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The Illinois Final Waiver of Lien form serves a crucial purpose in construction and contracting transactions, ensuring that all parties involved have a clear understanding of their financial obligations and rights. This form is primarily used by contractors and subcontractors to formally waive their right to file a lien against a property after receiving payment for their work. It includes essential details such as the names of the parties involved, the specific services or materials provided, and the total contract amount, including any extras. By signing this document, the undersigned acknowledges receipt of payment and releases any claims to the property in question. The form also requires an affidavit from the contractor, affirming that all waivers are accurate and that no outstanding claims exist against the property. This dual structure not only protects the property owner but also provides a layer of security for the contractor, ensuring that all financial matters are settled before the completion of the project. Understanding the components and implications of the Illinois Final Waiver of Lien form is vital for anyone engaged in the construction industry in Illinois.

Key takeaways

Filling out and using the Illinois Final Waiver of Lien form is an important step in ensuring that all parties involved in a construction project are protected. Here are some key takeaways to keep in mind:

  • Purpose of the Form: The Illinois Final Waiver of Lien form serves to release any claims or liens against a property once payment has been received for work done.
  • Details Required: Be sure to include all necessary details, such as the name of the contractor, the property address, and the total contract amount, including any extras.
  • Payment Acknowledgment: The form requires you to acknowledge the amount received prior to submitting the waiver. This helps clarify the financial transactions involved.
  • Extras Definition: Understand that "extras" can include change orders, both oral and written. Make sure to account for these in the total contract amount.
  • Accuracy is Key: Ensure that all information provided is accurate and complete. Inaccuracies could lead to disputes or complications later on.
  • Notary Requirement: The form must be notarized to be valid. This adds an extra layer of authenticity and helps prevent fraud.
  • Finality of the Waiver: Once the waiver is executed, it effectively waives any future claims against the property for the work covered. This means you can no longer pursue payment for the same services.

By keeping these points in mind, you can navigate the process of using the Illinois Final Waiver of Lien form more effectively and ensure a smoother transaction for all parties involved.

Dos and Don'ts

When filling out the Illinois Final Waiver of Lien form, it's important to follow specific guidelines to ensure the document is completed correctly. Here are five things you should and shouldn't do:

  • Do ensure all required fields are filled out completely, including the names, addresses, and amounts.
  • Do double-check the spelling of names and addresses to avoid any discrepancies.
  • Do confirm the total amount of the contract, including any extras, is accurately stated.
  • Do have the form notarized to validate your signature and affirm the information provided.
  • Do keep a copy of the completed form for your records.
  • Don't leave any sections blank, as this could lead to misunderstandings or disputes.
  • Don't use vague language; be specific about the work performed and the amounts involved.
  • Don't forget to sign and date the form; an unsigned document is not valid.
  • Don't submit the form without ensuring all parties have been notified of the waiver.
  • Don't overlook the requirement for notarization, as this step is crucial for legal acceptance.

Documents used along the form

The Illinois Final Waiver of Lien form is an important document in construction and real estate transactions. It serves to release any claims against a property by those who have provided labor or materials. Alongside this form, several other documents may also be utilized to ensure a smooth transaction. Below is a list of related forms that are often used in conjunction with the Illinois Final Waiver of Lien.

  • Contractor's Affidavit: This document is signed by the contractor and verifies that all payments have been made to subcontractors and suppliers. It confirms that there are no outstanding claims against the property for labor or materials provided.
  • California ATV Bill of Sale: This form is essential for recording the transfer of ownership of an all-terrain vehicle. For a smooth and secure transaction, ensure the form is filled out correctly. To get started, visit Fill PDF Forms.
  • Preliminary Notice: Often required before a lien can be filed, this notice informs property owners and general contractors that a supplier or subcontractor is providing materials or services on the property. It helps establish the right to file a lien if necessary.
  • Mechanic's Lien: This legal claim is filed against a property by a contractor or supplier who has not been paid for work performed. It serves as a security interest in the property and can be enforced through legal action if payment is not made.
  • Change Order: This document outlines any modifications to the original construction contract, including changes in scope, price, or timeline. It must be agreed upon by all parties involved and can affect payment and lien rights.
  • Release of Lien: After payment has been made, this form is used to formally release the lien placed on the property. It ensures that the property owner has clear title and can sell or refinance the property without encumbrances.

Using these documents together with the Illinois Final Waiver of Lien helps protect the rights of all parties involved in a construction project. Proper documentation can prevent disputes and ensure that payments are made in a timely manner, contributing to a successful completion of the project.

Things to Know About This Form

  1. What is the purpose of the Illinois Final Waiver of Lien form?

    The Illinois Final Waiver of Lien form serves to formally release any claims or liens that a contractor, subcontractor, or supplier may have against a property after they have been paid for their services or materials. By signing this document, the undersigned acknowledges receipt of payment and relinquishes any right to file a lien on the property in question. This is crucial for property owners, as it provides assurance that no further claims will arise from the work completed.

  2. Who needs to complete the Illinois Final Waiver of Lien form?

    This form must be completed by any contractor, subcontractor, or supplier who has provided labor or materials for a construction project in Illinois. It is important for those who have worked on the property to ensure they are compensated before waiving their rights to file a lien. The form should be filled out accurately, detailing the services provided and the payment received.

  3. What information is required on the form?

    The Illinois Final Waiver of Lien form requires several key pieces of information, including:

    • The name of the contractor or supplier.
    • A description of the work performed or materials supplied.
    • The property address where the work was conducted.
    • The total amount of the contract, including any extras.
    • The amount paid prior to signing the waiver.
    • The date of the waiver and the signature of the contractor or authorized representative.

    Completing all sections accurately is essential to ensure the validity of the waiver.

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

    In the context of the Illinois Final Waiver of Lien form, "extras" refer to any additional work or materials that were not included in the original contract. This may include change orders, which can be either oral or written agreements that modify the scope of work or the cost. It is important for contractors to include these extras in the final waiver to avoid any future disputes regarding unpaid amounts.

  5. What happens if the form is not completed or signed?

    If the Illinois Final Waiver of Lien form is not completed or signed, the contractor or supplier retains the right to file a lien against the property for unpaid amounts. This can lead to legal complications for both the contractor and the property owner. It is advisable for all parties involved in a construction project to ensure that waivers are properly executed upon payment to prevent any potential claims or disputes in the future.

Preview - 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 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

Document Specifics

Fact Name Description
Purpose The Illinois Final Waiver of Lien form is used to release a lien claim on a property once payment has been received.
Governing Law This form is governed by the Illinois Mechanics Lien Act.
Parties Involved The form involves the contractor, the property owner, and any relevant subcontractors or suppliers.
Consideration It requires a specific dollar amount as consideration for the waiver of the lien.
Extras Definition Extras include change orders, both oral and written, related to the contract.
Affidavit Requirement The contractor must provide an affidavit confirming the accuracy of the waiver and payment status.
Notarization The signature on the form must be notarized to ensure its validity.
Finality Once executed, the waiver is final and prevents future claims for the specified work or materials.

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 the form is properly signed and notarized. This document serves as a formal declaration that all claims related to the work performed have been settled. Following the completion of the form, it may need to be submitted to the appropriate parties involved in the transaction.

  1. Begin by entering the State and County where the waiver is being executed.
  2. Fill in the Escrow Number if applicable.
  3. In the first blank line, write the name of the employer who hired you.
  4. On the next line, specify the services or materials you provided.
  5. Provide the address of the premises where the work was performed.
  6. Identify the owner of the property on the next line.
  7. In the space provided, state the amount received for your services, followed by the dollar amount in the parentheses.
  8. Write the date of the waiver in the designated area.
  9. Enter your company name and complete the address section.
  10. Sign the form and include your title below your signature.
  11. Complete the contractor’s affidavit section by providing your name and position.
  12. Fill in your company name and the work description in the appropriate sections.
  13. State the total contract amount and the amount received prior to this payment.
  14. List the names and addresses of all parties who provided labor or materials, along with their respective amounts.
  15. Confirm that there are no outstanding contracts for the work and that all information is accurate.
  16. Sign and date the affidavit, ensuring it is notarized by a notary public.