The Chicago Title Waiver Format form is a legal document used in the state of Illinois to waive and release any claims or liens related to construction work performed on a property. This form ensures that contractors and subcontractors receive payment while protecting property owners from potential claims. Understanding its components is essential for all parties involved in a construction project.
The Chicago Title Waiver Format form serves as a crucial document in the realm of construction and real estate transactions in Illinois. It facilitates the waiver of lien rights by contractors, subcontractors, and suppliers, ensuring that all parties involved understand their rights and obligations. This form includes essential details such as the company name, the project location, and the owner of the premises. It outlines the consideration received for the work performed and explicitly states the waiver of any claims or liens against the property. Furthermore, the document requires a contractor’s affidavit, which confirms that all payments have been made and that there are no outstanding claims related to the project. The affidavit also lists all parties who have provided labor or materials, ensuring transparency in financial dealings. By addressing potential issues before they arise, the Chicago Title Waiver Format form protects both the contractor and the property owner, fostering a smoother transaction process.
WAIVER OF LIEN TO DATE
S STATE OF ILLINOIS
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, furnished to this date by the undersigned for the above-described premises,
INCLUDING EXTRAS.* DATE
ADDRESS
SIGNATURE AND TITLE _______________________________________________________________________________
*EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS, BOTH ORAL AND WRITTEN, TO THE CONTRACT
CONTRACTOR’S AFFIDAVIT
STATE OF ILLINOIS
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 contracts 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
f.1722 R5/96
Provided by Chicago Title Insurance Company
When engaging in construction projects, various forms and documents are essential to ensure that all parties are protected and that the project runs smoothly. Among these documents, the Chicago Title Waiver Format form plays a crucial role in waiving lien rights. However, it is often accompanied by other important documents that serve different purposes in the construction process. Below is a list of some commonly used forms alongside the Chicago Title Waiver Format.
Understanding these documents is vital for anyone involved in construction projects. They help ensure that all parties are aware of their rights and responsibilities, thereby minimizing disputes and facilitating smoother transactions. Familiarity with these forms can lead to better project management and successful outcomes.
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When dealing with the Chicago Title Waiver Format form, it’s essential to understand its purpose and how to fill it out correctly. Here are some key takeaways to keep in mind:
By following these guidelines, you can navigate the process of using the Chicago Title Waiver Format form with confidence and clarity.
The Chicago Title Waiver Format form is used to waive any lien rights under Illinois law related to mechanics' liens. This form is typically completed by contractors or subcontractors who have provided labor or materials for a construction project. By signing this form, they acknowledge receipt of payment and release any claims against the property.
This form must be completed by contractors or subcontractors who have performed work or provided materials for a construction project. It ensures that they waive their rights to file a lien on the property for the work completed to date.
The form requires several key pieces of information, including:
Extras refer to additional work or materials that were not included in the original contract. This can include change orders, whether they are oral or written. The form acknowledges that these extras are part of the total contract amount.
Yes, the form must be notarized. The contractor or subcontractor must sign the form in the presence of a notary public, who will then validate the signature and provide a notary seal.
If the form is not completed, the contractor or subcontractor retains the right to file a mechanics' lien against the property for unpaid labor or materials. This could result in legal complications for both the contractor and the property owner.
No, the Chicago Title Waiver Format form is specific to a single project. Each project requires its own waiver to ensure that all claims related to that particular project are properly addressed.
Once completed and notarized, the form should be submitted to the property owner or the party responsible for payment. It is advisable to keep a copy for your records.
The form can be obtained from the Chicago Title Insurance Company or through legal document providers. It may also be available at local government offices that handle property transactions.
Understanding the Chicago Title Waiver Format form is crucial for those involved in real estate transactions. However, several misconceptions can lead to confusion. Here are ten common misunderstandings about this form:
Clarifying these misconceptions can help ensure that all parties involved in a real estate transaction understand their rights and responsibilities when using the Chicago Title Waiver Format form.