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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

Documents used along the form

The Chicago Title Waiver Format form is a crucial document in the realm of construction and real estate, especially in Illinois. It serves as a formal declaration by contractors or suppliers that they waive their right to file a lien against a property in exchange for payment. However, this form often works in conjunction with several other documents to ensure a smooth transaction and protect the interests of all parties involved. Below is a list of common forms and documents that are frequently used alongside the Chicago Title Waiver Format form.

  • Contractor’s Affidavit: This document is sworn by the contractor and confirms that all payments have been made for labor and materials. It details the total contract amount, payments received, and any outstanding balances, ensuring transparency in the payment process.
  • Mechanics Lien Release: This release is provided by a contractor or supplier to confirm that they have been paid for their services and materials. It protects property owners from potential lien claims after payment has been made.
  • Quitclaim Deed: A critical document for transferring property ownership without title guarantees. For additional information and to access a template, visit https://legalpdfdocs.com.
  • Change Order: A change order is an official document that modifies the original construction contract. It outlines any alterations in scope, cost, or timeline, ensuring that all parties are aware of changes and agree to them.
  • Final Waiver of Lien: This document is issued at the end of a project, confirming that all parties have been paid in full. It serves as a final release of any lien rights and provides peace of mind to property owners.
  • Subcontractor Waivers: These waivers are similar to the Chicago Title Waiver Format but are specifically for subcontractors. They ensure that subcontractors waive their lien rights for the work performed, protecting the primary contractor and property owner.
  • Payment Application: This document is submitted by contractors to request payment for work completed. It typically includes a summary of work done, materials used, and the amount being billed, facilitating the payment process.
  • Notice of Intent to Lien: This notice is sent to property owners before a lien is filed. It serves as a warning that payment is due and outlines the contractor's intention to file a lien if payment is not received, encouraging prompt payment.

Understanding these documents is essential for anyone involved in construction or real estate transactions. Each plays a unique role in protecting the rights of contractors, subcontractors, and property owners. By ensuring that all necessary forms are completed accurately and timely, all parties can mitigate risks and foster smoother transactions.

Similar forms

  • Mechanics Lien Waiver: This document serves a similar purpose by releasing any claims or rights to liens against a property for work performed or materials supplied. It is often used in construction projects to ensure that all parties are paid and that there are no outstanding claims.
  • Partial Lien Waiver: Like the Chicago Title Waiver, this document is used to acknowledge payment for a portion of the work completed. It releases the lien rights for the amount paid while retaining rights for any unpaid balance.
  • Final Lien Waiver: This document is executed when all payments have been made. It releases all lien rights for the entire contract amount, similar to the Chicago Title Waiver, but specifically indicates that no further claims will be made.
  • Transfer-on-Death Deed: This form allows property owners in Arkansas to designate beneficiaries for their real estate, avoiding probate and ensuring a smooth transfer of assets. For more information, visit https://transferondeathdeedform.com/arkansas-transfer-on-death-deed/.
  • Subcontractor Waiver: This document is similar in that it is used by subcontractors to waive their lien rights. It ensures that the general contractor and property owner are protected from potential claims by subcontractors.
  • Affidavit of Payment: This document confirms that all payments have been made for the work performed. It aligns with the Chicago Title Waiver by providing assurance that there are no outstanding claims against the property.
  • Notice of Intent to Lien: While this document serves as a warning before a lien is filed, it is similar in context as it relates to the rights of parties involved in a construction project. It alerts property owners of potential claims before they arise.
  • Release of Lien: This document formally cancels any previously filed lien. It is similar to the Chicago Title Waiver in that both serve to clear any claims against a property.
  • Construction Contract: Although primarily an agreement, it often includes provisions for waivers of lien rights. This establishes expectations for payment and lien rights, similar to the Chicago Title Waiver’s purpose.
  • Change Order Agreement: This document modifies the original contract and may include provisions for waiving lien rights related to additional work. It shares similarities with the Chicago Title Waiver regarding adjustments to contract terms.

Misconceptions

Misconceptions about the Chicago Title Waiver Format form can lead to confusion for those involved in real estate transactions. Understanding these misconceptions is crucial for ensuring compliance and protecting rights. Below is a list of common misunderstandings regarding this form:

  1. It is only for contractors. Many believe that only contractors need to use this form. In reality, anyone providing labor or materials for a property can benefit from a waiver of lien.
  2. It eliminates all liens forever. Some think that signing this waiver permanently removes all liens. However, it only waives claims related to the specific work and materials provided up to the date of signing.
  3. It is not legally binding. There is a misconception that this form lacks legal force. In fact, once signed and notarized, it is a legally binding document under Illinois law.
  4. It only protects the property owner. Many assume that the waiver only serves the interests of the property owner. In truth, it also protects contractors and suppliers by clarifying payment terms.
  5. All extras are automatically included. Some people think that all additional costs are automatically covered. However, extras must be specifically mentioned and documented in the waiver.
  6. It can be completed without a notary. There is a belief that notarization is optional. However, notarization is required for the waiver to be valid in Illinois.
  7. It is the same as a lien release. Many confuse the waiver with a lien release. While both serve to clarify rights, a waiver is typically signed before payment, whereas a release is signed after payment has been made.
  8. It is only necessary for large projects. Some think this form is only needed for significant construction projects. In reality, it is advisable for any project involving labor or materials, regardless of size.
  9. Filing the waiver is the contractor's responsibility. There is a misconception that only the contractor must file the waiver. In fact, all parties involved should be aware of and agree to the terms outlined in the waiver.
  10. It can be altered after signing. Some believe that changes can be made to the waiver after it is signed. However, any modifications must be agreed upon by all parties and properly documented.

Understanding these misconceptions can aid in navigating the complexities of real estate transactions and ensure that all parties are adequately protected.

Understanding Chicago Title Waiver Format

  1. What is the purpose of the Chicago Title Waiver Format form?

    The Chicago Title Waiver Format form serves as a legal document that allows contractors, subcontractors, or suppliers to waive their right to file a mechanics' lien against a property. By signing this form, the undersigned acknowledges receipt of payment and releases any claims against the property for labor or materials provided.

  2. Who needs to fill out this form?

    This form is typically filled out by contractors or subcontractors who have provided labor or materials for a construction project. It is crucial for anyone who wishes to ensure that they do not retain a lien on the property for unpaid work or materials.

  3. What information is required on the form?

    The form requires several key pieces of information, including:

    • The name of the company providing the labor or materials.
    • The name of the property owner.
    • The description of the premises.
    • The total contract amount, including any extras.
    • The amounts paid and any balance due.
    • The signature and title of the person completing the form.
  4. 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, which may be either oral or written. It is important to note that these extras should be accounted for when completing the form to ensure accurate payment records.

  5. Is the waiver unconditional?

    Yes, the waiver is typically unconditional. By signing the form, the undersigned confirms that they have received payment and that there are no outstanding claims against the property. This means that they cannot later assert a lien for the work or materials covered by the waiver.

  6. What happens if the form is not completed correctly?

    If the form is not filled out accurately, it may lead to disputes over payment or the right to file a lien. Inaccuracies could result in the waiver being deemed invalid, which could leave the contractor or supplier exposed to potential claims for unpaid work or materials.

  7. Do I need a notary for this form?

    Yes, the form must be notarized. The signature of the person completing the form should be witnessed by a notary public, who will verify the identity of the signer and ensure that the document is executed properly. This adds an additional layer of legal validity to the waiver.

  8. Can I revoke the waiver after signing it?

    Once the waiver is signed and notarized, it generally cannot be revoked. The purpose of the waiver is to provide assurance to the property owner that there are no outstanding claims for payment. Therefore, it is crucial to ensure that all terms are agreeable before signing.

  9. Where can I obtain this form?

    The Chicago Title Waiver Format form can be obtained from Chicago Title Insurance Company or other legal document providers. It is advisable to use the most current version to ensure compliance with Illinois laws and regulations regarding mechanics' liens.