Homepage Blank Sworn Construction Statement Form
Outline

The Sworn Construction Statement form plays a crucial role in the construction financing process, serving as a detailed declaration by the property owner and contractor regarding the costs associated with a construction project. This form requires the owner to provide their name and the property address, ensuring that all parties involved are clearly identified. Attached to the statement is a comprehensive list of subcontractors and suppliers, which must be kept up-to-date, as any changes need to be communicated to the lender or title company. The form outlines various items related to the construction process, ranging from land acquisition and permits to specific labor and materials required for completion. Each item is accompanied by a breakdown of costs, amounts paid, and balances due, providing a transparent view of the financial obligations involved. By signing this document, the contractor and owner affirm that the information is accurate and that there are no outstanding contracts beyond what is specified. This statement is designed to facilitate the disbursement of loan proceeds, ensuring that funds are allocated appropriately to cover construction costs while also protecting the interests of the lender and title company. Furthermore, it includes provisions for the appointment of an escrow agent and outlines the responsibilities of all parties in the event of any unpaid bills or mechanic’s liens. Overall, the Sworn Construction Statement is an essential tool for managing the financial aspects of construction projects, promoting accountability and clarity among stakeholders.

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

Form Information

Fact Name Description
Purpose The Sworn Construction Statement is designed to provide a comprehensive account of all subcontractors and suppliers involved in a construction project, ensuring transparency for lenders and title companies.
Owner's Responsibility It is the owner's duty to inform the lender or title company of any changes to the list of subcontractors and suppliers attached to the statement.
Cost Breakdown The form includes a detailed list of items related to construction, such as land, permits, and labor, allowing for a clear understanding of total costs.
Legal Implications By signing the statement, the contractor waives any claims of priority to the mortgage, ensuring that the lender can disburse funds without risk of liens.
State-Specific Regulations In many states, including Texas, the Sworn Construction Statement must comply with specific laws governing construction financing and lien waivers.
Signature Validity A facsimile signature on the Sworn Construction Statement holds the same legal weight as an original signature, streamlining the process for all parties involved.

Detailed Guide for Filling Out Sworn Construction Statement

After completing the Sworn Construction Statement form, it is essential to ensure that all information is accurate and comprehensive. This document plays a critical role in the construction financing process, as it outlines the costs associated with the project and the parties involved. Follow the steps below to fill out the form correctly.

  1. Enter the Owner’s Name: Write the full name of the property owner in the designated space.
  2. Fill in the Property Address: Provide the complete address of the property where construction is taking place.
  3. List Subcontractors and Suppliers: Attach a list that includes the names of all subcontractors and suppliers involved in the project.
  4. Complete the Items Section: For each item listed (e.g., Land, Survey, Permits), write down the corresponding costs, amounts paid, and balances due in the provided columns.
  5. Calculate Totals: Add up the total costs for all items and ensure that the totals are accurate.
  6. Sign the Statement: The contractor must sign the form to affirm the accuracy of the information provided.
  7. Notary Public Signature: Have the form notarized to validate the statement.
  8. Owner’s Signature: The property owner must also sign the form, confirming their agreement with the contents.

Obtain Answers on Sworn Construction Statement

  1. What is a Sworn Construction Statement?

    A Sworn Construction Statement is a document that outlines all costs associated with a construction project. It includes details about subcontractors and suppliers, as well as the total costs for various construction items. This statement is often required by lenders or title companies before they disburse funds for construction projects.

  2. Why is the Sworn Construction Statement important?

    This statement is crucial because it provides transparency about the costs and parties involved in a construction project. It helps ensure that all subcontractors and suppliers are paid, thereby protecting the interests of both the property owner and the lender. By signing this document, the contractor and owner confirm that all information is accurate and complete.

  3. Who needs to sign the Sworn Construction Statement?

    Both the contractor and the property owner must sign the Sworn Construction Statement. Their signatures confirm that they agree with the listed costs and understand their obligations regarding payments and any potential liens.

  4. What happens if there are changes to the subcontractors or suppliers?

    If there are any changes to the list of subcontractors or suppliers, the property owner or contractor must notify the lender or title company immediately. This ensures that all parties are aware of any updates that could affect the project’s financing or legal standing.

  5. What is the role of the Title Company in this process?

    The Title Company acts as an escrow agent, managing the disbursement of funds to contractors and subcontractors as the construction progresses. They ensure that payments are made according to the Sworn Construction Statement and that all necessary lien waivers are obtained.

  6. What should be included in the Sworn Construction Statement?

    The statement should include:

    • The names of all subcontractors and suppliers
    • A detailed list of construction items and their associated costs
    • The total amount paid and the balance due
    • Any additional deposits required for cost increases
  7. Can a facsimile signature be used on the Sworn Construction Statement?

    Yes, a facsimile signature is considered valid as an original. This allows for easier processing and quicker transactions, especially when time is of the essence in construction projects.

  8. What are the consequences of not paying subcontractors?

    If subcontractors are not paid, they may file mechanic’s liens against the property. This can lead to legal complications and additional costs for the property owner. The Sworn Construction Statement helps mitigate this risk by ensuring that all parties are aware of their financial obligations.

Common mistakes

When filling out the Sworn Construction Statement form, many people make mistakes that can lead to complications. One common error is leaving out the owner's name or providing incorrect information. This information is crucial for identifying who is responsible for the property and the construction project.

Another frequent mistake is failing to include the property address. Without the correct address, it can be challenging for lenders or title companies to associate the statement with the right property. This can delay the approval process and create confusion.

Some individuals neglect to attach the required list of subcontractors and suppliers. This list is essential for transparency and accountability in the construction process. Omitting it can raise red flags and may result in additional scrutiny from lenders.

People often forget to update the statement if there are any changes to the subcontractors or suppliers. This can lead to discrepancies and issues later on. It is important to communicate any changes to the lender or title company promptly.

Another mistake is not providing accurate cost amounts for each item listed. Inaccurate figures can lead to funding problems or disputes over payments. Ensuring all amounts are correct is vital for a smooth transaction.

Some individuals fail to calculate the total costs correctly. This is a crucial part of the form, as it summarizes the financial aspects of the construction project. Errors in this section can affect the overall understanding of the project's budget.

Another issue arises when people do not sign the form or forget to include the date. A missing signature or date can render the document invalid, causing delays in processing and potential legal complications.

People sometimes overlook the importance of including a notary public's signature. This signature adds an extra layer of authenticity to the document. Without it, the statement may not hold up in certain situations.

Some individuals also fail to specify the loan amount being requested. This information is necessary for the lender to understand the financial needs of the project. Omitting it can lead to misunderstandings and delays.

Lastly, individuals may not fully understand the implications of the statement. It is crucial to read and comprehend the terms outlined, including any responsibilities regarding unpaid bills or mechanic’s liens. Ignoring these details can lead to significant issues down the line.

Documents used along the form

The Sworn Construction Statement form is an important document in the construction process, particularly when it comes to securing financing and ensuring that all parties involved are clear about the costs and responsibilities. Alongside this form, several other documents are often utilized to provide a comprehensive overview of the project. Below is a list of related forms that may be required.

  • Contractor Agreement: This document outlines the terms and conditions between the property owner and the contractor. It includes details about the scope of work, payment schedules, and responsibilities of each party.
  • Change Order: When modifications to the original construction plan are necessary, a change order documents these changes. It specifies the new work to be done, the cost implications, and the timeline adjustments.
  • Lien Waiver: This form is used to confirm that a contractor or subcontractor has been paid for their work. It protects the property owner from potential mechanic's liens, ensuring that all parties have been compensated for their contributions.
  • Notice of Commencement: This document officially marks the start of a construction project. It is typically filed with the local government and informs all interested parties that construction is underway.
  • Progress Payment Request: As work progresses, contractors submit this request to receive payment for completed work. It details the work done to date and the corresponding payment amount requested.
  • Final Inspection Report: After the completion of construction, this report is prepared to confirm that all work has been completed according to the specifications and standards set forth in the contract.
  • Certificate of Occupancy: Issued by the local government, this certificate verifies that a building is safe for occupancy and meets all applicable building codes and regulations.
  • Insurance Certificates: These documents provide proof of insurance coverage for the contractor and any subcontractors involved in the project. They ensure that adequate protection is in place against potential liabilities.

Understanding these documents and their purposes can significantly streamline the construction process. Each plays a vital role in protecting the interests of all parties involved and ensuring that the project runs smoothly from start to finish.

Similar forms

The Sworn Construction Statement form is an important document in construction projects, but it shares similarities with several other forms. Here’s a look at nine documents that resemble it, highlighting their key similarities:

  • Change Order Form: Like the Sworn Construction Statement, this form details changes to the original construction agreement, including any adjustments in cost or scope of work.
  • Invoice: An invoice outlines costs for work completed, similar to how the Sworn Construction Statement lists subcontractors and their associated costs.
  • Payment Application: This document requests payment for work completed, much like the Sworn Construction Statement indicates amounts due for various construction tasks.
  • Contractor’s Affidavit: This affidavit confirms that all subcontractors and suppliers have been paid, paralleling the Sworn Construction Statement’s emphasis on financial transparency.
  • Final Waiver of Lien: This form is used to confirm that all claims against the property have been settled, which aligns with the Sworn Construction Statement’s goal of ensuring no outstanding claims exist.
  • Scope of Work Document: This outlines the specific tasks and responsibilities in a project, similar to how the Sworn Construction Statement details various construction items.
  • Subcontractor Agreement: This agreement establishes the terms between the contractor and subcontractors, akin to the Sworn Construction Statement's list of subcontractors involved in the project.
  • Progress Report: A progress report tracks the status of construction work, sharing the Sworn Construction Statement's focus on documenting project progress and expenditures.
  • Bid Proposal: This document outlines the costs and scope of work proposed by a contractor, similar to how the Sworn Construction Statement presents a detailed breakdown of costs for various construction activities.

Dos and Don'ts

When filling out the Sworn Construction Statement form, it’s essential to follow certain guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn’t do:

  • Do double-check all entries for accuracy before submitting the form.
  • Do include a complete list of subcontractors and suppliers attached to the statement.
  • Do ensure that all material costs are correct and reflect the actual amounts paid.
  • Do sign and date the form in the appropriate sections.
  • Do notify the lender or title company of any changes to the list or the statement.
  • Don't leave any sections blank; fill out all required fields completely.
  • Don't submit the form without reviewing it for any potential errors or omissions.

By adhering to these guidelines, you can help ensure that the process goes smoothly and that all parties involved have the necessary information for a successful transaction.

Misconceptions

Understanding the Sworn Construction Statement form is crucial for homeowners and contractors alike. However, several misconceptions can lead to confusion. Here are nine common misunderstandings:

  1. It’s only for contractors. Many believe that only contractors need to fill out this form. In reality, both the owner and the contractor must sign it, ensuring all parties are aware of the financial obligations.
  2. It’s not legally binding. Some think the form is just a formality. However, it is a legally binding document that outlines financial responsibilities and protects against liens.
  3. All subcontractors and suppliers are optional. There is a misconception that listing subcontractors and suppliers is optional. In fact, the form requires a complete list, and any changes must be communicated to the lender or title company.
  4. It covers only the initial costs. Many assume that the Sworn Construction Statement only pertains to initial costs. It actually includes all labor and materials required for the entire project.
  5. Changes don’t need to be documented. Some believe they can make changes without documentation. However, any changes to the list or statement must be reported to the lender or title company.
  6. A signature is not necessary. A common misconception is that a signature is not crucial. A signed form is essential for it to be valid and enforceable.
  7. It’s only relevant during construction. Many think the form is only important while the project is ongoing. In reality, it can have implications even after construction is complete, especially regarding payment disputes.
  8. It guarantees payment to subcontractors. Some believe that submitting this form guarantees payment to subcontractors. While it helps in securing funds, it does not ensure payment unless the terms are met.
  9. Notary services are optional. A misconception exists that notarization is not necessary. However, having the document notarized adds an extra layer of authenticity and legal standing.

Being aware of these misconceptions can help ensure that all parties involved understand their responsibilities and rights under the Sworn Construction Statement form.

Key takeaways

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

  • Accurate Information: Ensure that all details, including the owner's name and property address, are filled out correctly.
  • Subcontractor and Supplier List: Attach a comprehensive list of all subcontractors and suppliers to the statement. This list is crucial for transparency.
  • Notify Changes: If there are any changes to the list or the statement, inform the lender or title company immediately.
  • Complete Itemization: Include all items related to the construction project, from land and permits to appliances and landscaping.
  • Cost Breakdown: Clearly outline the total cost, amount paid, and balance due for each subcontractor and supplier.
  • Indemnification: Be prepared to cover any unpaid bills or legal fees that may arise, ensuring that all claims are settled promptly.
  • Escrow Agent Appointment: Understand that the title company will act as the escrow agent, managing disbursements as construction progresses.
  • Signature Validity: Remember that a facsimile signature is considered valid, making the process smoother.
  • Waiver of Claims: By signing, you agree to waive any claims of priority to the mortgage upon payment of the listed items.

Taking the time to carefully complete this form can help avoid complications down the road. Always keep communication open with your lender and title company to ensure a smooth construction process.