How to file a mechanics lien form

Mechanics Lien Question?
Live. Free. Ask Bernie.
Retired Construction Attorney.
(800) 995-9434. Email:info@NationalLienLaw.com

South Carolina Mechanics Lien
Lien Waivers, Lien Releases, & Construction Forms

Free Consultation 800-995-9434. Directly with Owner Bernie (9am-9pm PST)

Three Ways to Order:
1) Immediate Download. Do-it-Yourself. Mechanics lien forms and other documents are “fillable” and re-usable PDF’s (unlimited license) with free updates for life. Fill-in the boxes and print.

2) We fill-Out the Form. The “We Prepare” option. Complete the online questionnaire  after you select the form and then call us.  We: search title; verify owner(s) and addresses; get the legal description; determine what recorder’s office, address, and fees; give unlimited consultation; and complete the form the same day. You just mail to the court and owner / general contractor. Or, do it all by phone: (800) 995-9434.

3) Lien Filing Service. We do everything. Search title; prepare the construction lien; verify owners; get legal description; notarize; two-day overnight to recorder; and mail certified.

 

Mechanics Lien Forms

If Your Contract is With the Owner

For general contractors, subcontractors, and suppliers dealing directly with the owner. You are considered a “general” for purposes of mechanic’s lien law, regardless of your license status.

Pre-Lien Notices & Procedures

Notice of Project Commencement-Location Notice

Pre-lien notice used by a general.


Sample

Price: from $35.00

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Final Collection Letter to Owner

Final demand letter for immediate payment giving notice of your rights to finance charges and/or interest, damages for nonpayment, what is a mechanic's lien, attorneys’ fees, and court costs. Use after repeated demands have been ignored.

Sample

Price: from $35.00

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Attorney Prepared Demand Letter.

A 100% custom prepared letter by our attorney demanding immediate payment. Cites the law, discusses the facts, and outlines how you have performed as agreed. Counters any claims based on alleged defective work, unfinished punch lists, time delays, contested extras, not in compliance with drawings or specifications, and other unjustified excuses for non-payment. Use when the other side is giving you the “run-around”, does not know the law, or is making untrue statements. Unlimited consultation of how to file a mechanics lien. Forceful, professional, and effective. Call us first--(800) 995-9434 for a free initial consultation.

Sample

Price: $200.00

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Mechanic’s Liens

Notice of Intent to File a Mechanics Lien (general)

Warns the owner that you will be filing a mechanic's lien if payment is not made within 10 days. Hopefully, it will create a serious dialog for settlement. Come up with your bottom line amount to settle and be prepared to offer it if the owner is negotiating in good faith. Remember that the last thing an owner wants is a lien on their property — it jeopardizes title, interferes with their relationship with the construction lender, and prevents refinancing or sale. This notice is worded in a non-threatening manner so as to capitalize on this situation, with the owner knowing that you are required by law to file a lien within a set period of time or lose your lien rights.


Sample

Price: from $35.00

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Mechanics Lien (General–Notice of Mechanics Lien and Verified Statement of Account))

Required form to be used by a general contractor in filing a mechanic’s lien on a private work of improvement.

Sample

Price: from $45.00

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Notice of Intent to File Mechanic’s Lien Foreclosure Lawsuit (general)

Warns the owner a lawsuit to foreclose the mechanic’s lien will be filed if payment is not made. Hopefully sets up settlement discussions once they know you are serious. Can prevent the incurring of attorney’s fees and costs if suit brought.

Sample

Price: from $35.00

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All General Lien Forms. Discount Package

General Contractor Discount Package

All downloadable forms in this section (Pre-Lien Notices and Procedures & Mechanic's Lien sections) for a general contractor, except “We Prepare” custom drafted . Comes with free help filling-out the forms (800-995-9434). Substantial savings if bought separately.

Price: $85.00

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If Your Contract is With the Prime Contractor or Another Sub

For general contractors, subcontractors, and suppliers dealing directly with the prime contractor or another subcontractor. You are considered a “sub” for purposes of mechanic’s lien law, regardless of your license status.

Pre-Lien Notices and Procedures

Request for Information (To Fill-out a Pre-Lien Notice or Lien)

For a Sub, Sub-Subcontractor, or Supplier. A request to the General to furnish info needed to fill out a pre-lien notice or lien . Asks for the name and address of the owner, lender, and any surety bond company (for payment or performance bonds). Use it if you do not have this data or want to confirm the info you already have. Also used by a Sub-Sub or Supplier who needs the name and address of the general contractor as well as the other information.


Price: from $25.00

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Notice of Furnishing Labor and Material

Pre-lien notice by sub-subcontractors and suppliers to a subcontractor only. Not required for 1st tier subs.


Sample

Price: from $35.00

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Final Collection Letter to Prime Contractor.

A final demand letter for immediate payment giving notice of your rights to finance charges and/or interest, damages for nonpayment, a future mechanic’s lien, attorneys’ fees, and court costs. Use after repeated demands have been ignored.

Sample

Price: from $35.00

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Final Collection Letter to Owner (sub)

A final demand letter directly to the owner. Under industry practice, communications and payment requests are through the general contractor. But in serious cases of persistent nonpayment, use this to make your demand directly to the owner. The owner may not know about the dispute and might well disperse payment if you plan to file a mechanic’s lien.

Sample

Price: from $35.00

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Attorney Prepared Demand Letter.

A 100% custom prepared letter by our attorney demanding immediate payment. Cites the law, discusses the facts, and outlines how you have performed as agreed. Counters any claims based on alleged defective work, unfinished punch lists, time delays, contested extras, not in compliance with drawings or specifications, and other unjustified excuses for non-payment. Use when the other side is giving you the “run-around”, does not know the law, or is making untrue statements. Unlimited consultation of how to file a mechanic's lien. Forceful, professional, and effective. Call us first--(800) 995-9434 for an initial consultation.

Sample

Price: $200.00

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Mechanic’s Liens

Notice of Intent to File a Mechanics Lien (sub or supplier)

Warns the owner and general contractor that you will be filing a mechanic's lien if payment is not made within 10 days. Hopefully, it will create a serious dialog for settlement. Come up with your bottom line amount to settle and be prepared to offer it if the owner is negotiating in good faith. Remember that the last thing an owner wants is a lien on their property — it jeopardizes title, interferes with their relationship with the construction lender, and prevents refinancing or sale. This notice is worded in a non-threatening manner so as to capitalize on this situation, with the owner knowing that you are required by law to file a lien within a set period of time or lose your lien rights.


Sample

Price: from $35.00

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Mechanics Lien (Sub or Supplier–Notice of Mechanics Lien and Verified Statement of Account)

Required form to be used by a sub or supplier in filing a mechanic’s lien on a private work of improvement.

Sample

Price: from $45.00

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Notice of Intent to File a Mechanic’s Lien Foreclosure Lawsuit (Sub or Supplier)

Warns the owner a lawsuit to foreclose the mechanic’s lien will be filed if payment is not made. Hopefully sets up settlement discussions once they know you are serious. Can prevent the incurring of attorneys fees and costs if suit brought.

Sample

Price: from $35.00

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All Sub / Supplier Lien Forms. Discount Package

Sub / Supplier Discount Package

All downloadable forms in this section (Pre-Lien Notices and Procedures & Mechanic's Lien sections) for a sub or supplier, except “We Prepare” custom drafted . Comes with free help filling-out the forms (800-995-9434). Substantial savings if bought separately.

Price: $140.00

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Lien Releases and Lien Waivers

Lien Waiver Forms. Defined as giving up the right in the future to file a mechanic’s lien based on a progress draw or final payment.

Release of Lien. Striking from the record a mechanics lien already filed after receiving final payment.

Lien Waivers, Lien Releases, and Joint Checks Law Summary

Partial Lien Waiver

For a progress or installment payment. For Generals and Owners: Make sure subs/suppliers sign before getting paid so they cannot come back later with a lien. For Subs/Suppliers: Most projects require such a form and you typically will not be paid without one. Lien rights waived only if the check clears. Depending on the wording you select, may or may not waive/release the right to file a lien in the future for other claims (rights to retention, unpaid work after the release date, unpaid or contested extras, or breach of contract damages — such as damages due to delay, lack of productivity, etc.). One lien waiver form applies to all persons and projects—worded so generals, subs, and suppliers can use and sign. Re-usable PDF--use over and over for each progress draw and other jobs. Comes with: 1) partial Waiver in PDF, 2) partial Waiver in Word format, 3) Law Manual, 4) detailed instructions.

Sample

Price: $35.00

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Final Lien Waiver

For a final payment. For Generals and Owners: Closes out the job and prevents liens in the future. For Subs/Suppliers: Most projects require such a form and you typically will not get final payment and retention without it. Lien rights waived only if the check clears. Depending on the wording you select, may or may not waive/release the right to file a lien in the future for other claims (rights to retention, unpaid work after the release date, unpaid or contested extras, or breach of contract damages — such as damages due to delay, lack of productivity, etc.). One lien waiver form applies to all persons and projects—worded so generals, subs, and suppliers can use and sign. Re-usable PDF--use over and over for each final payment and other jobs. Comes with: 1) final waiver in Word format, 2) Law Manual, and 3) detailed instructions.

Sample

Price: $35.00

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Lien Release (Releases a recorded mechanics lien after final payment)

Releases a mechanic’s lien after final payment is received. Is a full and complete settlement of all claims, including the mechanic’s lien, all work performed, change orders, damages, bond claims, stop notices, lawsuits, arbitration, and any other claims for money owed. Recorded with the clerk or recorder’s office and releases the mechanic’s lien on property records. One release form applies to all persons and projects—worded so owners, generals, subs, and suppliers can use and sign. Re-usable PDF--use over and over for any job. Comes with: 1) lien release in Word format, 2) Law Manual, 3) cover transmittal sheet, 4) proof of service, and 5) detailed instructions.

Sample

Price: $35.00

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Lien Waivers and Release Discount and Bonus Package

Includes: 1) the partial and final lien waiver in PDF and Word format (re-usable forms), 2) two extra PDF back-up waiver forms (alternate forms used if the other party refuses to sign the regular forms), 3) a Waiver Form Kit with various clauses you can "cut and paste" to create your own custom waiver forms, 4) the lien release form in PDF and Word format, 5) proof of service, 6) cover transmittal sheet to recorder, 7) Law Manual, and 8) detailed instructions.

Price: $0.00

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Change Orders

Change Order Law Summary

Standard Change Order

Use it when the parties have agreed on all important terms, including description of the work, price, payment terms, and time for commencement and completion. It has a default provision: If the price is not stated, it automatically reverts to a cost-plus change order form based on the same P. and O. (profit and overhead) percentage and labor rates as in the original contract. Comes with Legal Manual and Change Order Record Sheet and Log.

Sample

Price: $35.00

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Change Order Confirmation

Use when the parties have agreed the work is an extra, but have not necessarily agreed on all terms. In other words, everyone understands the work will be treated as a c/o request and extra compensation paid, but not exactly how much. The primary purpose is to confirm the work will be treated as an extra. Once that is settled, the courts will then determine the reasonable additional cost. Comes with Legal Manual and Change Order Record Sheet and Log.

Sample

Price: $35.00

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Field Change Order Confirmation (full size)

This covers the same situation as in 2 above, except the construction change order language has been abbreviated. This is because it is used on the spot in the field (usually kept in the truck of the job superintendent or contractor) opposed to being prepared in the office. Comes with Legal Manual and Change Order Record Sheet and Log.

Sample

Price: $25.00

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Field Change Order Confirmation (half size)

Same as 3 above except it is been pruned down even further in a "mini" change order template to fit on ½ of the page. This allows you to have it printed on tablet form and carried by your personnel in the field. Comes with Legal Manual and Change Order Record Sheet and Log.

Sample

Price: $20.00

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Notice of Extra Work Performed Under Protest

You have been told to do further work outside the base contract or bid, but the other side refuses to agree it as an extra or that you get additional compensation.  So you prepare this change order form describing the extra work and send it to them for the record.  It lets them know you will be doing the work under protest (so as not to jeopardize scheduling of the overall job). In other words, reserving your legal rights to claim additional compensation at a later time. Comes with Legal Manual and Change Order Record Sheet and Log.

Sample

Price: $35.00

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Additional Work Protest

Same as above, but you are not preparing a change order at all. You are responding to what someone has sent you.  Namely, you have received a written directive telling you to do extra work outside the contract and are expected to do it without extra compensation.  This form allows you to respond to that directive. You agree to do it, but reserve rights for future extra compensation or damages. Comes with Legal Manual and Change Order Record Sheet and Log.

Sample

Price: $25.00

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Request For Signed Change Order.

Use when you have sent out a change order request for signature, but it has not been returned. Comes with Legal Manual and Change Order Record Sheet and Log.

Sample

Price: $25.00

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Request For Change Order Quote

When you are considering whether to make a change to the drawings or contract. In asks a subcontractor, sub-subcontractor, or supplier to give a quote. You can decide if it is worth going forward at their price. You start by sending this change order form.  After it is filled-out and sent back, you can decide to approve it or not. Comes with Legal Manual and Change Order Record Sheet and Log.

Sample

Price: $25.00

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Non-responsibility For Change Order

When you suspect someone is doing additional work without your consent and you, or the owner, do not want to be responsible for paying for it as an extra.  A c/o construction non-liability statement. Comes with Legal Manual and Change Order Record Sheet and Log.

Sample

Price: $25.00

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Change Order Discount Package

All the change order forms in this section, together with a construction change order record sheet, log and Law Manual. Comes with free consultation.

Price: $125.00

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Lawsuit to Foreclose Mechanic’s Lien

Lawsuit to Foreclose Mechanics Lien Guide

Lien Lawsuit Forms

For claims above small claims jurisdiction. A lien will be void unless you bring a lawsuit to foreclose. This traditionally meant hiring an attorney at great cost. But we have developed a Kit that has all the required attorney-prepared forms so you can--with our help--bring the lawsuit yourself. With these templates, hundreds have done it themselves successfully. Complete Kit with pleadings from instituting the lawsuit, discovery, and briefs. Includes: Complaint (the lawsuit, with causes of action for breach of contract, common counts, unjust enrichment, and foreclosure of mechanic's lien); Notice of Pending Action (prevents sale or re–finance); Order for Stay Pending Completion of Arbitration; Answer to Cross-Complaint; Discovery (interrogatories and document inspection demands); Answering other parties discovery requests; and Sample Trial / Arbitration / Mediation Brief. Although we cannot be your lawyer, we are available to answer questions during the process. Not available in Hawaii, New Hampshire, and Delaware. Note: Samples below are the first documents in the Kit.

Lawsuit Kit for General Contractor.

All forms/templates above to foreclose a mechanic's lien in court. Includes all consultation.

Sample

Price: $250.00

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Lawsuit Kit for Subcontractor.

All forms/templates above to foreclose a mechanic's lien in court. Includes all consultation.

Sample

Price: $250.00

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Small Claims Kit

Quick and easy way to collect for smaller amounts.  The most comprehensive Kit on the Internet. Prepared by a construction trial attorney.  Includes 24 pages of tips, pointers, and how-to details:  Exhibits; direct testimony; cross-examination; dealings with the judge; handling an emotionally adverse party; do's and don'ts; scripts of what to say; opening and closing arguments; and much more.  Any contractor that can argue his/her case can use it effectively.

Price: $45.00

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South Carolina Home Improvement Contract


Home Improvement Contract

Required written contract for a contractor (general or sub) that has a direct contract with a residential homeowner, with all the clauses mandated by this State’s law. Applies to any construction, repair, replacement, remodel, service, or improvement of a private residence or work on the land surrounding it. Does not apply to swimming pool or spa contracts. Not required for construction of a new home from scratch (as opposed to work on an existing residence).

Caution: There are serious penalties if you do not use such a contract. This may include: discipline or fines through the contractor’s license board; not being able to file a lien or sue for unpaid monies; having the amount in your contract reduced by what a judge finds is the “reasonable value” of your work; or making your contract void and unenforceable.

Includes: 2 full contracts (simple and complex) with attachments such as: Contract Documents List, Allowance Schedule, Matching Materials Attachment, Special Order Attachment, Arbitration, and Addendum. Also: Pre-construction Notes to Homeowner and the following schedules: Exterior finish, interior finish, light fixtures exterior, light fixtures interior, plumbing, windows, appliances, doors interior, and doors exteriors.

Features: Protection from non-payment; no guarantee as to start or finish dates; work not required to be done with perfection--simply within industry tolerances; no responsibility for errors in plans by others; detailed change order provisions to ensure payment for extras, and many more. Sample is abbreviated form of contract.

Sample

Price: $75.00

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Commercial Construction Contracts.

Commercial Construction Contract (between general contractor and owner)

Contractor agreements between the prime and owner as to commercial projects. Includes 3 separate contracts for one price: 1) Lump sum, 2) Cost-Plus, and 3) T & M.  These construction contract templates have serious legal consequences and therefore detailed provisions are included.  Also includes: Construction Policies Sheet; List of Contract Documents; Special Order Attachment; Cost-Plus Itemization Worksheet; T and M Itemization Worksheet. Free consultation. All editable in Word.

Sample

Price: $75.00

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Commercial Construction Contract (design-build)

A contract construction form specifically created for design-build projects.  A construction agreement contract for practical everyday use. Also includes: Construction Policies Sheet; List of Contract Documents; Special Order Attachment; Free consultation. Also re-usable in Word.

Sample

Price: $75.00

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Subcontract Agreement (favoring the general contractor)

A subcontractor contract between a general contractor and sub with provisions benefiting the GC.  Can be used for residential and commercial projects. Also includes: Construction Policies Sheet; List of Contract Documents; Special Order Attachment. Free consultation. All editable in Word.

Sample

Price: $75.00

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Subcontract Agreement (favoring the subcontractor)

A subcontractor contract between a general contractor and sub with provisions benefiting the subcontractor. Usable for residential and commercial projects. Also includes: Construction Policies Sheet; List of Contract Documents; Special Order Attachment. Free consultation. All editable in Word.

Sample

Price: $75.00

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Settlement Agreement For Construction Dispute

Full Settlement and Release Agreement

After signature and payment, any dispute will be finally resolved and no further claims, back-charges, damages, losses, disputed change orders, warranties, claims against a bond or license, lawsuits, or mechanic’s liens can be asserted.  Can be used in any situation to resolve a construction dispute--whether before or after a lawsuit. Under "We Prepare", we and our attorney will custom draft the Agreement to protect you rights, with unlimited consultation and revisions.


Sample

Price: from $45.00

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Bullet Proof Contract Clauses Kit.

Indispensable clauses prepared by a construction attorney to help protect your rights to the full extent of the law, receive payment, and prevent disputes. Place in your standard contract, insert in an addendum, or use when preparing a new contract. Includes these important subjects: “Pay-If-Paid” and “Pay-When-Paid” clauses; change orders; when payment is due; temporary work stoppage for non-payment; lien waivers; termination at the convenience of the general (not included in clauses for subs); adequate assurances, joint checks; interest and finance charges; definition of substantial completion; matching materials; supervision; duties of the parties; punch lists; industry tolerances; delays; damages; insurance; commencement; clean-up; attorneys’ fees; indemnity; arbitration; warranties; and others.

Two ways to order: a) Immediate Download. Do-it-Yourself, and b) We prepare. After you fill-out a questionnaire, e-mail or fax a copy of your standard contract and our attorney will re-draft according to your specifications and also insert new clauses you desire. Unlimited editing.

(A) Kit for General Contractor—Contract with the Owner (Favoring General)

Price: from $45.00

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(B) Kit for General Contractor—Contract with a Subcontractor (Favoring General).

Price: from $45.00

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(C) Kit for Subcontractor—Contract with the General (Favoring the Sub).

Price: from $45.00

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Attorney Prepared Contracts

A 100% custom prepared contract

A 100% custom prepared contract to your exact specifications by our construction attorney. Tailored to your unique situation. Unlimited revisions. Can be used over and over again in the future.
 

Price: $350.00

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Jumbo Package. All Forms on this Page.

Includes all forms, templates, and packages on this page (except attorney prepared custom demand letters and contracts). $295. Call and we will arrange the sending of a CD or email the forms (800) 995-9434. Or, we can prepare a custom package–mix and match.

Free Memo of Conversations Kit

The #1 way to prevent disputes and stop someone from changing their mind or denying what was agreed upon. This is so crucial, we offer the Kit free with the purchase of any form. Call (800) 995-9434, or e-mail us at info@NationalLienLaw.com. All four forms will be e-mailed back to you. The Kit contains:

Memo of Verbal Conversation
Confirm what was said in a phone or in-person conversation. Great to “nail down” requests for extra work. Mail or e-mail it to substantiate any understandings.

Memo of Informal Meeting
Same as above, as to an informal in-person meeting, usually at the job site.

General Memo.
General or multi-purpose memo used for almost any purpose.

Reply Memo
If you get a letter or memo from someone and disagree as to its statements.