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The Illinois Final Waiver of Lien form serves as a critical document in the construction and real estate sectors, ensuring that all parties involved have a clear understanding of their rights and obligations regarding payment for services rendered. This form is used when a contractor or subcontractor has completed work on a property and has received payment, confirming that they waive any future claims or liens against the property for the work performed. The form includes essential details such as the name of the contractor, the property location, and the total contract amount, including any extras, which may encompass change orders or additional work agreed upon. By signing this document, the contractor acknowledges receipt of payment and certifies that all waivers are genuine and complete. It also requires the contractor to disclose any other parties involved in the project, ensuring transparency in the payment process. The notarization of the document adds an extra layer of authenticity, safeguarding the interests of both the contractor and the property owner.
Dos and Don'ts
When filling out the Illinois Final Waiver of Lien form, it is essential to approach the task with care and attention to detail. Below is a list of things to do and not to do to ensure the form is completed correctly.
- Do provide accurate information regarding the contractor and the project.
- Do clearly state the total amount of the contract, including any extras.
- Do ensure that all parties involved in the project are listed with correct names and addresses.
- Do sign and date the form in the designated areas.
- Do acknowledge receipt of payment before submitting the waiver.
- Don't leave any fields blank; incomplete forms can lead to complications.
- Don't forget to include information about any change orders or extras.
- Don't provide false information or misrepresent any details.
- Don't submit the form without having it notarized if required.
- Don't assume that verbal agreements are sufficient; all changes should be documented.
Document Attributes
| Fact Name | Description |
|---|---|
| Purpose | The Illinois Final Waiver of Lien form is used to waive any claims or liens against a property for work completed or materials supplied. |
| Governing Law | This form is governed by the Illinois Mechanics Lien Act, which outlines the rights and responsibilities regarding liens on property. |
| Consideration | The form requires a statement of consideration, which is the amount paid for the work or materials provided. |
| Extras Included | It specifies that "extras" such as change orders, both oral and written, are included in the waiver. |
| Signatures | The form must be signed by the contractor or their authorized representative, confirming the waiver of lien. |
| Notarization | A notary public must witness the signing of the form to validate it legally. |
| Record Keeping | It's essential to keep a copy of the signed waiver for records, as it serves as proof of payment and waiver of lien rights. |
Key takeaways
Here are key takeaways for filling out and using the Illinois Final Waiver of Lien form:
- Understand the Purpose: This form is used to waive any lien rights on a property after receiving payment for work done.
- Identify the Parties: Clearly state the contractor's name, the owner of the property, and the company involved.
- Specify the Work: Describe the work performed or materials provided in detail to avoid ambiguity.
- Payment Amount: Clearly indicate the amount received for the work, ensuring it matches the agreed contract price.
- Extras Clause: Remember that extras, such as change orders, should be included in the total amount.
- Signature Requirement: The form must be signed by the contractor or authorized representative to be valid.
- Notarization: A notary public must witness the signing of the form to ensure its legality.
- Delivery: Provide the completed form to the property owner and any relevant parties to finalize the waiver.
- Keep Copies: Retain copies of the signed waiver for your records and future reference.
- Consult Legal Advice: If unsure about any part of the form or the process, seek legal counsel to avoid potential issues.
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Example - Illinois Final Waiver Of Lien Form
FINAL WAIVER OF LIEN
STATE OF ILLINOIS |
} SS |
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
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:
Detailed Instructions for Writing Illinois Final Waiver Of Lien
Completing the Illinois Final Waiver of Lien form is an important step in ensuring that all parties involved in a construction project are clear about payments and claims. Once you fill out this form accurately, it can help protect you from any future claims related to unpaid work or materials. Below are the steps to guide you through the process of filling out the form.
- Begin by entering the County where the work was performed in the designated space.
- Fill in the Escrow Number if applicable.
- In the first blank line, write the name of the person or company that employed you for the project.
- In the next blank line, describe the work or materials you provided.
- State the address of the premises where the work was performed.
- Identify the owner of the property by filling in their name in the appropriate space.
- In the section regarding consideration, specify the amount you are waiving, followed by the dollar amount in the parentheses.
- Write the date you are completing the form.
- Enter your Company Name in the provided space.
- Fill in your Address.
- Sign the form and include your Title beneath your signature.
After completing these steps, ensure that all information is accurate and legible. This form must be notarized, so you will need to present it to a notary public who will witness your signature and provide their seal. Once notarized, the form can be submitted to the appropriate parties involved in the transaction.
Documents used along the form
The Illinois Final Waiver of Lien form serves as a critical document in construction and contracting processes, ensuring that all parties involved are protected from future claims related to unpaid work or materials. Alongside this form, several other documents are commonly utilized to provide a comprehensive framework for project completion and payment verification. Below is a list of these forms, each playing a significant role in the overall process.
- Contractor’s Affidavit: This document is sworn by the contractor and confirms that all payments have been made for labor and materials provided. It lists all parties involved and ensures that no outstanding claims exist, thereby safeguarding the interests of the property owner.
- Preliminary Notice: This form is often sent to the property owner and other parties before work begins. It informs them that a contractor or subcontractor is involved in the project, establishing a record that may be crucial for lien rights later.
- Notice of Intent to Lien: If payment disputes arise, this notice serves as a warning to the property owner that a lien may be filed if payment is not received. It is a critical step in the lien process, providing the owner an opportunity to settle the matter before further action is taken.
- Motorcycle Bill of Sale: This document is crucial for transferring ownership of a motorcycle and can be found at https://arizonapdfs.com/, ensuring all necessary details are documented for a smooth and legal transfer.
- Mechanics Lien: This legal claim is filed against a property when payment for labor or materials is not made. It secures the contractor's right to seek payment through the property itself, making it a powerful tool for enforcing payment obligations.
- Change Order: This document outlines modifications to the original contract, including adjustments to the scope of work or costs. It ensures that all parties agree to changes and helps maintain clarity throughout the project.
- Final Payment Application: This form is submitted by the contractor to request the final payment upon project completion. It details the work performed and ensures that all contractual obligations have been met before payment is released.
Each of these documents plays a pivotal role in the construction process, helping to clarify obligations, protect rights, and facilitate smooth transactions between all parties involved. Understanding their functions can significantly enhance the management of construction projects and mitigate potential disputes.