No later than five (5) days prior to filing a lawsuit to foreclose on the Claim of Lien, a lienor with a direct contract with the owner must serve upon the owner a Contractor's Final Affidavit stating that all lienors under the contractor's direct contract have been paid in full, or if not all lienors have been paid in full, the affidavit must state the name of all lienors who have not been paid in full and the amount owed to each such lienor. The 2003 amendment to the statutes added the statutory from of the Contractor’s Final Affidavit which must be provided to the owner at the time of the final payment. Material suppliers, professional lienors, and laborers are exempt from this requirement and need not serve a Contractor's Final Affidavit.

One of the purposes of the Contractor’s Final Affidavit is to provide the owner the information needed, so that the owner can exercise the right to make direct payment to the lienors in order to avoid the possibility of the lienor recording and foreclosing a Claim of Lien against the property. The owner must provide the contractor with ten (10) days written notice of the owner’s intent to pay lienors, other than laborers, directly and must state the amount to be paid to each lienor.

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DISCLAIMER AND CAUTION: THESE MATERIALS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED NOR SHOULD THEY BE CONSTRUED AS LEGAL ADVICE AS TO ANY PARTICULAR SET OF FACTS OR CIRCUMSTANCES. DUE TO THE COMPLEXITY OF THE CONSTRUCTION LIEN LAW STATUTES AND THE CASES INTERPRETING AND APPLYING THE STATUTES, IT IS RECOMMENDED THAT COMPETENT LEGAL COUNSEL BE CONSULTED IN REGARD TO ANY QUESTIONS AS TO THE APPLICABILITY OF CONSTRUCTION LIEN LAW TO ANY SET OF PARTICULAR FACTS.