Free Chicago Title Waiver Format PDF Form

Free Chicago Title Waiver Format PDF Form

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.

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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.

Chicago Title Waiver Format Sample

COMPANY NAME

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

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 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

Documents used along the form

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.

  • Contractor's Affidavit: This document is a sworn statement from the contractor affirming that they have received payment for work done and that all waivers are accurate. It includes details about the total contract amount, payments received, and any outstanding balances.
  • Notice of Intent to Lien: This notice is sent to the property owner to inform them that a lien may be placed on the property if payment is not received. It serves as a warning and can prompt timely payment.
  • Mechanics Lien: This legal claim is filed by contractors or suppliers against a property when payment for services or materials is not made. It secures the right to payment from the property's value.
  • Change Order: A change order is a document that outlines modifications to the original construction contract, such as changes in scope, price adjustments, or timeline alterations. It must be agreed upon by all parties involved.
  • Subcontractor Agreement: This agreement establishes the terms between a contractor and a subcontractor, detailing the scope of work, payment terms, and responsibilities for the subcontractor's role in the project.
  • Certificate of Insurance: This document proves that a contractor or subcontractor has the necessary insurance coverage for the project. It protects all parties from potential liabilities arising from accidents or damages.
  • Payment Application: A payment application is submitted by contractors to request payment for work completed. It typically includes a breakdown of work done, materials used, and the total amount due.
  • Arizona University Application Form: This is a crucial document for undergraduate admissions and includes important details, such as a request for a waiver of the application fee for Arizona residents. For more information, visit https://azformsonline.com/arizona-university-application.
  • Final Waiver of Lien: This document is provided by contractors or subcontractors upon final payment. It confirms that all lien rights have been waived and that the contractor has been fully compensated for their work.

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.

Key takeaways

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:

  • Understand the Purpose: This form serves to waive any lien rights against a property for work completed. It’s crucial for contractors and subcontractors to ensure they are paid before waiving these rights.
  • Accurate Information is Key: Fill in all required fields accurately, including the company name, property address, and payment amounts. Any errors could lead to complications in the future.
  • Extras Matter: Be aware that "extras" such as change orders must be included in the total contract amount. This ensures that all work performed is accounted for in the waiver.
  • Legal Validity: The form must be signed and notarized to be legally binding. This adds an extra layer of protection for all parties involved, confirming that the waiver is genuine and unconditional.

By following these guidelines, you can navigate the process of using the Chicago Title Waiver Format form with confidence and clarity.

Form Overview

Fact Name Description
Purpose of the Waiver The Chicago Title Waiver Format form is designed to release any claims or liens against a property by a contractor or subcontractor, ensuring that the property owner is free from financial encumbrances related to unpaid work or materials.
Governing Law This form is governed by the statutes of the State of Illinois, specifically those related to mechanics' liens, which protect the rights of contractors and suppliers in the construction industry.
Consideration The waiver is executed in exchange for a specified amount of money or other valuable considerations, which must be acknowledged by the undersigned party.
Inclusion of Extras The form explicitly includes 'extras,' which refer to any change orders—both oral and written—that may affect the contract price and scope of work.
Affidavit Requirement The contractor must provide an affidavit confirming the accuracy of the waivers and detailing all parties involved in the project, along with the amounts due, ensuring transparency and accountability.

Frequently Asked Questions

  1. What is the purpose of the Chicago Title Waiver Format form?

    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.

  2. Who needs to complete this form?

    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.

  3. What information is required on the form?

    The form requires several key pieces of information, including:

    • Company name
    • Property address
    • Amount paid
    • Total contract amount
    • Names and addresses of all parties who have furnished labor or materials
  4. What are "extras" as mentioned in the form?

    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.

  5. Is notarization required for this form?

    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.

  6. What happens if the form is not completed?

    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.

  7. Can this form be used for multiple projects?

    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.

  8. What should be done with the completed form?

    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.

  9. Where can I obtain a copy of the Chicago Title Waiver Format form?

    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.

Misconceptions

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:

  1. It's only for contractors. Many believe that only contractors need to use this form. In reality, anyone providing labor or materials for a property can benefit from it.
  2. It eliminates all liens. Some think that signing this waiver removes all potential liens forever. The waiver only pertains to the specific work and materials described in the document.
  3. It's the same as a lien release. A waiver is not the same as a lien release. A waiver is a promise not to file a lien, while a release confirms that a lien has already been filed and is now removed.
  4. It guarantees payment. Signing the waiver does not guarantee that payment will be received. It simply waives the right to file a lien for the work completed.
  5. It's only valid in Illinois. While this form is designed for use in Illinois, similar waivers exist in other states, but they may have different requirements.
  6. All extras must be documented in writing. Although written change orders are preferred, oral agreements can also be included as long as they are clearly stated in the waiver.
  7. You can't modify the form. Some believe the form must be used exactly as provided. However, it can be tailored to fit specific circumstances, as long as the essential elements are preserved.
  8. It's only for residential properties. This waiver is applicable to both residential and commercial properties, making it versatile for various real estate projects.
  9. Once signed, it's final and unchangeable. Many think that once the waiver is signed, it cannot be altered. In fact, parties can negotiate terms before signing.
  10. Notarization is optional. Some individuals believe notarization is not necessary. However, having the document notarized adds a layer of authenticity and is often required for legal purposes.

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.