This form may be used as written by an original contractor to fulfill the requirements of Tex. Prop. Code §§ 53.085, 53.258, 53.259; the wording may be modified if the affidavit is made for a subcontractor or supplier under Tex. Prop. Code § 53.085.
[Final] Bills-Paid Affidavit
Date:
Owner:
Owner’s Mailing Address: [include county]
Contractor:
Contractor’s Mailing Address: [include county]
Affiant: [include relationship to contractor]
Affiant’s Mailing Address: [include county]
Property: [include legal description]
Improvements:
Affiant swears individually and on behalf of Contractor that the following statements are true and within the personal knowledge of Affiant:
1.Affiant has personal knowledge of the facts stated in this affidavit. Affiant has full authority to make the agreements in this affidavit on behalf of Contractor.
2.Affiant understands that Owner has required this affidavit as a condition of payment for labor or materials used in construction of the Improvements.
3.Contractor has paid each of Contractor’s subcontractors, laborers, and materialmen in full for all labor and materials provided to Owner or Contractor for construction of the Improvements, excepting only the amounts owed to the persons identified below:
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List all subcontractors, laborers, and materialmen and amounts owed to each. If there are no unpaid subcontractors, laborers, or materialmen, state “None.” |
Name:
Address:
Telephone number:
Amount owed:
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Repeat above information as needed. |
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Include the following if applicable. |
Contractor warrants and represents that the following specified bills or classes of bills will be paid by Contractor from the funds paid to Contractor by Owner in reliance on this affidavit:
Name of payee or description of class:
Amount:
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Repeat above information as needed. |
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Include the following if applicable. |
In consideration of the funds paid to Contractor by Owner 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 Improvements, conditioned on the actual payment or collection if payment is made by check or draft.
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Include the following if applicable. |
Contractor agrees to indemnify and hold Owner harmless from any loss or expense resulting from false or incorrect information in this affidavit.
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Continue with the following. |
[Name of affiant]
SUBSCRIBED AND SWORN TO before me on ________________________________ by [name of affiant].
Notary Public, State of Texas