How to Fill Out AIA G706A: Contractor’s Affidavit of Release of Liens

To fill out AIA Document G706A, the Contractor’s Affidavit of Release of Liens, gather a signed lien waiver or release from every subcontractor, supplier, and other party with potential lien rights on the project; enter the project name, architect’s project number, and the owner’s and contractor’s legal names and addresses exactly as they appear in the contract; describe the scope under “Contract For”; list any missing releases on the exceptions line (or write “None”); attach the signed waivers; and sign the affidavit before a notary public who seals the document.1AIA Contract Documents. Instructions: G706A-1994, Contractor’s Affidavit of Release of Liens

The form itself is short. Most of the work is in the preparation and the paperwork you attach to it.

What to Gather Before You Open the Form

Having everything in front of you before you start keeps the form from going back and forth for corrections. Pull these together first:

  • The Owner-Contractor Agreement, which is the source for the contract date, project name, and the legal names and addresses of the owner and contractor.1AIA Contract Documents. Instructions: G706A-1994, Contractor’s Affidavit of Release of Liens
  • The architect’s project number, which the architect supplies.
  • Signed lien waivers or releases from every subcontractor, material supplier, equipment lessor, and any other party with potential lien rights. Each release should state the dollar amount paid and the party’s waiver of the right to file a lien.
  • Payment records: bank confirmations, canceled checks, or electronic transfer receipts matching the amounts on each release. Cross-referencing these before you submit catches accounting errors before the architect does.
  • Final billing statements, so the totals on the releases reconcile with your final applications for payment and the overall contract sum.

Use the current authorized G706A template from the AIA Contract Documents online portal. An outdated form invites rejection.

Completing the Form Field by Field

Work through the fields in this order:

  • Project identification. Enter the project name, the architect’s project number, and the owner’s and contractor’s legal names and addresses exactly as they appear in the original contract.
  • Contract For. Describe the scope of work covered by the contract, such as “General Construction” or “Mechanical Work.”1AIA Contract Documents. Instructions: G706A-1994, Contractor’s Affidavit of Release of Liens
  • Affidavit (state and county). Enter the state and county where you are signing. This is the location where the notary is authorized to administer oaths, not necessarily the project location.
  • Exceptions. Enter “None” if every release has been obtained. Otherwise, list the parties whose releases are missing or disputed. See below for how to handle this.
  • Supporting documents. Attach the signed lien waivers and releases. Some owners also require sworn construction statements.

The most common reason the form gets kicked back is a mismatch between the names or dollar amounts on the attached releases and the project payment records. Before you sign, confirm every release matches the corresponding invoice and payment confirmation.

Attach the Right Kind of Waiver

The releases you attach come in two varieties, and using the wrong type creates problems. A conditional waiver takes effect only after the specified payment clears. An unconditional waiver takes effect immediately upon signing, whether or not the money has arrived. For final-payment closeout, the timing matters: if a subcontractor signs an unconditional waiver before your check clears and the payment then fails, that subcontractor has already surrendered lien rights permanently.

The usual sequence is that the subcontractor signs a conditional waiver on final payment when submitting the last invoice, then signs an unconditional waiver after confirming the funds have cleared. The unconditional version is what the owner wants attached to the G706A, because it provides clean, irrevocable proof that lien rights have been released. If you only have conditional waivers in hand, the architect or owner may reject the affidavit until the conditions are satisfied and unconditional waivers are in the file.

What to Do About Missing Releases

Not every project closes cleanly. A subcontractor may refuse to sign because of a disputed change order, or a supplier may have gone out of business. The G706A has a dedicated space to list exceptions to the sworn statement.1AIA Contract Documents. Instructions: G706A-1994, Contractor’s Affidavit of Release of Liens

Listing an exception does not make it go away. The owner will likely require a lien bond or indemnity bond covering each exception.2AIA Contract Documents. Summary: G706-1994, Contractor’s Affidavit of Payment of Debts and Claims A lien release bond is a surety bond that substitutes for the lien itself, so if the unpaid party later wins its dispute, the surety company pays rather than the property being foreclosed on. Posting bonds adds cost and delays final payment. Contractors who chase down every release before submitting the affidavit, even when it means resolving small disputes at a slight loss, almost always close out faster than those who submit a form full of exceptions.

State-Specific Waiver Forms

A dozen or more states require lien waivers to follow a specific statutory form. In those states, a waiver that does not substantially conform to the statutory template can be declared unenforceable, which means the release you attached to the G706A may be worthless even though everyone signed it.3AIA Contract Documents. G902CA: California Unconditional Waiver and Release – Progress Payment The AIA publishes state-specific waiver forms for some jurisdictions (California’s versions are the G902CA through G905CA series, for example), but availability varies. If your project is in a state with a mandatory waiver form, confirm every attached release uses the required format before you submit the G706A. In states without a mandatory form, any clearly written waiver that identifies the parties, project, payment amount, and scope of rights being waived will generally suffice. A construction attorney in the project state is the safest check.

Signing Before a Notary

The G706A is a sworn affidavit, not just a signature page. The contractor or an authorized representative must sign the form in front of a notary public, who administers a sworn oath and then signs and seals the document.1AIA Contract Documents. Instructions: G706A-1994, Contractor’s Affidavit of Release of Liens A missing notary seal or an expired commission will get the form kicked back immediately.

A few details that trip people up. The state and county entered in the affidavit section must match the jurisdiction where the notary is authorized to operate, which is where the signing physically takes place. That location can differ from the project site. If the signer is a corporate officer rather than the contractor individually, bring documentation of their authority to sign for the company. Notary fees for witnessing a sworn statement are modest, typically under $15. Schedule the appointment after all releases are collected but before the payment submission deadline.

Delivering the Completed Affidavit

The notarized G706A, together with the G706 and all attached waivers, goes to the architect of record or the project owner, depending on the contract. Certified mail with a return receipt gives you a paper trail proving the submission date.1AIA Contract Documents. Instructions: G706A-1994, Contractor’s Affidavit of Release of Liens Many projects now use secure project management platforms that log delivery timestamps and document versions, which works just as well for establishing proof of submission.

The architect reviews the affidavit against the project’s payment records and the final application for payment. If the releases match and no exceptions raise concerns, the architect issues a certificate for final payment, and the owner releases the remaining retainage. If something doesn’t add up, expect the package to come back for correction. On a mid-size commercial project, plan for at least a week or two of review time.

What a False Affidavit Costs

Because the G706A is a sworn statement made under oath, signing it with false information exposes the contractor to perjury charges. A contractor who swears that all releases have been obtained while knowing a subcontractor was never paid is making a knowingly false statement to a notary. Beyond criminal liability, a false affidavit can void the contractor’s right to the final payment, trigger breach-of-contract claims, and invite civil fraud suits from the owner or the unpaid parties.

The risk is highest when a contractor is under deadline pressure and signs intending to catch up on a few missing payments afterward. That approach is legally indistinguishable from fraud. If releases are genuinely unavailable, use the exceptions line and post a bond. Documenting the gap honestly is always safer than papering over it.