(a) An owner may file with the county clerk of the county in which the property is
located an affidavit of completion. The affidavit must contain:
(1) the name and address of the owner;
(2) the name and address of the original contractor;
(3) a description, legally sufficient for identification, of the real property on
which the improvements are located;
(4) a description of the improvements furnished under the original contract;
(5) a statement that the improvements under the original contract have been completed
and the date of completion; and
(6) a conspicuous statement that a claimant may not have a lien on retained funds
unless the claimant files an affidavit claiming a lien not later than the 40th day
after the date the work under the original contract is completed.
(b) A copy of the affidavit must be sent by certified or registered mail to the original
contractor not later than the date the affidavit is filed and to each claimant who
sends a notice of lien liability to the owner under Section 53.056, 53.057, 53.058, 53.252, or 53.253 not later than the date the affidavit is filed or the 10th day after the date the
owner receives the notice of lien liability, whichever is later.
(c) A copy of the affidavit must also be sent to each person who furnishes labor or
materials for the property and who furnishes the owner with a written request for
the copy. The owner must furnish the copy to the person not later than the date the affidavit
is filed or the 10th day after the date the request is received, whichever is later.
(d) Except as provided by this subsection, an affidavit filed under this section on
or before the 10th day after the date of completion of the improvements is prima facie
evidence of the date the work under the original contract is completed for purposes
of this subchapter and Section 53.057. If the affidavit is filed after the 10th day after the date of completion, the date
of completion for purposes of this subchapter and Section 53.057 is the date the affidavit is filed. This subsection does not apply to a person to whom the affidavit was not sent as
required by this section.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.