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The Illinois Sworn Statement form plays a crucial role in construction projects, serving as a formal declaration from contractors and subcontractors regarding their work and payments. This document is essential for ensuring transparency between all parties involved, including the owner and the title company. It details the contractor's relationship with the owner and outlines the specific improvements being made on the property. The form requires the contractor to list all individuals or entities that have provided labor or materials for the project, along with the amounts owed to each. Additionally, it includes a summary of the total contract amount, work completed to date, and any extras or adjustments that may affect payment. A key feature of the form is its requirement for the contractor to agree to furnish Waivers of Lien upon demand, providing further assurance to the owner that all obligations will be met. By obtaining this sworn statement before each payment, owners can safeguard their interests and ensure that all parties are compensated fairly and promptly.

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GREATER ILLINOIS TITLE COMPANY

SWORN STATEMENT OF CONTRACTOR AND SUBCONTRACTOR

TO OWNER AND TO GREATER ILLINOIS TITLE COMPANY

STATE OF ILLINOIS

} ss.

COUNTY OF _________________________

Page___________ of ___________ Pages

The affiant, _____________________________________________________________________________ being first duly sworn, on oath deposes

and says that he is _______________________________________________________________________________________________________

of _________________________________________________________________________________________________that ___________ has

contract with __________________________________________________________________________________ , owner ______________ for

______________________________________________________________________________________________________________________

on the following described premises in said County, to wit:________________________________________________________________________

That, for the purposes of said contract, the following persons have been contracted with, and have furnished, or are furnishing and preparing materials for, and have done or are doing labor on said improvement. That there is due and to become due them, respectively, the amounts set opposite their names for materials or labor as stated. That this statement is a full, true and complete statement of all such persons, the amounts paid

and the amounts due or to become due to each.

 

 

 

 

 

 

1

2

3

4

5

6

7

 

 

 

Amount of

Retention

Net of Previous

Net Amount

Balance To

 

Name and Address

Kind of Work

Become Due

 

Contract

(inc. Current)

Payments

This Payment

 

 

 

(Inc. Retentions)

 

 

 

 

 

 

 

TOTAL

 

 

 

 

AMOUNT OF ORIGINAL CONTRACT

$ ___________________ WORK COMPLETED TO DATE

$ ___________________

EXTRAS TO CONTRACT

$ ___________________

LESS ____________% RETAINED

$ ___________________

NET AMOUNT EARNED

$ ___________________

TOTAL CONTRACT AND EXTRAS

$ ___________________

 

 

 

NET PREVIOUSLY PAID

$ ___________________

CREDITS TO CONTRACT

$ ___________________

NET AMOUNT OF THIS PAYMENT

$ ___________________

ADJUSTED TOTAL CONTRACT

$ ___________________

BALANCE TO BECOME DUE (Inc. Retention) $ ___________________

 

 

It is understood that the total amount paid to date plus the amount requested in this application shall not exceed _______% of the cost of work

completed to date.

I agree to furnish Waivers of Lien for all materials under my contract when demanded.

SIGNED ______________________________________________ POSITION _____________________________________________________

Subscribed and sworn to before me this __________________________ day of ______________________ , ____________

SEAL:

_____________________________________________________________

Notary Public

The above sworn statement should be obtained by the owner before each and every payment.

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_IEF0027-20050804-R1-0

Form Specifications

Fact Name Details
Purpose The Illinois Sworn Statement form is used by contractors and subcontractors to provide a detailed account of payments due for labor and materials related to a construction project.
Governing Law This form is governed by the Illinois Mechanics Lien Act (770 ILCS 60), which outlines the rights of contractors and subcontractors regarding payment for services rendered.
Affiant Requirement The individual completing the form must be sworn in, affirming their authority and knowledge of the contract and the parties involved.
Payment Documentation The form requires detailed documentation of amounts due, including retention amounts, net amounts earned, and previous payments made.
Waivers of Lien Contractors must agree to furnish Waivers of Lien for all materials under their contract upon request, ensuring that no liens are placed on the property.
Notary Requirement The form must be signed and notarized, providing legal verification of the affiant's statements and ensuring authenticity.

Illinois Sworn Statement: Usage Guidelines

Completing the Illinois Sworn Statement form is a straightforward process. This document is typically used to provide a detailed account of payments due to contractors and subcontractors involved in a construction project. After filling out the form, it will need to be signed in the presence of a notary public to ensure its validity.

  1. Begin by entering the county where the project is taking place in the designated space.
  2. Fill in the affiant's name at the top of the form.
  3. State the position of the affiant in the company.
  4. Provide the name of the company that the affiant represents.
  5. Identify the owner of the project by writing their name in the appropriate space.
  6. Describe the nature of the work being performed in the space provided.
  7. List the names and addresses of all persons contracted, along with the kind of work they are doing.
  8. Next to each name, indicate the amount due for materials or labor.
  9. Fill in the total amount of the original contract and the work completed to date.
  10. Include any extras to the contract that have been agreed upon.
  11. Calculate the amount retained and subtract it from the total to find the net amount earned.
  12. Complete the remaining sections, including credits to the contract and the balance to become due.
  13. Sign the form where indicated, confirming the information is accurate.
  14. Have the form notarized by a notary public on the specified date.

Your Questions, Answered

What is the Illinois Sworn Statement form?

The Illinois Sworn Statement form is a document used by contractors and subcontractors to declare the amounts owed to them for labor and materials provided on a construction project. It ensures transparency between the contractor, subcontractors, and the property owner regarding payments and outstanding balances.

Who needs to complete the Illinois Sworn Statement?

The contractor and any subcontractors involved in a project must complete this form. It is essential for those who want to receive payment for their work and materials supplied. The form must be filled out accurately to reflect all amounts due.

When should the Illinois Sworn Statement be submitted?

This statement should be obtained by the property owner before each payment is made to the contractor. It serves as a safeguard to ensure that all parties are informed about the financial obligations related to the project.

What information is required on the form?

The form requires details such as the names and addresses of contractors and subcontractors, the kind of work performed, amounts due, and any previous payments made. It also includes the total contract amount, work completed to date, and any retained amounts.

What happens if the form is not completed correctly?

If the form is not filled out accurately, it may delay payments or create disputes between the parties involved. It is crucial to ensure that all information is complete and correct to avoid complications.

Is a notary public required for the Illinois Sworn Statement?

Yes, the form must be signed in the presence of a notary public. This step verifies the identity of the affiant and confirms that the statement was made under oath, adding an extra layer of authenticity to the document.

What are Waivers of Lien, and why are they mentioned?

Waivers of Lien are documents that contractors and subcontractors provide to confirm that they have been paid for their work. The Illinois Sworn Statement includes a commitment to furnish these waivers upon request, ensuring that the owner is protected from any future claims related to unpaid labor or materials.

Where can I find the Illinois Sworn Statement form?

The Illinois Sworn Statement form can typically be obtained from title companies, legal offices, or online resources. The Greater Illinois Title Company provides this form for internal and external use, and it can be accessed through their website.

Common mistakes

  1. Incomplete Information: One of the most common mistakes is failing to fill in all required fields. Each section of the form is crucial for establishing a clear understanding of the contractual obligations and payment details. Leaving blanks can lead to delays or disputes.

  2. Incorrect Amounts: Entering inaccurate financial figures can create significant issues. Double-check the amounts for retention, previous payments, and the total contract value to ensure they reflect the actual financial situation.

  3. Omitting Signatures: A signature is not merely a formality; it validates the statement. Forgetting to sign the document or having an unauthorized person sign it can render the statement invalid.

  4. Failure to Notarize: The form must be notarized to be legally binding. Skipping this step can jeopardize the document's effectiveness and may lead to complications in payment processing.

  5. Neglecting to Update Information: If there are any changes in the project, such as new subcontractors or alterations in the scope of work, these must be accurately reflected in the statement. Failing to do so can mislead parties involved.

  6. Ignoring Waivers of Lien: The statement requires a commitment to furnish Waivers of Lien upon request. Neglecting this obligation can create trust issues and may lead to legal complications regarding payment and materials.

Documents used along the form

The Illinois Sworn Statement form is an essential document in construction contracts, ensuring transparency regarding payments to contractors and subcontractors. Several other forms and documents are often used alongside it to facilitate the contracting process and protect the interests of all parties involved.

  • Waiver of Lien: This document is used to relinquish a contractor's or subcontractor's right to file a lien against a property for unpaid work. It assures the property owner that once payment is made, no claims will be made against the property for that payment.
  • Contractor's Affidavit: This affidavit certifies that the contractor has fulfilled all obligations under the contract, including paying all subcontractors and suppliers. It provides an added layer of assurance to the owner regarding the contractor's compliance.
  • Change Order: A change order is a written agreement that modifies the original contract. It outlines any changes in scope, costs, or timelines and must be agreed upon by both the contractor and the owner to be valid.
  • Payment Application: This document is submitted by the contractor to request payment for work completed. It details the amounts due, including any retainage, and serves as a formal request for payment based on the progress of the project.

These documents work in tandem with the Illinois Sworn Statement form to create a comprehensive framework for managing construction contracts, ensuring that all parties are informed and protected throughout the project lifecycle.

Similar forms

The Illinois Sworn Statement form is an important document used in construction contracts. It serves to confirm the payment status of contractors and subcontractors. There are several other documents that share similarities with the Illinois Sworn Statement form. Here are four such documents:

  • Affidavit of Payment: This document is used to verify that all subcontractors and suppliers have been paid for their work on a project. Like the Illinois Sworn Statement, it provides a detailed account of payments made and amounts due, ensuring transparency in financial transactions.
  • Mechanic's Lien Waiver: This document is often required in construction projects to waive the right to file a lien against the property. Similar to the Sworn Statement, it confirms that the contractor has received payment for services rendered, protecting the owner from potential claims.
  • Change Order: A change order outlines modifications to the original construction contract. It is similar to the Illinois Sworn Statement in that it documents agreed-upon changes and their financial implications, ensuring all parties are aware of adjustments to the project scope and costs.
  • Construction Payment Application: This document is submitted by contractors to request payment for work completed. Like the Sworn Statement, it details the work performed, the amounts due, and any retainage, providing a clear picture of the project's financial status.

Dos and Don'ts

When filling out the Illinois Sworn Statement form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do.

  • Do read the entire form carefully before starting.
  • Do provide accurate and complete information for all required fields.
  • Do clearly state the names and addresses of all contractors and subcontractors.
  • Do double-check the amounts listed for payments due and completed work.
  • Do sign and date the form in the appropriate section.
  • Don't leave any fields blank; fill in all necessary information.
  • Don't use abbreviations that may confuse the reader.
  • Don't forget to include the total amount of the original contract.
  • Don't submit the form without obtaining the required notarization.
  • Don't provide false or misleading information, as this could lead to legal issues.

By following these guidelines, you can ensure that your Illinois Sworn Statement form is completed correctly and efficiently.

Misconceptions

Misconceptions about the Illinois Sworn Statement form can lead to confusion and potential issues in construction projects. Below are eight common misconceptions along with clarifications to enhance understanding.

  • It is only necessary for contractors. The form must be completed by both contractors and subcontractors. It provides a comprehensive overview of all parties involved in the project.
  • It is optional to submit the form. Submitting the sworn statement is a requirement before each payment is made. This ensures transparency regarding who has been paid and who is still owed money.
  • All amounts listed are final. The amounts indicated on the form are subject to change. Adjustments may occur based on additional work or changes in contract terms.
  • It guarantees payment to all listed parties. While the sworn statement provides a record of amounts owed, it does not guarantee payment. It is crucial for all parties to ensure they have received their due amounts.
  • Only the owner needs to keep a copy. All parties involved should retain a copy of the sworn statement for their records. This helps in resolving any disputes that may arise later.
  • It does not need to be notarized. The sworn statement must be notarized to be valid. This adds a layer of authenticity and trust to the document.
  • It is the same as a lien waiver. Although related, the sworn statement is distinct from a lien waiver. The sworn statement outlines amounts owed, while a lien waiver relinquishes the right to file a lien for unpaid amounts.
  • It can be completed after work begins. The sworn statement should be completed and submitted before any payments are made. This practice helps maintain financial accountability from the start of the project.

Understanding these misconceptions can facilitate smoother transactions and foster a more cooperative environment among all parties involved in construction projects.

Key takeaways

Here are some key takeaways about filling out and using the Illinois Sworn Statement form:

  • Purpose: This form serves to provide a sworn statement from contractors and subcontractors to the owner and the title company.
  • Affiant Information: The person completing the form must provide their name and position, confirming their authority to act on behalf of the contracting party.
  • Contract Details: Clearly state the contract details, including the name of the owner and the specific project description.
  • Payment Breakdown: List all individuals or companies contracted for the project, including the amounts due for labor and materials.
  • Retention Amounts: Specify any retention amounts being held back, as well as the net amount earned to date.
  • Waivers of Lien: Be prepared to provide Waivers of Lien for materials when requested by the owner.
  • Notarization: The form must be signed in front of a notary public to be valid.
  • Owner's Responsibility: Owners should obtain this sworn statement before making any payments to ensure all parties are properly compensated.