Important Considerations for Sworn Construction Statements and Lien Waiver and Release Forms

The AIA Contract Documents program has developed a limited number of Sworn Construction Statements, and Lien Waiver and Release forms that might be used in specific states. In addition, they have also developed generic versions of those documents that might be used in the remaining states. Please review the following information carefully. It is important to consult with an attorney to determine which form is suitable for your needs.  

 

Sworn Construction Statements.

Sworn Construction Statements may be used where a contractor is required to provide a sworn statement describing all persons or entities having performed work or provided materials in furtherance of the contractor’s work for a period covered in a progress or final payment. The requirements of Sworn Construction Statements vary by jurisdiction. The state of Michigan requires that a specific Sworn Statement form be used on projects in that state. Other states require particular information be contained within a Sworn Construction Statement. Depending on the jurisdiction of your project, governing law may require specific content and formatting within this form. If your project is located in the state of Michigan, consider using AIA Contract Documents G907MI™-2022, Sworn Statement form. If your project is not located in that jurisdiction, consider using AIA Contract Document G907™-2022, Sworn Construction Statement generic form. It is important to consult with an attorney to determine whether this form is suitable for your needs. 

 

State-Specific Lien Waiver and Release Forms.

Several states regulate Lien Waiver and Release forms and require that a specific form be used on projects in that state. Depending on the jurisdiction of your project, governing law may require specific content and formatting within these documents. If your project is located in the states listed below, consider using an AIA Contract Documents state-specific form. It is important to consult with an attorney to determine which form is suitable for your needs.  

 

Generic Lien Waiver and Release and Sworn Construction Statement Forms.

If the jurisdiction of your project is not mentioned above, you may consider using one or more of the following AIA Contract Documents generic Lien Waiver and Release forms and/or Sworn Construction Statement form. Consultation with an attorney is recommended to determine whether any AIA Contract Documents generic Lien Waiver and Release and/or Sworn Construction Statement form will work for your needs.

 

Types of Lien Waiver and Release Forms: Conditional vs. Unconditional and Progress vs. Final.

When using a generic Lien Waiver and Release form, you should understand that different types of forms may be necessary or required given the unique circumstances of your project. It is important to consult with an attorney to determine which AIA Contract Documents form is suitable for your needs. The following are types of lien waiver and release forms and their key characteristics: 

  • Where payment is made prior to final payment, such as a progress, interim, or partial payment, you may consider using the G901 or G902. In these forms, a Contractor waives its lien and payment bond rights in exchange for a progress payment, or any payment prior to a final payment.
  • Where payment is made for final payment, you may consider using the G903 or G904. In these forms, a Contractor waives its lien and payment bond rights in exchange for final payment.
  • Where payment is to be made and has not yet been received by the Contractor, you may consider using the G901 or G903. In these forms, a Contractor’s waiver of lien and payment bond rights becomes effective when the Contractor receives payment in the amount and manner described in the form.
  • Where payment has already been made and received by the Contractor, consider using the G902 or G904. In these forms, a Contractor’s waiver of lien and payment bond rights becomes effective upon execution of the document because payment has already been received in the amount and manner described in the form.

See the links below for instructions on how to complete the generic Sworn Construction Statement and Lien Waiver and Release forms.

 

 

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