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The Sworn Construction Statement form plays a crucial role in the construction financing process. This document is essential for both contractors and property owners, as it outlines the costs associated with a construction project. It includes a comprehensive list of all subcontractors and suppliers involved in the work, ensuring transparency and accountability. The form requires detailed information about various construction items, ranging from land and permits to plumbing and electrical work. Each item is accompanied by a total cost, amount paid, and balance due, which helps track expenses throughout the project. Additionally, any changes to the list of subcontractors or the statement itself must be communicated to the lender or title company. This form not only serves as a financial declaration but also protects all parties involved by confirming that there are no outstanding contracts or unpaid bills related to the project. By signing the Sworn Construction Statement, the contractor and owner agree to specific terms regarding payment and the handling of any potential liens, fostering a smoother construction process.

Sample - Sworn Construction Statement Form

SWORN CONSTRUCTION STATEMENT

Owner’s Name ________________________________________________________________

Property Address _______________________________________________________________

Attached to this Statement is a list of all subcontractors and suppliers. Any change to the list or this Statement must be given to the Lender or Title Company.

ITEMS

1.Land

2.Survey

3.Permits

4.Architect

5.Excavation

6.Grading/Tilling

7.Foundation

8.Concrete Work

9.Waterproofing

10.Grain Tile

11.Lumber

12.Siding

13.Roofing

14.Sheet Metal/ Gutters

15.Sheetrock/ Plastering

16.Brickwork/

Chimney/Fireplace

17.Ornamental

Iron

18.Insulation

19.Millwork-Trim/ Windows

20.Cabinets- Counter/Vanity Tops

21.Hardware

22.Septic System

SUBCONTRACTOR/SUPPLIER

TOTAL COST

AMOUNT PAID

BALANCE DUE

©2004 Rinke Noonan

23.Water/Gas/ Sewer Hookup

24.Well

25.Plumbing

26.Heating

27.Air Conditioning

28.Electrical Wiring

29.Electrical Fixtures

30.Glass/Mirrors

31.Painting/ Interior Decorating

32.Painting - Exterior

33.Tile Work - Ceramic/Plastic

34.Linoleum/Floor Tile

35.Carpeting

36.Garage Doors

37.Appliances

38.Blacktopping

39.Bedding/Sod

40.Landscaping

41.Carpenter Labor

42.Contractor’s

Fee

43.Furnishings

44.

45.

46.

47.

48.

49.

50.

TOTALS

©2004 Rinke Noonan

The undersigned contractor and owner of the Property state that the attached list contains the names of all subcontractors and suppliers for specific portions of the work on this Property. All material costs shown are correct. The items mentioned include all labor and material required to complete the building according to plans and specifications and there are no other contracts outstanding. There is nothing due or to become due for materials, labor or other work other than as above stated.

To increase the cost of construction, owner or contractor must furnish to the Lender and the Title Company with additional owner deposits (if requested) to cover the increase. In the event of an increase, no orders or claims will be made until the information and additional deposits shall have been made. The purpose of this Statement is to induce the Title Company to pay out of the proceeds of a loan of $____________________, secured by a mortgage on the Property; and that upon payment of the specific

unpaid items listed herein, the undersigned contractor hereby agrees to waive all claims of priority to said mortgage. The undersigned hereby authorizes Lender and Title Company to disburse the proceeds of the above real estate mortgage, together with such additional funds as undersigned furnishes and makes available, to the Contractor and/or subcontractors from time to time as work progresses, on the basis of the Construction Statement and lien waivers presented.

The undersigned specifically agrees to pay any unpaid bills for construction or site improvements, to remove mechanic’s liens should any be filed against said Property, and to pay all bills, costs, expenses and legal fees; and indemnify said company against any loss should it become necessary for the company to bring action to remove the lien or to pay the bills.

The parties agree to appoint the Title Company as Escrow Agent; and the Lender is authorized to advance to the Escrow Agent from time to time during the progress of construction adequate funds to pay for costs of construction as warranted by lender’s periodic inspection of progress of construction.

A facsimile signature on this Statement is valid as an original.

Subscribed and sworn to before this ______

______________________________________

 

Contractor

___________________________________

 

(Date)

______________________________________

 

Signature

___________________________________

 

Notary Public

______________________________________

 

Contractor (Title)

 

______________________________________

 

Owner

 

______________________________________

 

Owner

©2004 Rinke Noonan

File Specs

Fact Name Description
Purpose The Sworn Construction Statement form is used to provide a detailed account of all subcontractors and suppliers involved in a construction project.
Required Attachments A list of all subcontractors and suppliers must be attached to this statement for it to be valid.
Change Notification Any changes to the list of subcontractors or the statement itself must be communicated to the lender or title company.
Cost Breakdown The form includes a breakdown of costs related to various construction items, such as permits, materials, and labor.
Legal Authority In many states, the Sworn Construction Statement is governed by specific laws related to construction liens and contractor obligations.
Waiver of Claims By signing the form, the contractor waives claims of priority to the mortgage upon payment of the listed unpaid items.
Signature Validity A facsimile signature on this statement is considered valid as an original, streamlining the process for all parties involved.

Sworn Construction Statement - Usage Guidelines

After gathering the necessary information, the next step involves completing the Sworn Construction Statement form. This form requires specific details about the property, the owner, and the associated costs of construction. It is essential to provide accurate information to ensure a smooth process with the lender and title company.

  1. Begin by filling in the Owner’s Name at the top of the form.
  2. Next, enter the Property Address below the owner's name.
  3. Attach a list of all subcontractors and suppliers related to the construction work.
  4. Review the list of items provided on the form, which includes various construction elements from land to landscaping.
  5. For each item, provide the corresponding subcontractor/supplier name, total cost, amount paid, and balance due.
  6. Calculate the TOTALS for the costs, amounts paid, and balances due at the bottom of the form.
  7. Sign and date the form in the designated area to certify the information provided is accurate.
  8. Have a Notary Public witness your signature to validate the document.
  9. Ensure that all necessary parties have copies of the completed form for their records.

Your Questions, Answered

What is a Sworn Construction Statement?

A Sworn Construction Statement is a document that outlines the costs and details related to construction work on a property. It includes a list of subcontractors and suppliers, as well as a breakdown of various construction items and their associated costs. This statement is often required by lenders and title companies to ensure transparency and accountability in construction financing.

Who needs to fill out the Sworn Construction Statement?

The contractor and the property owner must complete the Sworn Construction Statement. Both parties need to ensure that all subcontractors and suppliers are accurately listed and that the costs are correctly stated. This is crucial for securing financing and avoiding any potential disputes.

What information is included in the Sworn Construction Statement?

The statement includes the owner’s name, property address, and a detailed list of construction items. Each item has columns for total cost, amount paid, and balance due. Additionally, it requires the signatures of the contractor and the owner, along with a notary public’s acknowledgment.

Why is it important to list all subcontractors and suppliers?

Listing all subcontractors and suppliers is vital because it ensures that everyone involved in the construction process is accounted for. This transparency helps protect the property owner and the lender by minimizing the risk of unpaid bills or mechanic’s liens, which could arise if a subcontractor is not properly acknowledged.

What happens if there are changes to the list of subcontractors or suppliers?

If there are any changes to the list of subcontractors or suppliers, the contractor or owner must promptly notify the lender or title company. Keeping this information updated is crucial to maintain the integrity of the financing process and to avoid potential legal issues.

How does the Sworn Construction Statement affect loan disbursement?

The Sworn Construction Statement is used to facilitate the disbursement of loan proceeds from the lender to the contractor or subcontractors. It serves as a basis for the lender to release funds as work progresses, ensuring that payments are made for completed work and materials.

What are the consequences of not paying subcontractors?

If subcontractors are not paid, they may file a mechanic’s lien against the property. This can lead to legal complications and financial liabilities for the property owner. The Sworn Construction Statement helps mitigate this risk by ensuring that all parties are acknowledged and paid as agreed.

Is a facsimile signature acceptable on the Sworn Construction Statement?

Yes, a facsimile signature is considered valid as an original on the Sworn Construction Statement. This allows for easier processing and can expedite the financing process, especially when parties are not able to sign in person.

What should I do if I have more questions about the Sworn Construction Statement?

If you have additional questions, it is best to consult with a legal professional or your lender. They can provide guidance specific to your situation and ensure that you understand all requirements and implications of the Sworn Construction Statement.

Common mistakes

  1. Incomplete Information: Failing to provide all required details, such as the owner's name or property address, can lead to delays or rejections of the form.

  2. Missing Subcontractor and Supplier List: Not attaching a complete list of subcontractors and suppliers can result in complications during the approval process.

  3. Incorrect Itemization: Listing items inaccurately or omitting necessary components can create discrepancies in the total cost and affect funding.

  4. Failure to Update Changes: Not informing the lender or title company of any changes to the list or statement can lead to legal issues or funding problems.

  5. Signature Issues: Not providing a valid signature or failing to have the document notarized can invalidate the statement.

  6. Ignoring Payment Obligations: Not acknowledging the responsibility to pay any unpaid bills or remove mechanic’s liens can lead to financial and legal repercussions.

  7. Facsimile Signature Misunderstanding: Assuming that a facsimile signature is not valid can result in unnecessary delays or disputes.

Documents used along the form

The Sworn Construction Statement form is an essential document in the construction process, ensuring transparency and accountability between contractors, subcontractors, and lenders. However, it is often accompanied by several other important forms and documents that help facilitate the construction project and protect the interests of all parties involved. Below is a list of these commonly used forms.

  • Construction Contract: This is the primary agreement between the property owner and the contractor, outlining the scope of work, timelines, payment schedules, and other essential terms for the construction project.
  • Change Order: This document is used to formally modify the original construction contract. It details any changes in work scope, materials, or costs, ensuring that both parties agree to the adjustments.
  • Notice of Commencement: This document notifies all parties involved that construction has begun. It is often required by law and helps establish a timeline for potential lien rights.
  • Lien Waiver: A lien waiver is a document that contractors and subcontractors sign to confirm they have been paid for their work. It protects the property owner from future claims against the property due to unpaid bills.
  • Certificate of Insurance: This document provides proof that the contractor has the necessary insurance coverage, protecting both the contractor and the property owner from potential liabilities during the construction process.
  • Subcontractor Agreement: This agreement outlines the terms between the contractor and any subcontractors they hire. It specifies the work to be done, payment terms, and responsibilities.
  • Building Permit: A building permit is a legal authorization required to begin construction. It ensures that the project complies with local zoning laws and building codes.
  • Final Inspection Report: This report is generated after the completion of the construction work. It confirms that the project meets all regulatory requirements and is safe for occupancy.
  • Occupancy Permit: Issued by local authorities, this permit allows the property owner to occupy the building once construction is complete and all inspections have been passed.

Each of these documents plays a crucial role in the construction process, helping to ensure that projects are completed on time, within budget, and in compliance with all applicable laws and regulations. Properly managing these forms can lead to a smoother construction experience and protect the interests of everyone involved.

Similar forms

The Sworn Construction Statement is similar to a Construction Contract. A Construction Contract outlines the terms between the property owner and the contractor. It details the scope of work, payment terms, and timelines. Both documents aim to clarify responsibilities and expectations, ensuring that all parties understand their obligations. The Construction Contract may also include provisions for changes in the work, similar to how the Sworn Construction Statement requires updates to the list of subcontractors and suppliers.

Another document that resembles the Sworn Construction Statement is the Lien Waiver. A Lien Waiver is a document that contractors and subcontractors sign to relinquish their right to file a lien against a property. This is important for the property owner, as it ensures that they will not face claims for unpaid work. Like the Sworn Construction Statement, the Lien Waiver helps protect the financial interests of the parties involved by confirming that payments have been made for services rendered.

The Payment Application is also similar to the Sworn Construction Statement. A Payment Application is submitted by a contractor to request payment for completed work. It typically includes a breakdown of costs and the status of the project. Both documents serve to communicate financial details related to construction projects, ensuring that payments are made based on work completed and materials supplied.

The Change Order is another related document. A Change Order is used to modify the original construction agreement. It details changes in scope, costs, or timelines. The Sworn Construction Statement requires that any changes to the list of subcontractors or suppliers be communicated to the lender or title company, similar to how a Change Order must be documented and approved to be valid.

A Bid Proposal is also comparable to the Sworn Construction Statement. A Bid Proposal outlines the contractor's plan and costs for a construction project. It helps the property owner understand what to expect in terms of services and pricing. Both documents emphasize transparency in costs and services, allowing for informed decision-making by the property owner.

The Schedule of Values shares similarities with the Sworn Construction Statement as well. A Schedule of Values is a detailed list of all components of a construction project, often used for billing purposes. It breaks down costs into specific categories, much like the itemized list in the Sworn Construction Statement. This helps both the contractor and property owner track expenses and ensure that payments align with the work completed.

The Contractor's Affidavit is another document that aligns with the Sworn Construction Statement. This affidavit confirms that the contractor has paid all subcontractors and suppliers for the work performed. Similar to the Sworn Construction Statement, it provides assurance to the property owner and lender that there are no outstanding debts related to the project.

The Subcontractor Agreement is also similar. This agreement outlines the relationship between the general contractor and subcontractors. It specifies the work to be done, payment terms, and responsibilities. Like the Sworn Construction Statement, it ensures that all parties are clear about their roles and obligations, which helps prevent misunderstandings during the construction process.

The Final Release of Lien is another document that shares characteristics with the Sworn Construction Statement. This document is signed by contractors and subcontractors upon receiving final payment, confirming that they will not file a lien against the property. Both documents aim to protect the property owner from future claims, ensuring that all financial obligations have been met.

Lastly, the Construction Draw Schedule is similar to the Sworn Construction Statement. This schedule outlines when payments will be made during the construction process, often tied to specific milestones. It helps both the contractor and property owner manage cash flow and ensures that payments correspond with the progress of the work, similar to how the Sworn Construction Statement details payment expectations based on completed tasks.

Dos and Don'ts

Filling out the Sworn Construction Statement form accurately is crucial for ensuring that all parties involved in a construction project are on the same page. Here are seven important dos and don'ts to keep in mind when completing this form.

  • Do provide accurate information about the owner’s name and property address. This establishes clear identification for the project.
  • Do attach a complete list of all subcontractors and suppliers. This transparency helps maintain trust among all parties involved.
  • Do ensure that all material costs are correctly reflected. This prevents disputes over financial obligations later on.
  • Do sign and date the form appropriately. A signature confirms that the information is true and accurate.
  • Don't leave any sections blank. Incomplete information can lead to delays or misunderstandings.
  • Don't forget to notify the lender or title company of any changes to the list or statement. Keeping them informed is essential for a smooth process.
  • Don't assume that a facsimile signature is invalid. It is legally recognized as an original, so use it if necessary.

By adhering to these guidelines, individuals can facilitate a more efficient and effective construction process, ultimately benefiting all parties involved.

Misconceptions

  • Misconception 1: The Sworn Construction Statement is optional.
  • This form is a crucial document in the construction process. It is typically required by lenders and title companies to ensure that all parties involved are aware of the financial commitments and obligations related to the construction project.

  • Misconception 2: The statement only lists costs.
  • While the Sworn Construction Statement does include a breakdown of costs, it also serves to verify that all subcontractors and suppliers have been disclosed. This transparency helps prevent disputes over payments and responsibilities.

  • Misconception 3: Changes to the project can be made without notifying the lender.
  • Any changes to the list of subcontractors or suppliers must be communicated to the lender or title company. This ensures that all parties are on the same page regarding the project's financial aspects.

  • Misconception 4: The contractor is not responsible for unpaid bills.
  • The statement clearly outlines that the contractor agrees to pay any unpaid bills for construction or site improvements. This includes the responsibility to remove any mechanic’s liens that may arise.

  • Misconception 5: A facsimile signature is not valid.
  • Contrary to popular belief, a facsimile signature on the Sworn Construction Statement is considered valid and can be treated as an original signature. This helps streamline the process and avoid delays.

  • Misconception 6: The form is only for large construction projects.
  • The Sworn Construction Statement is applicable to various types of construction projects, regardless of size. It is essential for ensuring proper documentation and financial accountability in any construction endeavor.

  • Misconception 7: The form guarantees payment to subcontractors.
  • While the Sworn Construction Statement helps facilitate payment by providing a clear breakdown of costs, it does not guarantee that subcontractors will be paid. It is essential for contractors to manage their finances and obligations responsibly.

Key takeaways

When filling out and using the Sworn Construction Statement form, consider the following key takeaways:

  • Accurate Information: Ensure all subcontractors and suppliers are listed accurately. This is crucial for transparency and compliance.
  • Notification of Changes: Any changes to the list or the statement must be communicated to the Lender or Title Company promptly.
  • Detailed Itemization: The form requires a detailed breakdown of construction costs, including labor and materials for various tasks.
  • Payment Tracking: Keep track of total costs, amounts paid, and balances due for each subcontractor and supplier.
  • Contractor and Owner Agreement: Both the contractor and owner must agree that the attached list is complete and accurate.
  • Increase in Costs: If construction costs increase, additional deposits may be required to cover these changes.
  • Indemnification Clause: The undersigned agrees to cover any unpaid bills and indemnify the Title Company against potential losses.
  • Escrow Agent Role: The Title Company acts as the Escrow Agent, managing funds for construction costs as they arise.
  • Facsimile Signatures: A facsimile signature is considered valid, streamlining the signing process.
  • Legal Compliance: This statement serves to induce the Title Company to disburse loan proceeds, ensuring all parties adhere to legal requirements.