An Affidavit of Completion is a formal Notice recorded with the County Clerk’s Office, typically by the Property Owner, which establishes the date that the Project was completed. The Affidavit must contain: (1) the name and address of the Property Owner; (2) the name and address of the Original Contractor; (3) a description, legally sufficient for identification, of the real property on which the improvements are located; (4) a description of the improvements furnished under the original contract; (5) a statement that the improvements under the original contract have been completed and the date of completion; and (6) a conspicuous statement that a Claimant may not have a lien on retained funds unless the claimant files an Affidavit claiming a lien in the time and manner required by Chapter 53.

A copy of the Affidavit must be sent to the Original Contractor and each Subcontractor or Material Supplier who sent a Notice of Claim (Pre-lien Notice or Intent to Lien) to the Property Owner not later than the third day after the date the Affidavit is filed or the 10th day after the date the owner receives the notice of lien liability, whichever is later.

A copy of the Affidavit must also be sent to each person who furnishes labor or materials for the Property and who furnishes the Property Owner with a written request for a copy. The Property Owner must furnish the copy to the person not later than the date the Affidavit is filed or the 10th day after the date the request is received, whichever is later.

If the Affidavit is filed after the 10th day after the date of completion, the date of completion is the date the Affidavit is filed. If you would like assistance with an Affidavit in April 2024, contact us today.