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FINAL WAIVER OF LIEN

STATE OF ILLINOIS

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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.

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STATE OF ILLINOIS

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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

Documents used along the form

The Illinois Final Waiver of Lien form is a critical document in construction and contracting processes. It serves to release any claims of lien against a property once payment has been made. Several other forms and documents are often utilized in conjunction with this waiver to ensure compliance and protect the interests of all parties involved. Below are five commonly used documents.

  • Contractor’s Affidavit: This document is completed by the contractor to affirm that all payments have been made for labor and materials. It provides a detailed account of the total contract amount, payments received, and any outstanding balances. This affidavit helps ensure that there are no outstanding claims against the property.
  • Subcontractor Waiver of Lien: This waiver is used by subcontractors to relinquish their right to file a lien on the property. It confirms that they have been paid for their work and materials provided. This document protects the property owner from potential claims by subcontractors.
  • Material Supplier Waiver of Lien: Similar to the subcontractor waiver, this document is specifically for material suppliers. It serves to release any lien rights they may have on the property after receiving payment. This ensures that the property remains free of claims related to unpaid materials.
  • Divorce Settlement Agreement: For those navigating the complexities of divorce, the necessary Divorce Settlement Agreement template outlines key terms and arrangements for a smooth transition after separation.
  • Change Order: A change order is a formal document that outlines any modifications to the original contract. This may include changes in scope, pricing, or timelines. It is essential for documenting agreed-upon adjustments and ensuring all parties are on the same page.
  • Final Payment Application: This document is submitted by the contractor to request the final payment upon project completion. It details the work completed and confirms that all contractual obligations have been met. This application is crucial for closing out the project financially.

Utilizing these documents alongside the Illinois Final Waiver of Lien form helps to maintain transparency and protect all parties involved in a construction project. Proper documentation is essential to prevent disputes and ensure a smooth transaction process.

Similar forms

  • Partial Waiver of Lien: Similar to the Final Waiver of Lien, a Partial Waiver of Lien allows a contractor or subcontractor to waive their right to a lien for a specific amount of payment received. This document is often used when a contractor has received partial payment but still retains the right to claim a lien for any remaining balance due.

  • Conditional Waiver of Lien: This document is executed when a contractor agrees to waive their lien rights, but only upon the receipt of payment. Unlike the Final Waiver, the Conditional Waiver protects the contractor until the payment has cleared, ensuring they are compensated before relinquishing their rights.

  • Release of Liability: A vital document designed to protect organizers and participants during events, acknowledging the risks involved and helping to prevent legal claims related to injuries. For those looking to implement this form, you can find a useful template at https://legalpdfdocs.com/.
  • Unconditional Waiver of Lien: An Unconditional Waiver of Lien is similar to the Final Waiver of Lien, as it releases all lien rights without any conditions. This document is typically used when full payment has been received, providing assurance to the property owner that no future claims will arise from the contractor.

  • Release of Lien: A Release of Lien serves a similar purpose as the Final Waiver of Lien. It is a document that formally removes a lien that has already been placed on a property. This document provides clarity and peace of mind to property owners, confirming that all claims have been resolved.

Misconceptions

Here are four common misconceptions about the Illinois Final Waiver of Lien form:

  • It eliminates all claims forever. Many believe that signing this waiver means they can never file a lien again. In reality, it only waives claims related to the specific work and payment mentioned in the waiver. Future work or unpaid amounts may still be subject to lien rights.
  • It guarantees payment. Some assume that by signing the waiver, they will receive payment. However, the waiver is a receipt acknowledging payment for the work completed up to that point. If payment is not made as agreed, the waiver does not protect against that risk.
  • It is only for contractors. A common misconception is that only contractors can use this form. In fact, subcontractors and suppliers can also utilize the waiver to protect their rights regarding payments for services or materials provided.
  • It is a one-size-fits-all document. Many think the Illinois Final Waiver of Lien form can be used universally for all projects. However, it must be tailored to reflect the specific details of each project, including the parties involved and the nature of the work completed.

Understanding Illinois Final Waiver Of Lien

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

    The Illinois Final Waiver of Lien form serves as a legal document that confirms a contractor, subcontractor, or supplier has been paid for their work or materials provided on a construction project. By signing this form, the undersigned waives any future lien rights they may have against the property, ensuring that the property owner is free from any claims related to unpaid services or materials.

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

    Typically, the form must be signed by the contractor or subcontractor who has provided labor, materials, or services for the construction project. It may also be signed by suppliers who have furnished materials. In all cases, it is essential that the individual signing the form has the authority to do so on behalf of their company.

  3. What information is required on the form?

    The form requires several key pieces of information, including:

    • The name and address of the contractor or subcontractor.
    • The name of the property owner.
    • A description of the work performed or materials supplied.
    • The total contract amount, including any extras.
    • The amount received prior to signing the waiver.
    • The date of the waiver.
  4. What are "extras" in the context of this form?

    In this context, "extras" refer to any additional work or materials that were not included in the original contract but are necessary for the completion of the project. This may encompass change orders, which can be either oral or written agreements made after the initial contract was signed. It is crucial to account for these extras in the total amount when filling out the form.

  5. What happens if the form is not signed?

    If the Illinois Final Waiver of Lien form is not signed, the contractor or subcontractor retains the right to file a lien against the property for unpaid work or materials. This could lead to legal complications for the property owner, as they may face claims that could affect their ownership rights or lead to foreclosure actions.

  6. Is notarization required for the form?

    Yes, notarization is required for the Illinois Final Waiver of Lien form. The signature of the individual signing the waiver must be witnessed by a notary public, who will then provide their seal and signature. This step adds an extra layer of authenticity and legal validity to the document.