Contents of the Affidavit
Contents of the Affidavit
The lien affidavit must be signed by the claimant or some person acting on the claimant’s behalf and must include the following:
1. A sworn statement of the amount of the claim.
2. The name and last known address of the owner or reputed owner. The contractor is entitled to rely on representations of ownership made by the parties with whom the contractor deals, and need not search title records to establish actual ownership.
3. A general statement of the kind of work done and materials furnished by the claimant and, for a claimant other than an original contractor, a statement of each month in which the work was done and materials furnished for which payment is requested.
4. The name and last known address of the person by whom the claimant was employed or to whom the claimant furnished the materials or labor.
5. The name and last known address of the original contractor.
6. A description, legally sufficient for identification, of the property sought to be charged with the lien.
7. The claimant’s name, mailing address, and, if different, physical address.
8. For a claimant other than a general contractor, a statement identifying the date each notice of the claim was sent to the owner and the method by which the notice was sent.
A copy of any applicable written agreement or contract and a copy of each notice sent to the owner may be attached to the affidavit.
Though substantial compliance with these lien affidavit requirements is required, the requirements should be liberally construed for the purposes of protecting laborers and materialmen. Thus, a lien affidavit that states more than the amount actually owed does not invalidate the lien, at least as long as the discrepancy does not harm the person against whom the lien is asserted. Similarly, the failure to list the claimant’s business address within the sworn portion of the affidavit does not invalidate the lien when the address otherwise appears on the document and thereby provides the notice required by the statute.
The statement of the kind of work done and the materials furnished by the lien claimant may be general, but must be meaningfully descriptive enough to give fair notice to third parties of that for which the lien is claimed. Individual items of work done or material furnished or fabricated need not be included in the affidavit. In describing the work and materials involved in the project, the affidavit may use abbreviations or symbols that are customary in the trade.
To qualify for a lien, the lien affidavit that is filed and served should take the form of an affidavit. Thus, the writing should be signed by the party making it, it should be sworn to before an officer authorized to administer oaths, and it should be officially certified to by that officer under seal of the officer’s office. An acknowledgment that a document was signed before a notary public is not sufficient if it does not state that the affiant was sworn.