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The Chicago Title Waiver Format form serves as a crucial document in the construction and real estate industries, providing a clear framework for waiving mechanics' liens in the state of Illinois. This form is typically utilized by contractors and subcontractors to formally relinquish their right to file a lien against a property in exchange for payment. It outlines essential details, including the company name, property location, and the amount of payment received, ensuring all parties are aware of their rights and obligations. By completing this form, the undersigned acknowledges receipt of payment and affirms that they have no outstanding claims related to the labor or materials provided for the project. Additionally, the form requires a contractor’s affidavit, which verifies the accuracy of the waivers and lists all parties involved in the project, along with any payments made. This comprehensive approach not only protects the contractor’s interests but also provides security for property owners, ensuring that all financial obligations have been met before work is completed. The inclusion of provisions for extras, such as change orders, further emphasizes the need for transparency in financial transactions related to construction projects.

Key takeaways

Understanding the Chicago Title Waiver Format form is crucial for anyone involved in construction or real estate transactions. Here are six key takeaways to keep in mind:

  • Purpose of the Waiver: The form serves to waive any lien rights that a contractor or subcontractor might have against a property. This protects the property owner from potential claims related to unpaid work or materials.
  • Accurate Information: Ensure that all fields, including the company name, property address, and amounts, are filled out accurately. Mistakes can lead to complications or invalid waivers.
  • Consideration: The waiver is executed in exchange for a specified amount of money. Clearly state the amount received to avoid disputes over payment.
  • Inclusion of Extras: The waiver must specify that it includes "extras," which encompass any change orders, whether verbal or written. This ensures that all additional work is covered under the waiver.
  • Contractor’s Affidavit: The form includes an affidavit that must be completed by the contractor. This affidavit affirms that all waivers are genuine and that no additional claims exist.
  • Notary Requirement: The completed form must be notarized to be legally binding. This adds a layer of verification to the document, ensuring its authenticity.

By keeping these takeaways in mind, individuals can navigate the complexities of the Chicago Title Waiver Format form with greater confidence and clarity.

Dos and Don'ts

When filling out the Chicago Title Waiver Format form, there are important dos and don’ts to keep in mind. Here’s a helpful list:

  • Do ensure that all fields are completed accurately, including company name and contract details.
  • Do double-check the amounts entered for contract price and payments received.
  • Do provide clear and legible signatures where required.
  • Do include all relevant parties who have contributed labor or materials.
  • Don’t leave any sections blank; incomplete forms may be rejected.
  • Don’t forget to acknowledge any extras that might affect the total contract amount.
  • Don’t submit the form without having it notarized if required.

Following these guidelines will help ensure that the form is processed smoothly and without delays.

Documents used along the form

The Chicago Title Waiver Format form is a crucial document in real estate transactions, particularly in Illinois. It serves to protect property owners from potential lien claims by contractors or subcontractors. However, this form is often accompanied by several other important documents that help clarify responsibilities and ensure compliance with legal requirements. Here’s a brief overview of ten such documents commonly used alongside the Chicago Title Waiver.

  • Contractor’s Affidavit: This document is a sworn statement from the contractor, confirming the total contract amount and detailing payments received. It also lists all parties involved in the project and ensures that all waivers are valid and genuine.
  • Mechanics Lien Waiver: A specific type of waiver that releases a contractor's right to file a lien against a property for unpaid work. It is often required to ensure that all parties are compensated before final payments are made.
  • Change Order: A document that modifies the original construction contract, detailing any changes in scope, cost, or timeline. It ensures that all parties are aware of adjustments to the project.
  • Final Payment Application: This form is submitted by the contractor to request final payment for completed work. It typically includes a summary of the work done and any remaining balances.
  • Dog Bill of Sale: This form is used to formally document the transfer of ownership of a dog. For more information, visit pdftemplates.info/.
  • Notice of Intent to Lien: A formal notification sent to property owners and other interested parties, informing them of a contractor’s intention to file a lien if payment issues arise. This document serves as a warning and can encourage timely payment.
  • Subcontractor Waiver: Similar to the primary waiver, this document is specifically for subcontractors, ensuring that they relinquish any claims to the property for work performed under a larger contract.
  • Certificate of Insurance: This document verifies that the contractor holds the necessary insurance coverage for the project, protecting both the contractor and the property owner from potential liabilities.
  • Project Schedule: A timeline outlining the phases of construction, including start and completion dates. This document helps keep all parties informed about project progress and deadlines.
  • Release of Lien: This document is issued after payment is made, confirming that the contractor or subcontractor relinquishes any claim to the property for the work completed.
  • Payment Bond: A guarantee that the contractor will pay subcontractors and suppliers for their work. This bond protects the property owner from potential lien claims if the contractor fails to make payments.

In summary, these documents collectively enhance the clarity and security of real estate transactions. They help ensure that all parties are informed, protected, and held accountable, which is vital in maintaining trust and integrity in the construction process.

Things to Know About This Form

What is the Chicago Title Waiver Format form?

The Chicago Title Waiver Format form is a legal document used in the state of Illinois. It serves to waive any mechanics' lien rights that a contractor or subcontractor may have against a property. By signing this form, the undersigned acknowledges receipt of payment and agrees to release any claims related to labor, materials, or services provided for a specific project.

Who should use this form?

This form is typically used by contractors, subcontractors, or suppliers who have provided labor or materials for a construction project. If you are involved in a construction project in Illinois and have received payment, you may need to use this form to formally waive your lien rights.

What information is required to complete the form?

To complete the Chicago Title Waiver Format form, you will need to provide the following information:

  • Your company name and address
  • The name of the property owner
  • The address of the property
  • The total amount of the contract, including any extras
  • The amount you have been paid prior to this payment
  • The balance due
  • Names and addresses of all parties who have provided labor or materials

What are "extras" in the context of this form?

"Extras" refer to any additional work or materials that were not included in the original contract. This can include change orders, both oral and written. It is important to account for these extras in the total contract amount when completing the form.

What does it mean to waive a lien?

Waiving a lien means that you are giving up your legal right to claim a lien against the property for unpaid work or materials. By signing the waiver, you acknowledge that you have been compensated for your services and that you will not pursue any claims against the property owner for that specific project.

Is notarization required for this form?

Yes, notarization is required for the Chicago Title Waiver Format form. The contractor must sign the document in the presence of a notary public. This adds a layer of authenticity and ensures that the signatures are valid.

What happens if I do not use this form?

If you do not use the Chicago Title Waiver Format form, you may retain your lien rights. This means that if you are not paid for your work, you could potentially file a lien against the property. However, it is important to understand that retaining lien rights may complicate future payments and relationships with property owners.

Where can I obtain the Chicago Title Waiver Format form?

The Chicago Title Waiver Format form can typically be obtained from your attorney, title company, or directly from the Chicago Title Insurance Company. It is essential to ensure that you are using the most current version of the form to comply with Illinois law.

Preview - 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

Document Specifics

Fact Name Description
Company Name The form requires the name of the company providing the waiver.
Governing Law This waiver is governed by the laws of the State of Illinois.
Purpose The form is used to waive any lien claims related to work performed on a property.
Consideration The undersigned acknowledges receipt of a specified dollar amount as consideration for the waiver.
Extras Definition Extras include change orders, both oral and written, related to the contract.
Contractor's Affidavit The form includes a section for a contractor's affidavit confirming the validity of the waivers.
Signature Requirement The form must be signed and dated by the undersigned and a notary public.
Payment Details It requires details about the total contract amount, payments received, and any balance due.

How to Fill Out Chicago Title Waiver Format

Completing the Chicago Title Waiver Format form requires attention to detail and accuracy. Ensure you have all necessary information before starting. Follow these steps carefully to fill out the form correctly.

  1. Begin by entering the Company Name at the top of the form.
  2. Fill in the Waiver of Lien to Date section with the appropriate date.
  3. Specify the State and County in which the property is located.
  4. Provide the Escrow Number if applicable.
  5. In the section labeled TO WHOM IT MAY CONCERN, write the name of the entity or individual who has employed you.
  6. Indicate the premises known as by providing the property address.
  7. List the owner of the property in the designated area.
  8. State the consideration amount in dollars for the waiver.
  9. Sign and date the form, including your address and title.
  10. Complete the Contractor’s Affidavit section by entering your name, position, and company name.
  11. Fill in the building location and the owner details.
  12. State the total amount of the contract and how much has been received prior to this payment.
  13. List all parties who have furnished material or labor, including their names and addresses.
  14. Provide the contract price including extras, amount paid, and balance due for each listed party.
  15. Confirm that there are no outstanding contracts for the work and that all information provided is accurate.
  16. Sign the affidavit and include the date.
  17. Have the affidavit subscribed and sworn to before a notary public, and ensure the notary's information is included.

After completing the form, ensure all sections are filled out accurately. Double-check for any missing information before submitting it to the relevant parties. Timely submission is crucial to avoid any potential issues related to the waiver.