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Content Overview

The Chicago Title Waiver Format form is a critical document used in construction and real estate transactions within Illinois. It serves to protect property owners by ensuring that contractors and subcontractors waive their rights to file a mechanics' lien against a property for work performed. This waiver is executed in exchange for payment and confirms that all labor and materials have been provided, thus preventing any future claims against the property. The form outlines essential details, including the company name, the property address, and the contract amount. It also requires the contractor to affirm that all previous payments have been made and that no outstanding claims exist from other parties involved in the project. Additionally, the form includes a section for a contractor’s affidavit, which further verifies the accuracy of the information provided. By using this form, all parties can have peace of mind, knowing that financial obligations have been met and that the property remains free from potential liens.

Similar forms

  • Mechanics' Lien Waiver: Similar to the Chicago Title Waiver Format, this document serves to waive the right to file a mechanics' lien. It also includes details about the work performed and payment received, ensuring that contractors and subcontractors relinquish their claims on the property in exchange for payment.
  • Partial Lien Waiver: This document is used when a contractor receives a portion of the payment. Like the Chicago Title Waiver, it acknowledges the payment received while waiving the right to claim a lien for that amount, providing assurance to property owners.
  • Final Lien Waiver: This is issued when a project is completed and full payment is made. It is similar to the Chicago Title Waiver in that it releases any claims against the property, confirming that the contractor has been fully paid for their work.
  • Subcontractor Lien Waiver: Subcontractors use this document to waive their lien rights after receiving payment. It mirrors the Chicago Title Waiver by ensuring that all parties understand that payment has been made, preventing future claims on the property.
  • Conditional Lien Waiver: This type of waiver is contingent upon the receipt of payment. It shares similarities with the Chicago Title Waiver by establishing that the lien rights will be waived once payment is confirmed, providing a layer of protection for both parties.
  • Affidavit of Payment: This document asserts that all payments have been made to contractors and subcontractors. Like the Chicago Title Waiver, it helps establish transparency and protects property owners from potential lien claims.
  • Hold Harmless Agreement: This important document ensures parties are protected from liability for damages or losses during an agreement, offering essential legal coverage in various situations and is particularly significant in Montana, as detailed in the Hold Harmless Agreement.
  • Notice of Intent to Lien: This document serves as a warning to property owners about potential lien claims. While it is not a waiver, it is related as it informs owners of unpaid dues, similar to the Chicago Title Waiver’s role in clarifying payment status.

Document Specifics

Fact Name Description
Document Purpose The Chicago Title Waiver Format form is used to waive any lien rights related to construction work performed on a property.
Governing Law This form is governed by the mechanics' lien statutes of the State of Illinois.
Consideration The undersigned must acknowledge receipt of a specified amount of money or other valuable consideration in exchange for the waiver.
Property Identification The form requires clear identification of the property for which the lien waiver is being executed.
Signature Requirement The form must be signed by the contractor or the authorized representative of the company providing the services.
Affidavit Component An affidavit section requires the contractor to confirm the accuracy of the information provided in the waiver.
Extras Definition Extras, such as change orders, must be included in the total contract amount and acknowledged in the waiver.
Payment Information The form must specify the total contract price, amount paid, and balance due for clarity.
Notary Requirement The signature must be notarized to ensure the authenticity of the document.
Use by Various Parties This form can be used by contractors, subcontractors, and suppliers involved in construction projects.

Things You Should Know About This Form

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

    The Chicago Title Waiver Format form serves to release any claims or liens against a property by a contractor or subcontractor. By signing this document, the undersigned acknowledges receipt of payment and waives the right to file a mechanics' lien against the property for the work performed.

  2. Who needs to fill out this form?

    This form is typically completed by contractors or subcontractors who have provided labor or materials for a construction project. It is essential for anyone who wishes to waive their lien rights in exchange for payment.

  3. What information is required to complete the form?

    To complete the form, the following information is necessary:

    • Company name of the contractor or subcontractor
    • Property owner's name
    • Property address
    • Contract amount, including any extras
    • Amount paid prior to this payment
    • Details of all parties who have provided labor or materials
    • Signature of the authorized person
  4. What are "extras" in the context of this form?

    In this context, "extras" refer to additional work or materials that were not included in the original contract. This can include change orders, both oral and written, that modify the scope of work.

  5. Is notarization required for this form?

    Yes, notarization is required. The form must be signed in front of a notary public, who will verify the identity of the signer and witness the signing of the document.

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

    If the form is not completed correctly, it may not be legally binding. This could result in the contractor or subcontractor retaining their lien rights, which may lead to complications in the payment process.

  7. Can this form be used for any type of construction project?

    Yes, the Chicago Title Waiver Format form can be utilized for various types of construction projects, as long as it adheres to the relevant laws regarding mechanics' liens in the state of Illinois.

  8. What should be done with the completed form?

    Once completed and notarized, the form should be provided to the property owner and kept in the contractor's records. It may also be advisable to file it with the appropriate local government office, depending on local regulations.

  9. How does this form protect property owners?

    This form protects property owners by ensuring that all contractors and subcontractors waive their lien rights upon receiving payment. It minimizes the risk of future claims against the property for unpaid work or materials.

  10. What are the legal implications of signing this form?

    By signing the Chicago Title Waiver Format form, the undersigned agrees to forfeit their right to file a lien against the property for the specified work. It is a legally binding document, and failure to fulfill the terms may lead to legal consequences.

Documents used along the form

The Chicago Title Waiver Format form is often used in construction and real estate transactions to protect the interests of property owners and contractors. Alongside this form, several other documents play a crucial role in ensuring that all parties involved are clear on their rights and obligations. Below is a list of commonly used forms that complement the Chicago Title Waiver Format.

  • Contractor’s Affidavit: This document provides a sworn statement from the contractor affirming that all payments have been made to subcontractors and suppliers, ensuring there are no outstanding claims against the property.
  • Divorce Settlement Agreement: Creating a comprehensive Colorado PDF Forms for outlining asset division and custody arrangements is critical to ensure that both parties fully understand their rights and obligations during and after the divorce process.
  • Mechanics Lien Waiver: A waiver that releases a property owner from any lien claims by contractors or subcontractors once they have been paid for their work, protecting the owner from future legal claims.
  • Change Order: This form documents any changes to the original construction contract, including modifications in scope, price, or schedule, ensuring all parties are aware of updates.
  • Subcontractor Agreement: A contract between the primary contractor and subcontractors outlining the terms of work, payment, and responsibilities, clarifying the relationship between the parties involved.
  • Payment Application: This document is used by contractors to request payment for completed work, detailing the amount due and the work performed to date, streamlining the payment process.
  • Final Waiver of Lien: A document signed at the end of a project confirming that all payments have been made and that the contractor waives any future lien rights against the property.
  • Owner’s Affidavit: A sworn statement from the property owner confirming that all contractors and suppliers have been paid, providing additional assurance to lenders and title companies.
  • Release of Liability: This form protects the property owner from future claims by releasing the contractor from liability for any issues arising from the completed work.
  • Inspection Report: A document detailing the findings of inspections conducted during construction, ensuring compliance with safety and building codes, which can be essential for final approvals.

Using these forms together with the Chicago Title Waiver Format helps to create a clear and organized process in construction and real estate transactions. Each document serves a specific purpose, ensuring that all parties understand their rights and responsibilities while minimizing the risk of disputes.

Chicago Title Waiver Format Preview

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