Affidavit of Completion
A sworn instrument recorded by the owner of a Texas construction project stating the date the original contractor completed the work. Historically used to shorten the lien-filing window, the affidavit's power to truncate lien deadlines was eliminated by HB 2237 (effective January 1, 2022) for prime contracts entered after that date.
An affidavit of completion is a sworn instrument recorded by the owner of a Texas construction project, stating the date on which the original contractor completed the work. Under prior versions of Chapter 53 of the Property Code, the recording of a timely affidavit of completion (with required notice to the original contractor and subcontractors) could shorten the lien-affidavit deadline to 40 days after the recorded completion date. House Bill 2237 (effective January 1, 2022) eliminated that truncation effect for original contracts entered into on or after that date.
Pre-2022 mechanics
Before January 1, 2022, an owner who recorded an affidavit of completion under § 53.106, meeting all statutory content and service requirements, including delivery to all subcontractors with timely notice claims, could limit the period during which lien claimants could file lien affidavits to 40 days after the date of completion stated in the affidavit. The truncation was an important risk-shifting tool for owners and lenders preparing to release retainage and close out a project.
Current (post-HB 2237) mechanics
For original contracts entered on or after January 1, 2022, the affidavit of completion no longer shortens the lien-filing deadline. The deadlines under § 53.052 control regardless of any owner-recorded completion affidavit. The owner may still record an affidavit to evidence the date of completion for other purposes (commencement of statute-of-repose periods, retainage release timing under § 53.101, foreclosure-suit limitations under § 53.158), but the 40-day acceleration mechanism is gone.
Statutory content requirements
Under § 53.106, the affidavit must (1) be signed by the owner; (2) identify the property by legal description; (3) identify the original contractor; (4) state the date of completion; and (5) be filed with the county clerk in the county where the property is located. Notice requirements differ for residential and non-residential projects. Defective affidavits, incomplete service, deficient content, untimely recording, are routinely challenged in litigation.
Practical consequences
The HB 2237 amendments removed an important close-out planning tool. Owners and lenders on contracts post-dating January 1, 2022 must now wait through the full statutory deadline window (15th day of the 4th month after completion for non-residential original contractors; 15th of the 3rd month for residential) before they can be certain that lien rights have expired. Title insurance, retainage release, and final pay-application timing have all shifted to accommodate the longer waiting period.
The affidavit of completion is an example of a Texas statutory tool whose practical utility has shifted dramatically, and not all transaction parties have adjusted their playbooks. Texas attorneys advising owners, contractors, lenders, or title insurers on construction matters should confirm the prime-contract execution date before assuming pre-2022 or post-2022 rules apply. Deals straddle both regimes and will continue to do so for several years given multi-year construction timelines.