Acme Brick, a Div. of Justin Indus., Inc. v. Temple Assoc
In Acme Brick, a Div. of Justin Indus., Inc. v. Temple Assoc., 816 S.W.2d 440, 441 (Tex. App.--Waco 1991, writ denied), the claimant sent an otherwise correct notice with the affiant's signature in the wrong place on the sworn statement.
The document contained a notice of claim, factual statement that the claims were just and correct, the signature of the affiant, and the notary's certification of the statement with a seal. Id.
The court held that the document did qualify as an affidavit, but stated, "Moreover, even if the statement was not an affidavit, the McGregor Act requires only substantial compliance with its notice provisions. . . . We find the notices sent by Acme to the prime contractor and surety substantially complied with the notice provisions of the McGregor Act." Id.