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The Illinois Final Waiver of Lien form is an important document used in the construction and contracting industry. It serves to protect property owners and contractors by ensuring that all parties involved in a project are paid for their work. This form allows contractors and subcontractors to waive their rights to file a lien against a property once they have received payment for their services. By doing so, they confirm that they have been compensated for all labor, materials, and any extras related to the project. The form includes essential details such as the contractor’s name, the property in question, and the amount paid. Additionally, it requires a notarized affidavit from the contractor, affirming that all claims related to the work have been settled. This step is crucial for maintaining transparency and trust among all parties involved. Overall, the Illinois Final Waiver of Lien form is a key tool for ensuring that construction projects proceed smoothly and that all financial obligations are met.

Common mistakes

  1. Incomplete Information: Failing to provide all necessary details can lead to issues. Essential fields, such as the contractor's name, company name, and property address, must be filled out completely. Omissions can render the waiver invalid.

  2. Incorrect Dollar Amount: Entering the wrong amount for the payment received or the total contract value can create confusion. It is crucial to double-check these figures to ensure they match the actual amounts agreed upon.

  3. Missing Signatures: The form must be signed by the appropriate parties. If the signature of the contractor or a notary is missing, the waiver may not be legally binding. Always ensure that all required signatures are present.

  4. Neglecting to Include Extras: Failing to mention any change orders or additional work can lead to disputes. It is important to include all extras, as they can affect the overall contract price and the validity of the waiver.

Preview - Illinois Final Waiver Of Lien Form

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.

-------------------------------------------------------------------------------------------------------------------------------------------------------------------

STATE OF ILLINOIS

} SS

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 transaction. These documents help clarify obligations, payments, and rights related to construction projects. Below is a list of commonly used forms and documents that often accompany the waiver.

  • Contractor's Affidavit: This document verifies the contractor's identity and confirms that all payments have been made to subcontractors and suppliers. It ensures that no liens will be filed against the property.
  • Notice of Intent to Lien: This is a preliminary notice sent to property owners to inform them of the contractor's intent to file a lien if payment is not received. It serves as a warning and helps protect the contractor's rights.
  • Mechanic's Lien: If payment disputes arise, this document allows contractors and suppliers to claim a legal right to the property until they are paid for their work. It is a powerful tool for securing payment.
  • Change Order: This form documents any modifications to the original contract, including changes in scope, price, or timeline. It ensures that all parties agree to the new terms.
  • Final Invoice: This document details the total amount due for the project, including any extras or change orders. It serves as a formal request for payment at the project's conclusion.
  • Subcontractor Waiver of Lien: Similar to the Final Waiver of Lien, this document is used by subcontractors to release their lien rights upon receiving payment. It protects the property owner from future claims.
  • Payment Application: This form is submitted by the contractor to request payment for completed work. It outlines the work done and the amount owed, facilitating the payment process.
  • Certificate of Insurance: This document provides proof of insurance coverage for the contractor and subcontractors. It protects all parties from potential liabilities during the project.
  • Project Completion Statement: This statement confirms that the project has been completed according to the contract terms. It may be required for final payments and to close out the project.
  • Mobile Home Bill of Sale: This document facilitates the legal transfer of ownership of a mobile home between parties, serving as essential proof of the transaction. It includes vital details about the mobile home and the involved parties, ensuring clarity and protection for both the buyer and seller. For a template, you can refer to the Mobile Home Bill of Sale.
  • Release of Liability: This form protects the property owner from future claims related to the work performed. It releases the contractor from any further obligations once payment is made.

Using these documents in conjunction with the Illinois Final Waiver of Lien form can help ensure that all parties are protected and that the project proceeds without complications. Always consider consulting a legal professional for guidance tailored to your specific situation.

Similar forms

The Illinois Final Waiver of Lien form is similar to the California Final Waiver of Lien. Both documents serve the purpose of releasing any claims or liens against a property once payment has been received. In California, the waiver must be signed by the contractor or subcontractor and includes a statement that the signer has been paid in full. Like the Illinois form, it protects property owners from future claims related to unpaid work or materials, ensuring a clear title for the property.

Another document comparable to the Illinois Final Waiver of Lien is the New York Conditional Waiver of Lien. This waiver allows a contractor to release their lien rights conditionally, meaning it is effective only upon receipt of payment. Both forms aim to ensure that property owners are not liable for additional claims after payment, but the New York form adds a layer of protection by making the waiver contingent on actual payment being made.

The Texas Final Waiver of Lien shares similarities with the Illinois form as well. It is used by contractors to confirm that they have received payment for their services and waive any future lien rights on the property. The Texas version also emphasizes the importance of documenting payment to ensure that all parties are protected from claims related to unpaid labor or materials, much like the Illinois waiver.

In the context of vehicle transactions, understanding the legal documents involved is vital, much like the Illinois Final Waiver of Lien and other lien-related forms. For those in North Carolina, the North Carolina Motor Vehicle Bill of Sale serves a similar purpose, as it is crucial for registering and titling a vehicle. This document ensures that both parties are clear about the specifics of the sale, including vehicle details and sale price. For more information on this essential form, visit https://autobillofsaleform.com/north-carolina-motor-vehicle-bill-of-sale-form/.

The Florida Final Waiver of Lien is another document that mirrors the Illinois Final Waiver of Lien. In Florida, this waiver serves to release any lien rights once payment is made. It is crucial for contractors and property owners to use this form to prevent disputes over unpaid work. The Florida waiver, like its Illinois counterpart, helps maintain clear ownership of the property by eliminating potential claims.

The Michigan Waiver of Lien is also similar to the Illinois form in its function. It is designed to protect property owners by ensuring that contractors waive their rights to file a lien after receiving payment. The Michigan version can be either conditional or unconditional, providing flexibility similar to the Illinois waiver. Both documents aim to prevent future claims against the property, thereby safeguarding the owner's interests.

In addition, the Ohio Final Waiver of Lien serves a similar purpose. It allows contractors to confirm that they have been paid for their work and waives their rights to file a lien on the property. This form is critical in Ohio to protect property owners from unexpected claims. Like the Illinois waiver, it helps maintain a clear title and ensures that all parties are aware of their rights and obligations.

The Pennsylvania Waiver of Lien is another document that aligns closely with the Illinois Final Waiver of Lien. It is used to release any claims against a property once payment has been made. This waiver is essential for contractors to confirm they have received their due compensation, thereby preventing any future disputes over unpaid labor or materials. Both forms serve to protect property owners by eliminating potential claims against their property.

The Washington State Lien Waiver shares similarities with the Illinois form as well. It is used to confirm that a contractor has received payment and waives any rights to file a lien against the property. This document is vital for ensuring that property owners are not subjected to claims after payment has been made. The Washington waiver, like the Illinois version, helps provide clarity and security in property transactions.

Lastly, the Virginia Waiver of Lien is comparable to the Illinois Final Waiver of Lien. It is used to release lien rights after payment is received, ensuring that contractors cannot file claims against the property in the future. This form is essential for protecting property owners from unexpected financial liabilities. Both the Virginia and Illinois waivers serve to clarify the financial obligations between contractors and property owners, promoting transparency in property transactions.

Dos and Don'ts

When filling out the Illinois Final Waiver of Lien form, it’s essential to approach the process with care. Here’s a list of things to do and avoid to ensure accuracy and compliance.

  • Do provide complete and accurate information about the contracting parties.
  • Do specify the amount received clearly to avoid confusion.
  • Do include details about any extras, such as change orders, to ensure all work is accounted for.
  • Do sign and date the form in the appropriate sections.
  • Do ensure that the form is notarized to validate the waiver.
  • Don't leave any sections blank; incomplete forms can lead to legal issues.
  • Don't use vague language; be specific about the work performed and materials provided.
  • Don't submit the form without reviewing it for accuracy and completeness.
  • Don't forget to keep a copy of the signed waiver for your records.
  • Don't overlook the importance of understanding the implications of waiving your lien rights.

By following these guidelines, you can navigate the process of completing the Illinois Final Waiver of Lien form with greater confidence and clarity.

Key takeaways

When dealing with the Illinois Final Waiver of Lien form, there are several important points to keep in mind to ensure proper completion and use.

  • Purpose of the Form: This form serves as a legal document that waives any lien rights against a property after payment has been received for work performed.
  • Accurate Information: It is crucial to fill in all required fields accurately, including the names of the parties involved, the property address, and the amount paid.
  • Consideration Received: The form must specify the amount received in exchange for waiving lien rights. This amount should be clearly stated in both words and numbers.
  • Extras: Be aware that the term "extras" includes any change orders, whether verbal or written. These should be accounted for in the contract amount.
  • Affidavit Requirement: The contractor's affidavit section must be completed and sworn to before a notary public, confirming the accuracy of the information provided.
  • Finality: Once the waiver is signed and delivered, it is a final release of lien rights, meaning no further claims can be made for the work covered.
  • Record Keeping: Keep a copy of the completed waiver for your records. This can be useful for future reference or in case of disputes.

Understanding these key takeaways will help ensure that the Illinois Final Waiver of Lien form is filled out correctly and used effectively.

How to Use Illinois Final Waiver Of Lien

Once you have gathered the necessary information, it's important to fill out the Illinois Final Waiver Of Lien form accurately. This document must be completed carefully to ensure that all relevant details are included. Follow the steps below to fill out the form correctly.

  1. Begin by entering the City where the work was performed in the first blank line under "STATE OF ILLINOIS."
  2. Next, fill in the County name in the second blank line.
  3. Enter the Escrow Number in the third blank line.
  4. In the section that starts with "WHEREAS," write the name of the employer who hired you.
  5. Next, specify the services or materials you provided in the blank space following "to furnish."
  6. Fill in the address of the premises where the work was done in the next blank line.
  7. Identify the owner of the premises in the following line.
  8. In the next blank, indicate the amount you are waiving, followed by the dollar amount in parentheses.
  9. Write the date of completion in the space provided.
  10. Enter your company name in the appropriate line.
  11. Provide your address in the next line.
  12. Finally, sign the form and include your title beneath your signature.

After completing the form, ensure that all information is accurate. The next steps will involve notarizing the document and submitting it as required. Make sure to keep a copy for your records.