The Contractor's Final Payment Affidavit And Release Of Lien is a critical document in the Nigerian construction industry that serves as the final step in completing a construction project's payment process. This document is typically required before the release of final payment or shortly after its receipt, depending on whether the release is conditional or unconditional. It provides legal protection for property owners by ensuring that contractors formally acknowledge full payment and release any rights to file liens against the property. The document must comply with Nigerian federal and state legislation, including the Evidence Act 2011 and Contract Law Act, and requires proper notarization. It's particularly important in larger construction projects where multiple contractors and subcontractors are involved, as it helps prevent future claims and establishes clear documentation of project completion and payment satisfaction.
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1. Affiant Identification: Formal identification of the contractor/affiant making the sworn statement, including their legal capacity and authority
2. Project Information: Details of the construction project including location, contract reference numbers, and project description
3. Payment Confirmation: Declaration of the final payment amount received or to be received, and confirmation that this represents full payment for all work performed
4. Account Statement: Detailed statement of the original contract amount, approved change orders, and final contract sum
5. Subcontractor Declaration: Statement confirming all subcontractors and suppliers have been or will be paid in full
6. Lien Release Statement: Formal release of any and all liens, claims, and rights to lien on the property
7. Warranties and Representations: Affirmation that all statements made are true and correct
8. Execution: Signature block with notary attestation and official seal requirements per Nigerian law
1. Conditional Release Provisions: Used when the release is conditional upon receipt of final payment, stating conditions that must be met
2. Partial Release Statement: Used when the release applies only to specific portions of work or specific time periods
3. Reservation of Rights: Used when certain claims or rights need to be preserved despite the general release
4. Insurance Claims Declaration: Used when there are pending or potential insurance claims related to the project
5. Dispute Resolution: Used when there are specific procedures for handling any future disputes about payment or claims
1. Schedule A - Payment Details: Detailed breakdown of all payments received, including dates and payment references
2. Schedule B - Subcontractor List: Complete list of all subcontractors and suppliers with their payment status
3. Schedule C - Outstanding Claims: List of any retained or reserved claims, if applicable
4. Appendix 1 - Supporting Documents: Copies of relevant payment receipts, contracts, or other supporting documentation
5. Appendix 2 - Property Description: Legal description of the property where work was performed
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