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who is who- affiant

2 weeks ago

trying to figure out this contracts affidavit and conditional partial release. The apartment complex asked the contractor to fill it out and have it notorized- is the contractor the affiant?

Chief Legal Officer Levelset

An “affiant” is the person who is swearing to an affidavit. So, whoever is signing the affidavit and swearing to the contents is the affiant.

In a case in which a construction participant is required/requested to provide a notarized lien waiver, that construction participant would be affiant. Note, however, that there are only three states in which a lien waiver is required to be notarized.

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