and schedule accordingly.
Keep a Detailed Audit Trail
Preserve timestamps, authentication records, and RON session details where used to strengthen signer attribution and defensibility.

Frequently asked questions about filing and signing the affidavit

Answers to common questions about execution, notarization, amendments, and document retention for Final Bills Paid Affidavit by Contractor.


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