is an itemized list of all individuals and companies who have provided improvements, materials or labor toward the construction project and an accounting of all monies due to those parties.
A homeowner, upon payment to the contractor, should expect the contractor to pay the subcontractors, suppliers and/or laborers involved in the construction project. A sworn statement identifies all parties due payment, the amounts each party is due and the type of work/supplies each party provided. This gives the homeowner an official record of the items for which the contractor is billing. By law, the contractor shall provide a sworn statement to the owner or lessee when the contractor requests payment or when a demand for the sworn statement has been made by or on behalf of the owner or lessee.
On receipt of a sworn statement, the owner, lessee or their designee must give notice of its receipt, either in writing, by telephone or personally to each subcontractor, supplier and laborer who has provided a notice of furnishing under Section 109, or, if not required to provide a notice of furnishing under Section 108 or 108A, to each subcontractor, supplier or laborer named in the sworn statement. If a subcontractor, supplier or laborer requests a copy of the sworn statement, the owner, lessee or designee must provide a copy within 10 business days after receiving the request.
Homeowners please note:
If you choose to pay a subcontractor, supplier or laborer directly without obtaining a sworn statement, you are taking a risk! Obtain a sworn statement prior to making payments may help to avoid paying twice if any problems arise later.
A sworn statement should list each subcontractor, supplier or laborer that the contractor or subcontractor is contracting with to complete the project and give a detailed accounting the monies owed or spent.
The contractor must provide a completed sworn statement to the owner or lessee upon request for payment, or upon request by or on behalf of the owner or lessee
Subcontractors must provide a sworn statement to the general contractor upon request for payment, or upon request by the contractor. A subcontractor should also provide a sworn statement to the owner or lessee if requested.
Upon receipt of the sworn statement, the homeowner, lessee or their designee must provide notice to each subcontractor, supplier or laborer (in writing, by telephone or personally) who provided a notice of furnishing, or, if the notice of furnishing is excused, to each subcontractor, supplier or laborer who is listed on the sworn statement. If any of those parties makes a formal request for the sworn statement, the owner, lessee or designee must provide a copy within 10 business days.
A contractor or subcontractor giving false information on a sworn statement, with the intent to defraud, is guilty of a crime. Depending on the amount involved in the false information and/or if there have been any previous convictions involving giving false sworn statements, contractors or subcontractors found guilty of a misdemeanor or felony can face from 93 days to 10 years imprisonment and/or fines of $500.00 to $10,000.00 or 3 times the statement amount whichever is greater.
Blank Forms (pdf)
PLEASE NOTE: INFORMATION PROVIDED INCLUDES CHANGES TO THE CONSTRUCTION LIEN ACT,
PURSUANT TO PA 497 OF 2006 AND PA 572 OF 2006.