Illinois Final Waiver Of Lien Template Modify Form

Illinois Final Waiver Of Lien Template

The Illinois Final Waiver of Lien form is a legal document used to formally relinquish any claims or liens on a property after payment has been received for services rendered. This form is essential for contractors and subcontractors, as it helps ensure that all parties involved in a construction project are clear about the payment status and any outstanding obligations. Completing this form accurately can protect both the contractor and the property owner from future disputes regarding payments.

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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 and subcontractors receive proper payment for their work while protecting property owners from potential claims. This form is typically used when a contractor has completed a project and wants to confirm that they have been paid in full, thereby waiving any future lien rights against the property. It includes essential details such as the contractor's name, the property location, and the total amount of the contract, including any extras, which might arise from change orders or additional work. By signing this form, the contractor acknowledges receipt of payment and agrees to release any claims to lien rights on the property, thereby providing peace of mind to the property owner. Additionally, the form requires a contractor's affidavit, which confirms the accuracy of the payment information and the absence of any outstanding claims. This dual-layered approach not only safeguards the interests of the contractor but also reassures the property owner that they are clear of any financial encumbrances related to the work performed.

Instructions on How to Fill Out Illinois Final Waiver Of Lien

After completing the Illinois Final Waiver of Lien form, it is essential to ensure that all information is accurate and that it is signed properly. This form serves as a formal declaration that all claims against the property have been settled. Follow the steps below to fill out the form correctly.

  1. Begin by entering the County where the work was performed in the designated space.
  2. Fill in the Escrow Number if applicable.
  3. In the first blank line, write the name of the employer or contractor who hired you.
  4. In the next blank line, specify the services or materials you provided.
  5. Next, enter the address of the premises where the work was completed.
  6. In the following blank line, write the name of the property owner.
  7. Indicate the amount paid in the space provided. This is the total payment you received.
  8. Write the date on which you are completing this form.
  9. Fill in your company name and address.
  10. Sign the form and include your title beneath your signature.
  11. In the second part, enter your name and position in the company.
  12. Provide the company name again and the work you performed.
  13. Fill in the location of the building where the work was done.
  14. State the total amount of the contract, including any extras.
  15. Indicate the amount you have received prior to this payment.
  16. List the names and addresses of all parties involved in the work, along with the amounts due.
  17. Sign the form again, and ensure you have the date of signing.
  18. Finally, have the document notarized by a notary public.

Key takeaways

The Illinois Final Waiver of Lien form is a critical document used in construction and contracting. Understanding its components and implications is essential for all parties involved.

  • Purpose of the Form: The form serves to waive any lien rights against a property in exchange for payment. This is essential for ensuring that contractors and subcontractors receive their due compensation.
  • Parties Involved: The form must be filled out by the contractor or subcontractor who has provided labor or materials for a specific project.
  • Detailed Description: It is crucial to provide a clear description of the work performed and the property involved to avoid any ambiguity.
  • Consideration for Waiver: The amount received in exchange for the waiver must be specified. This amount reflects the payment for services rendered.
  • Extras Inclusion: The form includes a section for "extras," which refers to any additional work or change orders that may not have been part of the original contract.
  • Affidavit Requirement: A contractor’s affidavit must accompany the waiver, affirming that all payments and waivers are accurate and complete.
  • Notarization: The signature on the form must be notarized, adding a layer of authenticity and legal validity to the document.
  • Finality of the Waiver: Once executed, the waiver releases all claims against the property for the specified work, making it a definitive statement of payment and satisfaction.
  • Legal Implications: It is important to understand that signing this waiver may eliminate the right to file a mechanics' lien in the future for the work covered by the waiver.

Proper completion and understanding of the Illinois Final Waiver of Lien form can help prevent disputes and ensure that all parties are aware of their rights and obligations regarding payment and lien rights.

Documents used along the form

The Illinois Final Waiver of Lien form is an essential document in the construction industry, particularly when it comes to ensuring that all parties involved are paid for their work. However, this form often accompanies other important documents that help clarify the financial and legal relationships between contractors, subcontractors, and property owners. Below are some common forms and documents that are frequently used alongside the Illinois Final Waiver of Lien.

  • Contractor’s Affidavit: This document serves as a sworn statement from the contractor, confirming the total amount of the contract, including any extras, and detailing the payments received. It assures that all waivers are genuine and that there are no outstanding claims against the project.
  • Subcontractor Waiver of Lien: Similar to the Final Waiver of Lien, this form is used by subcontractors to waive their right to file a lien against the property. It provides assurance to the property owner that all subcontractors have been paid for their work.
  • Partial Waiver of Lien: This document allows a contractor or subcontractor to waive their lien rights for a specific payment while retaining their rights for future work. It’s useful when payments are made in stages throughout a project.
  • Change Order: A change order outlines any modifications to the original contract, including changes in scope, materials, or costs. It’s essential for maintaining clarity and agreement between all parties involved.
  • Payment Application: This form is typically submitted by contractors to request payment for work completed. It details the work done, the amount due, and often includes supporting documentation to justify the payment request.
  • Notice of Intent to Lien: This document serves as a warning to property owners that a lien may be filed if payment is not received. It’s a way to formally notify the owner of the potential legal action, prompting them to address any outstanding payments.

Each of these documents plays a crucial role in the construction process, helping to ensure that all parties are on the same page regarding payments and responsibilities. Understanding these forms can help prevent misunderstandings and protect the rights of everyone involved in a construction project.

Sample - 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

Dos and Don'ts

When filling out the Illinois Final Waiver of Lien form, it’s important to follow certain guidelines to ensure accuracy and compliance. Here’s a list of what to do and what to avoid:

  • Do fill in all required fields completely and accurately.
  • Do double-check the spelling of names and addresses.
  • Do ensure that the dollar amounts are correct and clearly stated.
  • Do sign and date the form in the appropriate sections.
  • Do provide a detailed description of the work or materials supplied.
  • Don't leave any fields blank unless they are not applicable.
  • Don't use vague language; be specific about the services or materials.
  • Don't forget to include any extras that may affect the total amount.
  • Don't submit the form without a notary signature if required.