Free Illinois Final Waiver Of Lien PDF Form

Free Illinois Final Waiver Of Lien PDF Form

The Illinois Final Waiver of Lien form serves as a legal document that releases any claims to a lien on a property by contractors or subcontractors upon receipt of payment. This form is essential for ensuring that all parties involved in a construction project are protected from future claims once payment has been made. By signing this waiver, the undersigned acknowledges that they have been compensated and relinquishes any rights to assert a lien against the property in question.

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The Illinois Final Waiver of Lien form serves as a crucial document in the construction and real estate industries, ensuring that contractors, subcontractors, and suppliers formally relinquish their right to place a lien on a property upon receipt of payment. This waiver is particularly significant as it protects property owners from future claims related to unpaid labor or materials, thereby providing peace of mind as they finalize transactions. The form includes essential details such as the names of the parties involved, the specific work performed, and the total contract amount, including any extras or change orders. By signing this document, the undersigned acknowledges receipt of a specified payment and confirms that all waivers are genuine and without any outstanding claims. Additionally, the form requires a contractor's affidavit, which affirms the validity of the waivers and outlines any remaining balances owed to other parties involved in the project. This comprehensive structure not only facilitates transparency in financial dealings but also reinforces trust among all parties engaged in the construction process.

Illinois Final Waiver Of Lien Sample

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

Documents used along the form

When working with the Illinois Final Waiver of Lien form, several other documents may be necessary to ensure a smooth process. Each of these forms serves a specific purpose, often related to confirming payments, verifying the completion of work, or ensuring compliance with state laws. Below is a list of commonly used forms alongside the Illinois Final Waiver of Lien.

  • Contractor's Affidavit: This document is a sworn statement from the contractor, confirming the total contract amount, payments received, and that all waivers are genuine. It also lists all parties involved in providing labor or materials for the project.
  • Preliminary Notice: Issued at the beginning of a project, this notice informs the property owner and other stakeholders that a contractor or subcontractor is working on the property, which helps protect their right to file a lien later if necessary.
  • Notice of Intent to Lien: This document is sent to the property owner before filing a lien. It serves as a warning that a lien may be filed if payment is not received, providing the owner with an opportunity to settle the outstanding balance.
  • Mechanics Lien: If payment issues arise, this formal claim against the property can be filed by contractors or suppliers to secure payment for work performed or materials supplied. It creates a legal right to the property until the debt is satisfied.
  • Change Order: This document outlines any modifications to the original contract, including changes in scope, price, or timelines. It ensures all parties agree to the new terms and helps prevent disputes later on.
  • Final Payment Application: This form is submitted by the contractor to request the final payment upon project completion. It typically includes details of work completed and any remaining balances owed.
  • Certificate of Substantial Completion: This document indicates that the project is sufficiently complete according to the contract. It allows the owner to occupy the space while final touches are made, and it may trigger the release of final payments.
  • Release of Lien: After payment is made, this document formally releases any claims against the property. It ensures that the property is free of any liens associated with the contractor or subcontractor.
  • Divorce Settlement Agreement: A vital document that outlines the terms of a divorce, including asset division and responsibilities, ensuring clarity and mutual agreement. More details can be found at https://coloradoforms.com/.
  • Owner's Affidavit: This affidavit is often provided by the property owner to confirm that all contractors and subcontractors have been paid in full. It can be crucial for ensuring a clear title and avoiding future disputes.

Understanding these documents and their purposes can facilitate better communication and transparency among all parties involved in a construction project. Proper documentation not only protects the rights of contractors and suppliers but also ensures that property owners are informed and safeguarded against potential claims.

Key takeaways

When dealing with the Illinois Final Waiver of Lien form, understanding its components and requirements is crucial. Here are ten key takeaways to keep in mind:

  • Purpose: This form is designed to release any claims or liens against a property after payment has been received for services or materials provided.
  • Proper Completion: Ensure that all sections of the form are filled out accurately, including the names of the parties involved and the specific work done.
  • Consideration: Clearly state the amount paid in exchange for waiving the lien. This should reflect the total payment received.
  • Owner Information: Provide the correct name of the property owner. This helps to avoid confusion regarding which property the waiver pertains to.
  • Extras: Be aware that "extras" include change orders, whether oral or written. These should be accounted for in the total contract amount.
  • Affidavit Requirement: The contractor must sign an affidavit confirming the accuracy of the information provided in the waiver.
  • Notarization: The signature of the contractor must be notarized to ensure its validity. This adds a layer of legal protection.
  • Finality: Once the waiver is signed and notarized, it serves as a final release of lien. This means no further claims can be made regarding the work covered.
  • Record Keeping: Keep a copy of the completed waiver for your records. This is important for future reference and potential disputes.
  • Legal Compliance: Ensure that the form complies with Illinois state laws regarding mechanics' liens to avoid any legal issues.

By following these guidelines, you can effectively navigate the process of using the Illinois Final Waiver of Lien form and protect your rights in construction and contracting matters.

Form Overview

Fact Name Description
Purpose The Illinois Final Waiver of Lien form is used to waive any lien rights for work performed or materials supplied on a construction project.
Governing Law This form is governed by the Illinois Mechanics Lien Act, which outlines the rights and obligations of contractors and subcontractors in relation to lien claims.
Consideration The form requires a statement of consideration, which is the amount paid or to be paid for the work done or materials supplied.
Extras Inclusion It explicitly includes extras, such as change orders, in the waiver, ensuring all additional work is accounted for.
Affidavit Requirement The contractor must provide an affidavit confirming that all waivers are genuine and that no other claims exist against the project.
Notary Public The form must be signed in front of a notary public, adding a layer of verification and authenticity to the document.

Frequently Asked Questions

  1. What is the Illinois Final Waiver of Lien form?

    The Illinois Final Waiver of Lien form is a document used to release any claims or liens a contractor or subcontractor may have against a property. This waiver confirms that the contractor has received payment and waives any future claims for work done or materials supplied.

  2. Who needs to use this form?

    This form is typically used by contractors, subcontractors, and suppliers who have provided labor or materials for a construction project in Illinois. It is important for anyone who wants to ensure they have no further claims against the property after receiving payment.

  3. What information is required to complete the form?

    To complete the form, you will need the following information:

    • The name of the contractor or subcontractor.
    • The name and address of the property owner.
    • A description of the work performed or materials supplied.
    • The total contract amount, including any extras.
    • The amount received prior to this waiver.
    • The date of the waiver.
  4. 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. This can include change orders, which may be either oral or written. It's important to account for these when filling out the form.

  5. What happens if I do not use this form?

    If you do not use the Illinois Final Waiver of Lien form after receiving payment, you may still retain the right to file a lien against the property. This could lead to disputes and complications in the future, especially if further payments are not made.

  6. Is this form legally binding?

    Yes, the Illinois Final Waiver of Lien form is a legally binding document once it is signed and notarized. It effectively releases any claims against the property for the work or materials provided.

  7. Do I need a notary public to sign this form?

    Yes, the form must be signed in the presence of a notary public. This adds an extra layer of authenticity and ensures that the document is legally recognized.

  8. Can I revoke a waiver once it is signed?

    Once the waiver is signed and notarized, it cannot be revoked. It is essential to ensure that all information is accurate and that you are ready to release your claims before signing.

  9. How does this form affect future payments?

    By signing the Illinois Final Waiver of Lien form, you acknowledge that you have been paid for the work or materials provided up to that point. It prevents you from claiming any further payments for that specific project unless new agreements are made.

  10. Where can I obtain this form?

    The Illinois Final Waiver of Lien form can typically be obtained from legal document providers, title companies, or online legal resources. Ensure you are using the most current version of the form to comply with Illinois laws.

Misconceptions

Misconceptions about the Illinois Final Waiver of Lien form can lead to confusion and potential legal issues. Here are five common misconceptions:

  • It only applies to contractors. Many believe that only contractors need to use the Illinois Final Waiver of Lien form. In reality, subcontractors, suppliers, and anyone providing labor or materials can also use this form to protect their rights.
  • Signing the waiver means giving up all rights. Some think that by signing the waiver, they relinquish all rights to any claims. However, the waiver only applies to the specific project and payment mentioned in the document. Future claims for other projects remain intact.
  • The waiver is optional. Many assume that the waiver is not necessary. In fact, it is often a requirement for obtaining final payment. Without it, payment may be delayed or denied.
  • All liens are automatically waived. There is a belief that signing the waiver automatically nullifies all liens. This is incorrect. The waiver only applies to the specific amounts and claims stated in the document. Any additional claims or disputes must be addressed separately.
  • It does not require notarization. Some individuals think that notarization is not necessary for the waiver to be valid. However, notarization is typically required to ensure the authenticity of the signatures and the validity of the document.

Understanding these misconceptions can help individuals navigate the complexities of construction law in Illinois more effectively.