Affidavit & Counter Affidavit to Release Stop Payment Notice

21 minutes

A direct contractor who has received a stop payment notice from a subcontractor or materials supplier claiming to have not received payment may send an affidavit to the project’s public entity. The affidavit challenges the validity of the stop payment notice. The public entity sends a copy of the affidavit to the claimant, who must respond with a counter-affidavit within the deadline set by the public entity, usually within 10-20 days. The affidavit and counter-affidavit set the stage for a lawsuit with an expedited hearing.

Affidavit Example Form Included

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Video: Affidavit and Counter Affidavit to Release Stop Payment Notice

21min.

Form: Affidavit and Declaration for Release of Stop Payment Notice Funds

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William L. Porter

Instructor

Specializing in construction law and labor and employment law, William Porter is also the President of Porter Law Group, Inc. He has practiced construction law for more than 25 years in private, state and federal construction claims before state and federal courts.

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