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The Illinois Final Waiver of Lien form plays a crucial role in construction and contracting transactions. This document serves as a formal declaration by contractors, subcontractors, and suppliers that they have received full payment for their work and materials provided on a specific project. By signing this waiver, the undersigned relinquishes any right to file a lien against the property in question, thus providing assurance to property owners and lenders that no further claims will arise from unpaid work. The form requires essential details, such as the name of the contractor, the amount received, and a description of the work performed. It also includes a section for an affidavit, where the contractor swears that all waivers are genuine and that no outstanding claims exist against the project. This comprehensive approach not only protects the interests of the property owner but also clarifies the financial obligations of all parties involved. Understanding the nuances of this form is vital for anyone engaged in construction projects in Illinois, ensuring compliance with state laws while fostering trust among contractors and clients.

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FINAL WAIVER OF LIEN

STATE OF ILLINOIS

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Gty # _____________________

COUNTY OF _____________________________

Escrow # _____________________

TO WHOM IT MAY CONCERN:

WHEREAS the undersigned has been employed by ____________________________________________________________________

to furnish _____________________________________________________________________________________________________

for the premises known as ________________________________________________________________________________________

of which ___________________________________________________________________________________________ is the owner.

THE undersigned, for and in consideration of _________________________________________________________________

($__________________________) Dollars, and other good and valuable considerations, the receipt whereof is hereby acknowledged,

do(es) hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of Illinois, relating to mechanics’ liens, with respect to and on said above-described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on the moneys, funds or other considerations due or to become due from the owner, on account of all labor, services, material, fixtures, apparatus or machinery, heretofore furnished, or which may be furnished at any time hereafter, by the undersigned for the above-described premises, INCLUDING EXTRAS.*

DATE ____________________________ COMPANY NAME ________________________________________________________

ADDRESS ________________________________________________________________

SIGNATURE AND TITLE _______________________________________________________________

* EXTRAS INLCUDE BUT ARE NOT LIMITED TO CHANGE ORDERS, BOTH ORAL AND WRITTEN, TO THE CONTRACT.

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STATE OF ILLINOIS

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CONTRACTOR’S AFFIDAVIT

COUNTY OF _____________________________

TO WHOM IT MAY CONCERN:

 

 

THE UNDERSIGNED, (NAME) ____________________________________________ BEING DULY SWORN, DEPOSES

AND SAYS THAT HE OR SHE IS (POSITION) __________________________________________________________________ OF

(COMPANY NAME) _______________________________________________________________________________ WHO IS THE

CONTRACTOR FURNISHING __________________________________________________________ WORK ON THE BUILDING

LOCATED AT ________________________________________________________________________________________________

OWNED BY __________________________________________________________________________________________________

That the total amount of the contract including extras* is $______________________________ on which he or she has received

payment of $ __________________________ prior to this payment. That all waivers are true, correct and genuine and delivered

unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names and addresses of all parties who have furnished material or labor, or both, for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each, and that the items mentioned include all labor and material required to complete said work according to plans and specifications:

NAMES AND ADDRESSES

WHAT FOR

CONTRACT PRICE INCLDG EXTRAS*

AMOUNT

PAID

THIS

PAYMENT

BALANCE

DUE

TOTAL LABOR AND MATERIAL INCLUDING EXTRAS* TO COMPLETE

That there are no other contacts for said work outstanding, and that there is nothing due or to become due to any person for material, labor or other work of any kind done or to be done upon or in connection with said work other than above stated.

DATE ___________________________ SIGNATURE _______________________________________________________

SUBSCRIBED AND SWORN TO BEFORE ME THIS _______________ DAY OF ___________________________,________,

*EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE

ORDERS, BOTH ORAL AND WRITTEN, TO THE CONTRACT.

________________________________________________

NOTARY PUBLIC

Copyright ©2005 Greater Illinois Title Company. All Rights Reserved. http://gitc.com/forms/

Compliments of Greater Illinois Title Company; for Internal and External Use.

Universal Doc Ref: GP_IEF0029-20050804-R1-0

Form Specifications

Fact Name Fact Description
Purpose The Illinois Final Waiver of Lien form is used to release any claims of lien against a property after payment has been made for services or materials provided.
Governing Law This form is governed by the mechanics' lien statutes of the State of Illinois.
Consideration The waiver is executed in exchange for a specified amount of money or other valuable consideration.
Extras Included Extras may include change orders, both oral and written, that are part of the contract.
Affidavit Requirement The form includes an affidavit section where the contractor verifies the payment status and the validity of waivers.
Signature Requirement The form must be signed by the contractor or authorized representative to be valid.
Notary Public The contractor's signature must be notarized to ensure authenticity and legal standing.
Property Identification The form requires detailed information about the property, including its address and owner.
Payment Tracking The form tracks payments made and balances due, ensuring clarity on financial obligations related to the work performed.

Illinois Final Waiver Of Lien: Usage Guidelines

After completing the Illinois Final Waiver of Lien form, you will need to ensure that all information is accurate and properly signed. This form serves to formally release any claims related to mechanics' liens on a property. Follow the steps below to fill out the form correctly.

  1. Header Information: Fill in the state and county at the top of the form. Include the property’s escrow number and the contractor’s identification number.
  2. Contractor Information: Enter the name of the contractor or company that has been employed. Provide a description of the work or materials provided.
  3. Property Details: Specify the address of the property where the work was performed. Identify the property owner’s name.
  4. Consideration Amount: State the amount received for the work performed. Write the dollar amount in both words and numerals.
  5. Date: Write the date on which the waiver is being signed.
  6. Company Name and Address: Fill in the name of the company and its address. Ensure this information is current.
  7. Signature and Title: The authorized person should sign the form and include their title.
  8. Affidavit Section: If applicable, the contractor must complete the affidavit section. Include the contractor's name, position, and company name.
  9. Contract Amount: State the total contract amount, including any extras. Mention any payments already received.
  10. List of Parties: Provide the names and addresses of all parties involved in the project, along with the contract price and amounts paid.
  11. Final Verification: Confirm that there are no outstanding contracts or payments due to any other parties.
  12. Notary Section: The form must be signed in front of a notary public. Ensure the notary section is completed and signed.

Your Questions, Answered

What is the Illinois Final Waiver of Lien form?

The Illinois Final Waiver of Lien form is a legal document used by contractors and subcontractors to relinquish their right to file a lien against a property after they have received payment for their services. This form ensures that the property owner is protected from any future claims related to unpaid labor or materials supplied for a construction project.

Who should use the Illinois Final Waiver of Lien form?

This form is typically used by contractors, subcontractors, suppliers, and laborers who have provided services or materials for a construction project in Illinois. It is essential for anyone who wishes to confirm that they have been paid in full and are waiving their right to claim a lien on the property.

When should the form be completed?

The form should be completed and signed when the contractor or subcontractor has received the final payment for their work on a project. It is important to ensure that all payments have been made before signing the waiver to avoid any future disputes regarding outstanding payments.

What information is required on the form?

Key information required includes the name of the contractor, the property owner, a description of the work performed, the total amount of the contract, and the amount received prior to signing the waiver. Additionally, the form requires the names and addresses of all parties involved in the project, along with details of any outstanding balances.

Is the waiver effective immediately after signing?

Yes, once the Illinois Final Waiver of Lien form is signed and delivered, it is effective immediately. This means that the contractor or subcontractor waives their right to file a lien on the property for the work completed, provided they have received the agreed-upon payment.

What are "extras" in the context of this form?

“Extras” refer to any additional work or materials that were not included in the original contract but were necessary for the completion of the project. This can include change orders, both oral and written. It is crucial to specify any extras in the waiver to ensure that all aspects of the work are covered.

Does this form protect the property owner?

Yes, the Illinois Final Waiver of Lien form provides protection to the property owner by confirming that all contractors and subcontractors have been paid for their work. By signing this waiver, the undersigned relinquishes any future claims related to unpaid work, thereby safeguarding the owner from potential legal issues.

What happens if the form is not used?

If the Illinois Final Waiver of Lien form is not used, contractors or subcontractors retain the right to file a lien against the property for unpaid work. This can lead to legal complications for the property owner, including potential delays in property sales or refinances due to outstanding claims.

Can the form be modified?

While the core elements of the Illinois Final Waiver of Lien form should remain intact to ensure its legal validity, specific details can be modified to fit the circumstances of the project. However, it is advisable to consult with a legal professional before making significant changes to ensure compliance with Illinois law.

Common mistakes

  1. Incomplete Information: Failing to fill out all required fields can lead to delays or rejections. Ensure that the company name, address, and specific details about the project are fully completed.

  2. Incorrect Dollar Amount: Entering the wrong payment amount can create confusion and potential disputes. Double-check the total amount of the contract and any payments received to ensure accuracy.

  3. Missing Signatures: Not signing the form or omitting the title can render the waiver invalid. Always ensure that the appropriate person signs and includes their title to confirm authority.

  4. Neglecting to Include Extras: Forgetting to account for extras, such as change orders, can lead to financial losses. Be sure to list any additional work or materials provided beyond the original contract.

  5. Not Notarizing the Document: Failing to have the document notarized can invalidate the waiver. Ensure a notary public witnesses the signature to confirm authenticity.

Documents used along the form

The Illinois Final Waiver of Lien form is an important document used in construction and contracting. It signifies that a contractor or subcontractor has been paid and waives any future claims against the property for work done. However, it often accompanies several other forms to ensure all parties are protected and informed. Below is a list of commonly used documents alongside the Illinois Final Waiver of Lien.

  • Contractor’s Affidavit: This document is a sworn statement by the contractor affirming that they have received payment for their work. It lists all parties involved and confirms that no other claims exist against the project.
  • Preliminary Notice: Before starting work, this notice informs property owners and lenders that a contractor or subcontractor will be providing services. It helps establish a legal right to file a lien if payment is not received.
  • Notice of Intent to Lien: This document is sent to the property owner before filing a lien. It serves as a final warning that a lien will be placed if payment is not made, allowing for resolution before legal action.
  • Mechanics Lien: If payment issues arise, this legal claim can be filed against the property. It secures the contractor's right to payment and can lead to foreclosure if not resolved.
  • Change Order: This document outlines any modifications to the original contract, including changes in scope, materials, or pricing. It ensures that all parties agree on the adjustments made during the project.
  • Final Invoice: The final invoice details all charges incurred for the project, including any extras. It serves as a formal request for the remaining balance due upon completion of the work.
  • Release of Lien: After receiving payment, this document is filed to officially remove any previously filed lien on the property. It confirms that the contractor has no further claims against the property.
  • Subcontractor Waiver: Similar to the Final Waiver of Lien, this document is used by subcontractors to waive their right to file a lien against the property after receiving payment for their services.

Each of these documents plays a crucial role in protecting the rights of those involved in construction projects. Understanding them can help ensure smooth transactions and prevent disputes over payments. Always consider consulting with a legal professional when dealing with these forms to ensure compliance and protection of your interests.

Similar forms

The Illinois Final Waiver of Lien form serves as a critical document in the construction and real estate industries. Several other documents share similarities with this form, particularly in their purpose of waiving or releasing claims related to construction work or materials. Below is a list of ten documents that are similar to the Illinois Final Waiver of Lien form:

  • Partial Waiver of Lien: This document allows a contractor or subcontractor to waive their lien rights for a specific portion of the work completed, while retaining rights for any remaining unpaid amounts.
  • Conditional Waiver of Lien: This waiver is contingent upon the receipt of payment. It releases lien rights only if payment is actually made, providing some protection to the contractor.
  • Unconditional Waiver of Lien: This form permanently waives the right to file a lien once payment is received. It provides assurance to property owners that no further claims will arise from the contractor.
  • Mechanics Lien: This document allows contractors or suppliers to claim a lien against a property for unpaid work or materials. It is the opposite of a waiver, serving to secure payment rather than release claims.
  • Notice of Intent to Lien: This document informs property owners of the contractor's intention to file a lien if payment is not received. It serves as a preliminary warning before taking further action.
  • Release of Lien: Similar to a waiver, this document formally releases a previously filed lien against a property, often after payment has been received.
  • Contractor's Affidavit: This affidavit verifies that all parties involved have been paid for their work and materials. It is often required before final payment is made to ensure there are no outstanding claims.
  • Subcontractor's Waiver: This document is specifically for subcontractors to waive their lien rights against the property owner, ensuring that the primary contractor has cleared all claims.
  • Final Payment Application: This document outlines the final payment due for completed work. It often includes waivers and releases as part of the payment process.
  • Change Order: While not a waiver, a change order modifies the original contract to include additional work or materials. It may involve waivers to ensure all parties agree on the changes and payment terms.

Dos and Don'ts

When completing the Illinois Final Waiver of Lien form, it is crucial to follow specific guidelines to ensure accuracy and compliance. Here are six important dos and don'ts to keep in mind:

  • Do fill in all required fields accurately, including the names, addresses, and amounts.
  • Do ensure that the total contract amount, including any extras, is clearly stated.
  • Do sign the form in the appropriate section to validate the waiver.
  • Do have the form notarized to add an extra layer of authenticity.
  • Don't leave any sections blank; incomplete forms may lead to legal issues.
  • Don't forget to double-check the spelling of names and addresses to avoid confusion.

Misconceptions

  • Final Waiver of Lien is Always Irrevocable: Many believe that once a final waiver is signed, it cannot be undone. While it does release claims, it may not prevent future disputes if new work or materials are provided without proper agreements.
  • It Only Applies to Contractors: Some think that only general contractors can use this form. In reality, subcontractors and suppliers can also benefit from waivers, as they help protect their rights to payment.
  • Signing Means You Have Been Paid in Full: A common misconception is that signing the waiver indicates full payment has been received. However, it may only reflect a specific payment, and further amounts could still be owed.
  • All Liens Are Automatically Waived: Many assume that signing this document waives all potential liens. In truth, it only waives claims related to the specific project and period outlined in the waiver.
  • Waivers Are Only for Finished Projects: Some believe that these waivers are only applicable once a project is complete. However, they can be used at various stages of a project, especially when partial payments are made.

Key takeaways

Filling out and using the Illinois Final Waiver of Lien form is an essential step for contractors and suppliers in the construction industry. Here are some key takeaways to keep in mind:

  • Purpose of the Form: This form serves to waive any lien rights against a property after receiving payment for services or materials provided. It protects both the contractor and the property owner.
  • Accurate Information: Ensure that all fields, such as the property owner's name, the contractor's name, and the amount paid, are filled out correctly. Inaccuracies can lead to legal complications.
  • Extras Included: Remember that the term "extras" refers to any additional work or changes made to the original contract. These should be clearly documented in the form.
  • Signature Requirement: The form must be signed by the contractor or authorized representative. This signature confirms the waiver of lien rights.
  • Notary Public: Having the form notarized adds an extra layer of authenticity. It verifies that the signature is genuine and that the individual signing the form is who they claim to be.
  • Retain Copies: Always keep a copy of the completed waiver for your records. This can be useful for future reference or in case of disputes.

By following these guidelines, you can ensure that the Illinois Final Waiver of Lien form is filled out correctly and serves its intended purpose effectively.