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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

Common mistakes

Filling out the Illinois Final Waiver of Lien form requires careful attention to detail. One common mistake is failing to provide complete information about the parties involved. When listing the contractor or the owner, it’s essential to include the full legal names and addresses. Incomplete or incorrect names can lead to confusion and may invalidate the waiver.

Another frequent error is neglecting to specify the amount being waived. It’s crucial to clearly state the dollar amount in both words and figures. If there’s a discrepancy between these two, it could create issues in enforcing the waiver later. Always double-check that the amounts match and are accurate.

People often overlook the importance of including details about extras. The form explicitly mentions that extras include change orders, both oral and written. If you fail to account for these additional costs, it may result in future claims or disputes. Be thorough in documenting all aspects of the work performed.

Additionally, some individuals forget to sign and date the form. A waiver without a signature is not legally binding. Ensure that the person authorized to sign, typically the contractor or a company representative, does so. The date of signing is equally important, as it establishes the timeline of the waiver.

Another mistake is not having the affidavit properly notarized. The presence of a notary public is essential to validate the affidavit section of the waiver. Without this step, the waiver may not be accepted by the parties involved or could be challenged in court.

People sometimes fail to disclose all parties involved in the project. The form requires listing all individuals or companies that provided labor or materials. Omitting any party could lead to potential claims against the property owner or contractor later on. Be comprehensive in this section to avoid complications.

Finally, individuals may not keep a copy of the completed waiver for their records. After submitting the waiver, retaining a copy is vital for future reference. This documentation can serve as proof that a lien has been waived, protecting against any misunderstandings that may arise later.

Dos and Don'ts

When filling out the Illinois Final Waiver of Lien form, it is important to follow certain guidelines to ensure accuracy and compliance. Here are six things to do and not to do:

  • Do fill in all required fields completely and accurately.
  • Do include the correct names and addresses of all parties involved.
  • Do clearly state the total amount of the contract, including any extras.
  • Do have the document notarized to validate the waiver.
  • Don't leave any sections blank; this can lead to delays or disputes.
  • Don't forget to keep a copy for your records after submission.

Similar forms

  • Conditional Waiver of Lien: This document allows a contractor or subcontractor to waive their lien rights conditionally, meaning the waiver is effective only if payment is received. It is similar to the Illinois Final Waiver of Lien in that it relates to the release of lien rights but adds a condition related to payment.
  • Hold Harmless Agreement: A vital document in California, this agreement ensures that one party is protected from liability arising from potential accidents or incidents. It is often utilized in high-risk environments such as construction sites or events, providing reassurance and a clear understanding of risk management. For comprehensive templates, visit TopTemplates.info.

  • Unconditional Waiver of Lien: This form waives lien rights without any conditions. Like the Illinois Final Waiver of Lien, it releases claims on property but does not require the receipt of payment for the waiver to be valid.
  • Mechanic's Lien: This document is filed to claim a lien against a property for unpaid work or materials. It is similar in purpose to the Illinois Final Waiver of Lien but serves the opposite function by asserting a claim rather than waiving it.
  • Release of Lien: This document serves to officially remove a previously filed lien. It is akin to the Illinois Final Waiver of Lien, as both documents deal with the release of claims related to property and payment for services or materials.
  • Notice of Intent to Lien: This document informs the property owner of the contractor's intent to file a lien if payment is not made. It is similar in that it deals with lien rights but focuses on notifying rather than waiving those rights.
  • Subcontractor's Waiver of Lien: This document is specifically for subcontractors to waive their lien rights. Like the Illinois Final Waiver of Lien, it addresses the rights of parties providing labor or materials on a project.
  • Payment Application: This document is used to request payment for work completed. It is similar to the Illinois Final Waiver of Lien in that both involve financial transactions related to construction work and may be linked to the release of lien rights.
  • Final Payment Affidavit: This document certifies that all obligations have been met before final payment is made. It is similar to the Illinois Final Waiver of Lien as both confirm that no further claims will be made against the property.
  • Change Order: This document modifies the original contract terms, including scope and payment. While it serves a different purpose, it can lead to waivers of lien rights if the changes involve additional work or payments.
  • Contractor's Release: This document confirms that a contractor has been paid and releases any claims against the property. It is similar to the Illinois Final Waiver of Lien in that both documents finalize payment and release lien rights.