A progress payment affidavit requires notarization when the controlling form, contract, agency, lender, or payment administrator requires a sworn certification—not on every construction project.
Published and reviewed by iRemoteNotary
Last reviewed August 15, 2026
Sometimes. A construction progress payment affidavit requires notarization when the controlling form, construction contract, public agency, lender, owner, architect, or payment administrator requires a sworn or notarized certification. Other payment workflows use an ordinary signed certification, electronic approval, or payment application without a separate affidavit.
A progress payment affidavit is not the same as a payment application or lien waiver. Notarization verifies the required signature or oath; it does not prove that the work is complete, the payment amount is correct, subcontractors were paid, or the contractor is entitled to payment.
Construction payments are often released in stages rather than waiting until the entire project is complete. Before approving a progress payment, an owner, public agency, lender, architect, or construction manager may require supporting documents.
Those documents can include:
The exact package is established by the contract and recipient. A progress payment affidavit may be one component, but it is not automatically required on every construction project.
A progress payment affidavit is a signed statement associated with a request for payment during an active construction project.
Depending on the form, the signer may be asked to swear or certify statements concerning:
The form's actual wording controls. A notary cannot tell the signer what the affidavit should say or whether the statements are accurate.
| Document | General role |
|---|---|
| Progress payment affidavit | Sworn or certified statement supporting a progress-payment request |
| Payment application | Contractor's request for payment based on completed work, stored materials, retainage, and contract adjustments |
| Schedule of values | Allocation of the contract sum among portions of the work |
| Lien waiver | Conditional or unconditional release of specified lien or bond rights |
| Subcontractor/supplier payment affidavit | Statement about payments or amounts owed to lower-tier project participants |
| Final payment affidavit | Closeout-stage affidavit associated with the contractor's request for final payment |
These documents can appear in the same payment package, but they are not interchangeable. Notarizing a progress affidavit does not notarize a separate payment application, schedule, waiver, or invoice. Each signature and certificate must be evaluated separately.
Texas Parks and Wildlife Department publishes a Contractor's Progress Payment Affidavit for its construction contracts.
The form is a sworn statement by an authorized contractor representative and contains a notarial jurat. It addresses compliance with the contract and payment-related representations associated with the requested progress payment.
TPWD's Application for Payment guidance lists the notarized Contractor's Progress Payment Affidavit among the documents required with a monthly construction-payment submission.
This is a project-specific public-agency procedure. It does not mean every Texas construction progress payment affidavit uses the same form or requires notarization.
The contractor must use the form required by TPWD when that form governs the project. A notary cannot substitute a generic certificate or different affidavit.
Government construction contracts frequently identify the documents that must accompany each payment request.
For example, a public construction solicitation may require:
A public agency's requirement applies to its contract and should not be presented as a nationwide rule. Similarly, Missouri's Office of Administration publishes its own application, certification, retainage, subcontractor, and completion forms. New York's Office of General Services publishes separate contractor payment forms and affidavit-related instructions. These examples demonstrate why contractors must follow the actual contract and agency instructions.
Not necessarily.
A project may require a progress payment affidavit because of:
That is different from a statute requiring a specific lien document. For example, Florida Statutes section 713.20 provides a waiver and release upon progress payment. That waiver concerns lien rights and does not replace a project-specific progress payment affidavit. A contractor may need both documents—or neither—depending on the payment package.
Verify the signer's identity.
Confirm personal appearance.
Administer an oath or affirmation.
Witness the signature as required.
Complete the notarial certificate.
Record the notarial act.
Percentage of completion
Quality of work
Stored materials
Retainage calculations
Change-order amounts
Previous payments
Amount currently due
Subcontractor or supplier payment
Compliance with the contract
Inspection approval
Entitlement to payment
Those facts remain the responsibility of the signer and project participants.
The form or contract should identify the signer.
It may require:
The notary confirms identity but does not appoint the signer or establish corporate authority. If the recipient requires proof of authority, the contractor should provide it separately.
Potentially. If the requested oath, affirmation, or acknowledgment is eligible for remote online notarization and the owner, public agency, lender, architect, or other recipient accepts RON, the signer may be able to complete the affidavit online.
Before the session, confirm:
1. The correct project form.
2. The applicable contract.
3. The required signer.
4. Whether the form must remain unsigned.
5. The required notarial certificate.
6. Whether attachments must be included.
7. Whether the recipient accepts electronic signatures and RON.
8. Whether an original paper document is required.
9. Whether separate supporting documents also require signatures or notarization.
Remote notarization does not approve the payment request.
Review the Progress Payment Affidavit Online Notary service page.
Review the AIA G702 Payment Application service page when a pay application is also required.
Read the lien-waiver types guide when lien waivers are part of the payment package.
Read the final payment affidavit and lien release guide for closeout-stage documents.
Visit the Construction Notary hub for other eligible construction documents.
After confirming the contract form, authorized signer, certificate, and recipient's RON requirements, request an online notarization session for an eligible progress payment affidavit.
Request Progress Affidavit NotarizationBefore scheduling, prepare:
Do not ask the notary to calculate completion percentages, payment amounts, retainage, or balances.
A progress payment affidavit requires notarization only when the governing form or payment procedure calls for a notarial act.
Some public agencies use sworn and notarized progress affidavits. Other construction workflows use signed payment certifications without a separate affidavit.
The project documents control. The notary verifies the signer and performs the requested act but does not certify the construction work, payment calculation, or entitlement to funds.
No. The requirement depends on the form, contract, public agency, lender, owner, architect, or payment administrator. Some affidavits contain a jurat, while other payment workflows use an ordinary signed certification.
No. A pay application requests payment and summarizes contract values, work, stored materials, retainage, and previous payments. A progress affidavit is a separate sworn or certified statement that may support the application.
No. A lien waiver addresses specified lien or payment-bond rights. A progress affidavit generally certifies payment or project-related statements. Both may be required in one payment package.
The form or contract determines the signer. It may require an officer, LLC manager, contractor, project executive, or other authorized representative with knowledge of the statements.
No. The signer makes the sworn or certified statement. The notary verifies identity and performs the notarial act but does not audit payments or project records.
Possibly. The act must be eligible for RON, and the recipient must accept the remotely notarized form. Confirm whether electronic signatures and electronic documents are permitted.
No. The owner, architect, lender, construction manager, or agency separately reviews the payment request and supporting documentation.
The following primary sources support the legal and procedural information in this guide. Requirements can change, so confirm current rules with the receiving organization before relying on a notarized document.
Contractor's Progress Payment Affidavit
Texas Parks and Wildlife Department
Accessed August 15, 2026
Texas Parks and Wildlife Department
Accessed August 15, 2026
2026 Construction Contract Payment Requirements
Village of Key Biscayne
Accessed August 15, 2026
Florida Legislature
Accessed August 15, 2026
Missouri Office of Administration
Accessed August 15, 2026
New York Office of General Services
Accessed August 15, 2026
Confirm the required form, signer, attachments, and recipient instructions before requesting your secure online session.