The Contractor's Final Payment Affidavit Form is a critical document required under German construction law for project closure and final payment release. It is typically used when a construction project reaches completion and the contractor seeks to receive their final payment. The document serves multiple purposes: it confirms the completion of all contracted works, declares all payments received to date, confirms that all subcontractors and suppliers have been or will be paid, and waives any future liens or claims against the property. Under German law, particularly the BGB (German Civil Code) and VOB/B (German Construction Contract Procedures), this affidavit provides legal protection for both the client and contractor, ensuring transparent and compliant project closure. The document is especially important for risk management and maintaining clear documentation of project financial closure.
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1. Contractor Information: Legal name, business address, and registration details of the contractor
2. Project Details: Project name, location, contract reference number, and completion date
3. Contract Value Declaration: Statement of original contract sum and approved change orders
4. Payment Status: Detailed breakdown of payments received and final payment requested
5. Lien Waiver Declaration: Formal waiver of any mechanic's liens or rights to claim against the property
6. Subcontractor Payment Confirmation: Declaration that all subcontractors and suppliers have been or will be paid
7. Tax Compliance Statement: Confirmation of VAT payments and tax compliance
8. Sworn Statement: Legal declaration of the truth of all statements made in the affidavit
9. Signature Block: Space for contractor's signature, witness/notary confirmation, and date
1. Retention Release: Used when requesting release of retained amounts, including confirmation of warranty obligations
2. Dispute Declaration: Required if there are any pending disputes or claims to be noted
3. Insurance Confirmation: Added when specific insurance confirmations are required post-completion
4. Third-Party Claims: Included when declaration of absence of third-party claims is specifically required
5. Warranty Statement: Detailed warranty provisions when extended or special warranties are part of the contract
1. Schedule A - Payment Summary: Detailed breakdown of all payments received and outstanding amounts
2. Schedule B - Subcontractor List: Complete list of subcontractors with payment status and lien waivers
3. Schedule C - Change Order Summary: List of all approved change orders and their values
4. Appendix 1 - Supporting Documents: Copies of final invoices, completion certificates, and acceptance documents
5. Appendix 2 - Lien Waivers: Collected lien waivers from subcontractors and suppliers
6. Appendix 3 - Tax Certificates: Current tax clearance certificates and VAT documentation
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