Affidavit of Completion

The Bank should require an Affidavit of Completion be recorded within 10 days of completion [TPC § 53.106].  This “starts the clock” on the 30-day period for a subcontractor to file a lien.  Failure to record the Affidavit within this time frame causes the date of completion to be deemed the date the Affidavit is actually recorded.  If the Affidavit is timely filed, a copy of the Affidavit of Completion sent to all subcontractors, and then the Affidavit is evidence of the completion date.  The Affidavit of Completion should be executed upon the final advance.