Sworn Construction Statement PDF Template

Sworn Construction Statement PDF Template

The Sworn Construction Statement is a document that outlines the costs associated with a construction project, including a detailed list of subcontractors and suppliers. This form is essential for ensuring transparency and accountability in construction financing, as it verifies that all material costs and labor are accurately represented. To ensure proper processing, it is crucial to fill out this form accurately and submit it to the lender or title company.

Click the button below to complete the Sworn Construction Statement form.

Article Guide

The Sworn Construction Statement form is a crucial document used in the construction industry to outline the financial aspects of a construction project. This form requires the owner's name and property address, along with a detailed list of all subcontractors and suppliers involved in the project. It is essential to attach this list to the statement, as any changes must be communicated to the lender or title company. The form includes various items related to construction costs, such as land, permits, labor, and materials, allowing for a comprehensive view of the financial obligations. The contractor and owner must certify that the information provided is accurate and complete, indicating that all material costs are correct and that there are no outstanding contracts. Additionally, the statement serves to facilitate the disbursement of loan proceeds, ensuring that payments are made to the contractor and subcontractors as work progresses. By signing the document, the parties agree to certain responsibilities, including the removal of any mechanic's liens and the payment of any unpaid bills. The form also allows for the appointment of a title company as an escrow agent to manage the funds throughout the construction process.

Sworn Construction Statement Preview

©2004 Rinke Noonan
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 SUBCONTRACTOR/SUPPLIER TOTAL COST AMOUNT PAID BALANCE
DUE
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
©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

File Properties

Fact Name Fact Description
Purpose The Sworn Construction Statement is used to document all subcontractors and suppliers involved in a construction project.
Owner's Responsibility The owner must provide a complete list of subcontractors and suppliers attached to the statement.
Change Notification Any changes to the list must be communicated to the lender or title company.
Cost Breakdown The form includes a detailed breakdown of costs for various construction items, from land to appliances.
Inducement for Payment This statement serves to induce the title company to disburse loan proceeds for the construction project.
Waiver of Claims By signing, the contractor waives claims of priority to the mortgage after payment of specific unpaid items.
Authorization for Disbursement The contractor authorizes the lender and title company to disburse funds as work progresses based on the statement.
Indemnification Clause The contractor agrees to indemnify the title company against any loss related to unpaid construction bills.
Facsimile Validity A facsimile signature on the statement is considered valid and has the same legal effect as an original signature.

Instructions on Utilizing Sworn Construction Statement

Completing the Sworn Construction Statement form is an important step in your construction project. This form requires specific information about the property, the costs associated with the construction, and the subcontractors or suppliers involved. Follow the steps below to ensure that you fill out the form accurately.

  1. Owner's Name: Write the full name of the property owner in the designated space.
  2. Property Address: Enter the complete address of the property where the construction is taking place.
  3. Subcontractors and Suppliers: Attach a list of all subcontractors and suppliers related to the project. Ensure this list is accurate and up-to-date.
  4. Cost Items: In the section provided, list each cost item related to the construction. This includes categories like Land, Survey, Permits, and so on, up to Landscaping and Contractor’s Fee.
  5. Cost Breakdown: For each item, fill in the corresponding columns for Subcontractor/Supplier, Total Cost, Amount Paid, and Balance Due.
  6. Total Costs: Calculate and enter the total amount for all items listed at the bottom of the form.
  7. Signature: Both the contractor and the owner must sign the form. Ensure that the signatures are dated and that the contractor's title is included.
  8. Notary Public: The form must be notarized. Arrange for a notary public to witness the signatures and provide their stamp or seal.

After completing the form, review all entries for accuracy. Once verified, submit the form along with any required attachments to the lender or title company as instructed. Keeping a copy for your records is advisable.

Important Facts about Sworn Construction Statement

What is a Sworn Construction Statement?

A Sworn Construction Statement is a formal document that outlines the costs associated with a construction project. It lists all subcontractors and suppliers involved, along with the total costs for various construction items. This statement serves to assure lenders and title companies that all financial obligations related to the project are disclosed and accounted for. It is crucial for securing funding and ensuring that all parties are aware of the financial commitments involved in the construction process.

Why is it important to attach a list of subcontractors and suppliers?

Attaching a list of subcontractors and suppliers is essential because it provides transparency regarding who is involved in the construction project. This list helps to ensure that all parties are paid appropriately for their work and materials. Additionally, it protects the owner and contractor by demonstrating that there are no undisclosed financial obligations, which could lead to mechanic's liens or disputes later on. Lenders and title companies rely on this information to assess the risk associated with financing the project.

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

If there are any changes to the list of subcontractors or the costs associated with the project, these must be communicated promptly to the lender or title company. Failure to do so could result in delays in funding or complications with payments. It is the responsibility of both the owner and contractor to keep this information updated to ensure that all parties are aware of any changes that could affect the project's financial structure.

What are the consequences of not providing accurate information in the Sworn Construction Statement?

Providing inaccurate information in the Sworn Construction Statement can have serious consequences. If discrepancies are found, it may lead to legal disputes, financial penalties, or the inability to secure funding for the project. Additionally, if unpaid bills arise due to inaccurate reporting, the contractor and owner may be held liable for those costs. This could also result in mechanic’s liens being filed against the property, which can complicate ownership and future transactions.

Common mistakes

Filling out the Sworn Construction Statement form requires careful attention to detail. One common mistake is failing to provide complete and accurate information about subcontractors and suppliers. It’s essential to attach a comprehensive list that includes all relevant parties. Omitting even one subcontractor can lead to complications later on, especially when it comes to payment and liability issues.

Another frequent error is neglecting to update the form when changes occur. If there are any alterations to the list of subcontractors or the overall statement, these must be communicated to the Lender or Title Company promptly. Ignoring this requirement can result in delays or even disputes regarding payments, as the statement will not reflect the most current information.

Many individuals also overlook the importance of verifying the total costs listed. The form requires accurate figures for each item, including amounts paid and balances due. Inaccuracies can lead to financial discrepancies and may jeopardize the entire construction project. It’s vital to double-check these numbers before submission.

Additionally, some people fail to understand the implications of the statement. By signing, the contractor and owner assert that all material costs are correct and that no other contracts are outstanding. Misunderstanding this declaration can lead to legal repercussions if claims arise later. Therefore, it’s crucial to grasp the full scope of the commitments being made.

Lastly, individuals often neglect to ensure that all required signatures are included. The form must be signed by both the contractor and the owner, along with notarization. Missing signatures can render the document invalid, causing significant delays in the construction process. Ensure that every necessary signature is present before finalizing the form.

Documents used along the form

The Sworn Construction Statement form is often used in conjunction with several other documents to ensure a smooth construction process and proper financing. Below are four common forms that complement the Sworn Construction Statement.

  • Contractor Agreement: This document outlines the terms and conditions between the property owner and the contractor. It specifies the scope of work, payment terms, and responsibilities of each party.
  • Lien Waiver: A lien waiver is a document that contractors and subcontractors sign to confirm that they have been paid for their work. This helps protect the property owner from potential mechanic's liens filed by unpaid workers or suppliers.
  • Change Order: A change order is used to document any changes to the original construction agreement. This can include modifications in scope, materials, or costs. It ensures that all parties are aware of and agree to the changes.
  • Payment Application: This document is submitted by the contractor to request payment for completed work. It details the work performed and the amount due, serving as a formal request for funds from the lender or title company.

These documents work together with the Sworn Construction Statement to provide clarity and protection for all parties involved in the construction project.

Similar forms

The Sworn Construction Statement form serves a specific purpose in the construction industry, but it shares similarities with several other documents. Each of these documents plays a role in ensuring transparency and accountability in construction projects. The following list outlines eight documents that are similar to the Sworn Construction Statement form:

  • Change Order: This document outlines modifications to the original construction contract. Like the Sworn Construction Statement, it requires detailed information about costs and labor, ensuring all parties are informed of any changes.
  • Payment Application: A payment application requests payment for completed work. It, too, includes a breakdown of costs and must be supported by documentation, similar to the Sworn Construction Statement.
  • Contractor's Affidavit: This affidavit confirms that all subcontractors and suppliers have been paid. It parallels the Sworn Construction Statement in its focus on financial obligations and transparency.
  • Mechanic's Lien Waiver: A lien waiver protects property owners by confirming that contractors and subcontractors have been paid. This document shares the same goal of preventing disputes over unpaid work as the Sworn Construction Statement.
  • Subcontractor Agreement: This agreement details the relationship between the contractor and subcontractors. Like the Sworn Construction Statement, it outlines specific duties and payment terms, ensuring clarity in responsibilities.
  • Construction Contract: This foundational document governs the overall project, including scope and payment. It is similar to the Sworn Construction Statement in that it establishes expectations and obligations for all parties involved.
  • Invoice: An invoice requests payment for services rendered. It provides itemized details about labor and materials, much like the Sworn Construction Statement, which lists costs associated with the construction project.
  • Final Inspection Report: This report documents the completion of construction and verifies that all work meets required standards. It is akin to the Sworn Construction Statement in that it ensures all aspects of the project are accounted for before final payment is made.

Dos and Don'ts

When filling out the Sworn Construction Statement form, it is crucial to be meticulous. Here are some important guidelines to follow:

  • Do ensure that all subcontractors and suppliers are listed accurately.
  • Do double-check the total cost and amounts paid to avoid discrepancies.
  • Do provide your signature and the date clearly to validate the statement.
  • Do keep a copy of the completed form for your records.
  • Don't omit any required information, as this could delay processing.
  • Don't forget to inform the Lender or Title Company of any changes to the list or statement.

Following these guidelines will help ensure a smooth process and maintain clarity throughout the construction project. Take your time and review your entries carefully.

Misconceptions

  • Misconception 1: The Sworn Construction Statement is optional.
  • Many believe this form is not necessary. In reality, it is crucial for securing financing and protecting all parties involved in the construction project.

  • Misconception 2: The form only needs to be filled out once.
  • Some think that submitting the form once is sufficient. However, any changes to subcontractors or suppliers require an updated statement to be provided to the lender or title company.

  • Misconception 3: The contractor is solely responsible for the accuracy of the statement.
  • While the contractor plays a key role, the owner must also ensure that all information is correct. Both parties are responsible for the accuracy of the costs and subcontractor details.

  • Misconception 4: The form guarantees payment to subcontractors.
  • Completing the Sworn Construction Statement does not guarantee that subcontractors will be paid. It simply outlines the agreed costs and payment structure.

  • Misconception 5: The statement covers all potential costs.
  • Some assume that all costs are included in the statement. However, any additional costs or changes must be documented separately and communicated to the lender.

  • Misconception 6: A facsimile signature is not valid.
  • Many people think that only original signatures are acceptable. In fact, a facsimile signature on the Sworn Construction Statement is considered valid and binding.

  • Misconception 7: The form is only for large construction projects.
  • This form is often viewed as applicable only to large-scale projects. However, it is essential for any construction project that involves financing.

  • Misconception 8: The statement is only relevant during the construction phase.
  • Some believe the statement is only important while construction is ongoing. In reality, it remains relevant until all payments are settled and any liens are removed.

  • Misconception 9: The title company does not play an active role.
  • Many think the title company is merely a passive observer. In fact, the title company acts as an escrow agent, managing funds and ensuring that payments are made according to the statement.

Key takeaways

Filling out and using the Sworn Construction Statement form is an important step in the construction process. Here are some key takeaways to keep in mind:

  • Complete Information: Ensure that all sections of the form are filled out accurately, including the owner's name and property address. This information is crucial for proper identification.
  • List of Subcontractors and Suppliers: Attach a comprehensive list of all subcontractors and suppliers involved in the project. Any changes to this list must be communicated to the lender or title company promptly.
  • Detailed Itemization: Include a detailed breakdown of all construction items, from land to landscaping. Each item should reflect the total cost, amount paid, and balance due to maintain transparency.
  • Indemnification Clause: The contractor agrees to cover any unpaid bills and remove mechanic’s liens if necessary. This protects all parties involved and ensures compliance with financial obligations.
  • Authorization for Disbursement: The form authorizes the lender and title company to disburse funds as work progresses. This facilitates timely payments to contractors and subcontractors based on the work completed.
  • Facsimile Signatures: A facsimile signature on the Sworn Construction Statement is considered valid. This allows for easier processing and can expedite the construction financing process.

By following these guidelines, you can help ensure that the Sworn Construction Statement serves its purpose effectively and supports a smooth construction process.