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.
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.
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.
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
CONTRACTOR’S AFFIDAVIT
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
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.
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.
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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:
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.
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.
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.
To complete the form, you will need the following information:
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.
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.
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.
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.
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.
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.
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 about the Illinois Final Waiver of Lien form can lead to confusion and potential legal issues. Here are five common misconceptions:
Understanding these misconceptions can help individuals navigate the complexities of construction law in Illinois more effectively.