Site Draw Document

SITE DRAW REQUEST AND CERTIFICATION

Property Identification

Property Address:

Parcel / APN Number:    Legal Description:

Parties

Draw Request Summary

Contract Sum:   Total Completed & Stored to Date:

Retainage Percentage:   Retainage Amount:

Previous Draws Paid:   Current Draw Requested:   Balance to Finish:

Draw Period From:   To:   Payment Due Date:

Attachments and Waivers

The following documents are attached to this draw request (check applicable boxes):

 Final Contractor Lien Waiver (Partial/Conditional)

 Subcontractor/Supplier Lien Waivers

 Invoices, Paid Receipts and Schedule of Values

 Inspection Report or Certification by Construction Manager / Architect

Disclosures

Indicate known site conditions (check Yes or No for each):

Lead-based paint present?   Yes   No

Mold or fungal growth known?   Yes   No

Prior structural damage or unresolved claims?   Yes   No

Contractor Certification and Representations

By making this draw request, Contractor certifies, under penalty of perjury, that:

1. All work for which payment is requested has been performed in accordance with the Contract Documents and approved change orders, except as expressly noted herein.
2. All subcontractors and suppliers identified in attached schedule have been paid to the extent reflected in the attached lien waivers and invoices, and there are no undisclosed claims for labor or materials which would give rise to a lien on the Property.
3. All required permits, inspections and approvals have been obtained for the work completed to date, except where specified in writing in the exceptions box below.

Conditions Precedent to Payment

Payment of the amount requested is subject to verification by Lender or Construction Manager and satisfaction of the following conditions: (a) receipt of properly executed lien waivers and invoices sufficient to support the amount requested; (b) satisfactory inspection of the work and verification that work is performed in accordance with the Contract Documents; (c) no material breach or event of default by Contractor; and (d) funds available under the loan or construction budget. Lender may withhold payment for incomplete or defective work, unresolved claims, or material deviations from approved plans.

Default; Remedies; Release Upon Payment

If Contractor fails to perform material obligations or breaches the Contract Documents, Owner and Lender may suspend payment, require corrective work, or utilize retainage to complete the work. Upon payment to Contractor of the amount requested, Contractor shall be deemed to have released and discharged the Owner and Lender from claims and liens to the extent of the payment, subject to any express, written reservation of rights delivered with this draw request.

Governing Law; Entire Agreement

This draw request and certification is governed by the laws of the state in which the Property is located. This document, together with attachments and the underlying Contract Documents, constitutes the entire understanding with respect to draw requests and supersedes any prior oral or written representations concerning the amounts requested.

Acknowledgement

The undersigned certifies that the statements made in this draw request are true and accurate to the best of the undersigned's knowledge, and acknowledges that intentional misstatement may constitute fraud and grounds for civil and criminal liability.

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