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The Chicago Title Waiver Format form serves as a crucial document in real estate transactions, particularly in the context of construction and renovation projects. This form is designed to protect property owners from potential mechanics' liens by ensuring that contractors, subcontractors, and suppliers waive their rights to claim a lien against the property for unpaid work or materials. It includes essential details such as the company name, the specific property address, and the total contract amount, including any extras that may arise during the project. By signing this form, the undersigned acknowledges receipt of payment and confirms that all claims related to labor and materials provided to the property have been settled. The form also requires a contractor's affidavit, which verifies the legitimacy of the waivers and discloses any outstanding obligations to other parties involved in the project. This not only facilitates a smoother transaction but also minimizes legal disputes that could arise from unpaid services. Ultimately, the Chicago Title Waiver Format form plays a vital role in ensuring transparency and accountability in the construction process, providing peace of mind for all parties involved.

Dos and Don'ts

When filling out the Chicago Title Waiver Format form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of things to do and avoid during the process.

  • Do read the entire form carefully before starting.
  • Do provide accurate company and contact information.
  • Do clearly state the premises and owner’s name.
  • Do specify the amount being waived in dollars.
  • Do ensure all signatures are obtained where required.
  • Do include any extras or change orders related to the contract.
  • Do keep a copy of the completed form for your records.
  • Don't leave any sections blank unless specifically instructed.
  • Don't use abbreviations that may cause confusion.
  • Don't submit the form without verifying all information is correct.

By adhering to these guidelines, the process of completing the Chicago Title Waiver Format form can be more efficient and effective.

Document Attributes

Fact Name Description
Purpose The Chicago Title Waiver Format form is used to waive any lien rights related to construction work performed on a property in Illinois.
Governing Law This form operates under the mechanics' lien statutes of the State of Illinois, which govern the rights of contractors and suppliers in construction projects.
Consideration The undersigned must acknowledge receipt of a specific amount of money or other valuable consideration for the waiver to be valid.
Extras Definition Extras refer to additional work or changes that may not be part of the original contract. This includes both oral and written change orders.
Affidavit Requirement The form includes an affidavit section where the contractor confirms the accuracy of the waiver and provides details about payments received.
Notary Public The form must be signed in the presence of a notary public to ensure its authenticity and validity.

Key takeaways

Here are key takeaways for filling out and using the Chicago Title Waiver Format form:

  • Accurate Information: Ensure that all fields are filled out accurately, including company name, address, and contract details.
  • Consideration Amount: Clearly state the amount of consideration received. This is crucial for the waiver's validity.
  • Liens Waived: Understand that by signing, you are waiving any claims to a lien on the property for the work completed.
  • Extras Definition: Be aware that "extras" include change orders, both oral and written, which must be documented.
  • Contractor's Affidavit: Complete the contractor's affidavit section to confirm the validity of waivers and payment status.
  • Payment Tracking: Keep a record of all payments made and outstanding balances to ensure accuracy in the form.
  • Notary Requirement: The form must be notarized to be legally binding. Ensure you have a notary present when signing.
  • Final Review: Review the entire form before submission to ensure all information is complete and correct.

Example - Chicago Title Waiver Format Form

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

Detailed Instructions for Writing Chicago Title Waiver Format

Filling out the Chicago Title Waiver Format form requires careful attention to detail. Ensure that all information is accurate and complete before submission. Follow these steps to fill out the form correctly.

  1. Company Name: Write the name of the company that is waiving the lien.
  2. Waiver of Lien to Date: Enter the date the waiver is being executed.
  3. State and County: Fill in the state (Illinois) and the county where the work was performed.
  4. Escrow Number: Provide the relevant escrow number associated with the project.
  5. To Whom It May Concern: Leave this section as is; it is a standard opening line.
  6. Owner's Name: Enter the name of the property owner.
  7. Premises Address: Write the full address of the premises where the work was done.
  8. Consideration Amount: State the dollar amount being received for the work performed.
  9. Date: Enter the date of the signing.
  10. Address: Provide the address of the undersigned party.
  11. Signature and Title: The undersigned must sign and print their title below the signature.
  12. Contractor’s Affidavit Section: Complete the contractor’s affidavit, including the name, position, and company name of the individual signing.
  13. Building Location: Fill in the address of the building where the work was performed.
  14. Total Contract Amount: State the total amount of the contract, including any extras.
  15. Payment Received: Enter the amount already received prior to this payment.
  16. Names and Addresses: List all parties who have provided labor or materials, along with the amounts due to each.
  17. Signature: The undersigned must sign the affidavit, confirming all statements are true.
  18. Notary Section: Leave space for the notary public to sign and date the document.

After completing the form, review it for accuracy. Ensure all required sections are filled out and signatures are obtained. Once finalized, submit the form as instructed for processing.

Documents used along the form

When engaging in construction or renovation projects, various forms and documents may accompany the Chicago Title Waiver Format form to ensure all parties are protected and informed. Each document serves a specific purpose, helping to clarify obligations and rights regarding payments, liens, and work performed. Below is a list of commonly used documents that often accompany the waiver.

  • Contractor’s Affidavit: This document is a sworn statement from the contractor affirming that they have received payments and that all waivers are genuine. It lists all parties involved in the project, detailing amounts due and confirming that there are no outstanding claims against the work performed.
  • Operating Agreement: An essential document for LLCs, the Operating Agreement delineates the rights and responsibilities of members, helping to mitigate conflicts. For a template, you can refer to Texas Forms Online.
  • Mechanics’ Lien Waiver: A formal document where a contractor, subcontractor, or supplier relinquishes their right to file a lien against a property. This waiver is often conditional upon receiving payment and ensures that the property owner is free from potential claims related to unpaid work.
  • Change Order: This document outlines modifications to the original construction contract. It details any changes in scope, materials, or costs, ensuring that all parties agree on the adjustments and their financial implications.
  • Payment Application: A request submitted by the contractor to the property owner or general contractor for payment based on work completed. This application typically includes details about the work done, costs incurred, and any retainage held.
  • Subcontractor Agreements: Contracts between the primary contractor and subcontractors that outline the terms of work to be performed. These agreements specify duties, payment schedules, and timelines, ensuring clarity among all parties involved.
  • Release of Lien: A document that formally releases a lien previously filed against a property once payment has been made. This ensures that the property title is clear and free from claims, allowing for future transactions without complications.
  • Final Waiver of Lien: This is a comprehensive waiver signed at the end of a project, confirming that all payments have been made and that the contractor or subcontractor waives any future claims against the property. It serves as a final assurance for the property owner that all obligations have been fulfilled.

Understanding these documents can significantly enhance the transparency and security of construction transactions. Each serves to protect the interests of both property owners and contractors, fostering a smoother project execution and minimizing potential disputes.