To fill out AIA Form G706, the Contractor’s Affidavit of Payment of Debts and Claims, pull the header details straight from your owner-contractor agreement, sign the sworn certification stating that every subcontractor, supplier, and laborer has been paid, list any unpaid obligations in the Exceptions field (or write “None”), attach the lien waivers and surety consent the form calls for, and have the whole document notarized under oath before you submit it with your final payment application.
Where to Get the Form
G706 is a proprietary AIA document, not a free government download. You buy it through the AIA Contract Documents platform at aiacontracts.com as a fillable digital document, or in bulk paper packs through the AIA design shop. The current edition is G706–1994, which has remained the standard version since its release. Before you buy, ask the architect or owner. They often already hold a licensed copy for the project.
What to Have in Front of You Before You Fill Anything In
The header pulls directly from your owner-contractor agreement, so keep that contract open. You’ll need:
- Project name and address as written in the contract, not an informal shorthand.
- The architect’s project number, which appears on prior payment applications or correspondence.
- A brief contract description and the date the agreement was executed.
- The owner’s legal name and business address as listed in the contract.
- Your company’s legal name and principal business address.
At the top of the form, distribution checkboxes let you mark who gets a copy: Owner, Architect, Contractor, Surety, and Other. Check whichever apply. On bonded projects, the surety always gets a copy.
Signing the Sworn Certification
The body of the form is a single sworn statement. By signing, you certify that you have paid in full, or otherwise satisfied, all obligations for materials, equipment, labor, services, and any known claims connected to the project for which the owner or the owner’s property could be held responsible. That reaches lumber invoices, subcontractor balances, and equipment rental alike.
The language is broad on purpose. It isn’t limited to parties you contracted with directly. If a second-tier subcontractor or a material supplier has an unpaid balance that could ripen into a lien against the owner’s property, that falls inside what you’re swearing to. Read the paragraph before signing. Once notarized, it carries the legal weight of testimony under oath.
How to Handle the Exceptions Field
Immediately below the certification is a space labeled “EXCEPTIONS.” If every bill is paid and no disputes remain, write “None.” If any debts or known claims are still outstanding, list each one with enough detail that the owner and architect understand the nature and the amount of the obligation.
Listing exceptions does not automatically disqualify you from final payment. It does trigger additional requirements. The owner may require you to post a lien bond or indemnity bond covering each listed exception before releasing funds, and your contract may spell out that right explicitly. Honest disclosure here protects you. Omitting a known unpaid balance and writing “None” is far more dangerous than listing the exception and working through it.
Attachments the Form Expects
The lower portion of G706 has checkboxes for the supporting documents you’re submitting with the affidavit. These attachments are what give your sworn statement substance.
Consent of Surety (G707)
On any bonded project, attach the surety’s written consent to final payment. AIA Document G707 is built for this. It confirms the surety approves release of final payment and acknowledges that the payment does not relieve the surety of its ongoing bond obligations. If no performance or payment bond exists, check “No” next to the consent of surety line and move on.
Lien Waivers and Releases
The form lists three categories of lien-related attachments the owner may require:
- Your own release or waiver of liens, confirming that you, as the general contractor, waive your right to file a lien once you receive final payment.
- Separate releases from each subcontractor and supplier, accompanied by a list identifying who provided them.
- AIA Document G706A, the Contractor’s Affidavit of Release of Liens, a companion affidavit in which you swear that all lien releases or waivers have been collected. It reinforces G706 by addressing lien rights specifically rather than general debts.
Not every owner requires all three. Check your contract’s closeout requirements for which apply. When in doubt, include everything. An over-documented closeout package moves faster than an incomplete one.
Conditional Versus Unconditional Waivers
The lien waivers you attach will be either conditional or unconditional, and the distinction matters. A conditional waiver takes effect only once the specified payment actually clears. An unconditional waiver takes effect the moment it is signed, whether or not any money has changed hands. For final closeout, a conditional final lien waiver is the safer choice for subcontractors, waiving lien rights once the remaining balance including retainage is paid in full. An unconditional final waiver confirms full payment has already been received and permanently surrenders lien rights. Owners seeking maximum protection push for unconditional waivers, but subcontractors should sign those only after confirming the final check has cleared.
Notarization and Who Signs
G706 is not valid without notarization. The form has a notary block at the bottom for the notary’s signature, seal, and commission expiration date. This is more than an acknowledgment of identity. The notary administers a sworn oath. You raise your right hand and swear, or affirm, that the statements in the affidavit are true. The notary then signs and seals, creating a jurat.
Only a person authorized to sign on behalf of the contracting company can execute the affidavit. If you’re a corporate officer or an authorized representative, your name and title go on the signature line. A corporation itself cannot swear an oath, so an individual has to take personal responsibility for the truth of the statements. That has real consequences. The person who signs can be held personally liable if the affidavit turns out to be false, regardless of the corporate capacity in which they signed.
Submitting the Package
Once the G706 and all attachments are notarized and assembled, deliver the full package to the architect along with your final Application for Payment, typically AIA Document G702. The architect reviews the affidavit and supporting documents against the project records. If everything checks out, the architect certifies final payment and forwards the package to the owner.
The owner’s team then reviews the submission before authorizing release of the final payment, which includes retainage, the portion of the contract value (typically five to ten percent) withheld through the project as a completion incentive. Expect follow-up questions. Owners and their attorneys routinely ask for clarification on specific lien waivers, missing releases, or the status of listed exceptions. Responding quickly keeps the process moving.
What a False Affidavit Can Cost You
Because G706 is notarized under oath, a false statement carries the same exposure as lying under oath in court, and it reaches beyond a simple breach of contract claim.
- Perjury. Knowingly swearing to a false statement before a notary is a criminal offense in every state. Penalties vary, but perjury is generally charged as a felony.
- Personal liability for fraud. The individual who signs, not just the company, can be held personally liable for fraudulent misrepresentation. Courts have ruled that signing in a corporate capacity does not insulate you from tort liability for your own false statements. An owner who relied on your false certification and continued making payments can sue you individually for damages.
- Bond and indemnity exposure. If the owner discovers unpaid subs or suppliers after making final payment based on a false G706, the owner may pursue claims against the payment bond. The surety then has a right of recovery against the contractor.
Most contractors who get burned here didn’t lie outright. They signed before confirming every subcontractor and supplier had actually been paid. If a disputed invoice is still open or a sub has flagged a back-charge, list it as an exception. An affidavit with honest exceptions is legally sound. An affidavit that says “None” when the contractor knows a $40,000 supplier invoice is in dispute is fraud.
What G706 Does Not Cover
The affidavit addresses debts, claims, and financial obligations tied to the construction work. It does not waive the owner’s right to pursue warranty claims or latent defect claims that surface after final payment. Warranty periods under standard AIA contracts typically begin at substantial completion, not at final payment, and they run independently of the closeout paperwork. Signing G706 and collecting your final check does not shield you from a callback if the roof leaks six months later. That is a separate contractual obligation.