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Content Overview

The Illinois Final Waiver of Lien form is an essential document in the construction industry, serving as a protective measure for both contractors and property owners. This form is used when a contractor or subcontractor has completed their work on a project and wants to confirm that they have received full payment. By signing this waiver, the contractor relinquishes any right to file a mechanics' lien against the property for the work performed. The form includes important details such as the name of the contractor, the amount paid, and a description of the work completed. Additionally, it requires the contractor to provide an affidavit, affirming that all previous waivers are genuine and that there are no outstanding claims from other parties involved in the project. This helps ensure that the property owner is protected from any future claims related to unpaid work or materials. The form also highlights the importance of addressing any "extras," which may include change orders that could impact the total contract price. Understanding this document is crucial for anyone involved in construction or property management in Illinois, as it helps clarify financial responsibilities and promotes transparency in transactions.

Similar forms

The Illinois Final Waiver of Lien form is an important document in the construction and contracting industry. It serves to release any claims or liens against a property once payment has been made. Here are eight other documents that are similar to the Illinois Final Waiver of Lien form, along with how they relate:

  • Partial Waiver of Lien: This document is used to release a portion of a lien. It indicates that a contractor has received partial payment and waives their right to claim a lien for that amount, similar to the final waiver but for a lesser sum.
  • Conditional Waiver of Lien: This waiver is contingent upon the receipt of payment. It provides assurance that a lien will be waived once payment is confirmed, which is akin to the final waiver that releases claims after payment is acknowledged.
  • Unconditional Waiver of Lien: Unlike the conditional waiver, this document waives the right to a lien immediately, regardless of whether payment has been received. It functions similarly to the final waiver by releasing claims once signed.
  • Mechanics Lien: This document allows contractors and suppliers to claim a lien against a property when they have not been paid. It is the opposite of the final waiver, which removes such claims once payment is made.
  • Release of Lien: This document formally removes a lien that has already been placed on a property. It serves a similar purpose to the final waiver, as both result in the release of claims against the property.
  • Ownership Transfer Certificate: This important document serves as proof of ownership change and is often required in property transactions. It is essential to ensure that the Ownership Transfer Certificate is properly filled out and executed to avoid any disputes regarding ownership rights.
  • Notice of Intent to Lien: This document serves as a warning that a lien may be placed if payment is not received. It is similar in purpose to the final waiver, as both involve the rights of contractors regarding payment.
  • Contractor’s Affidavit: This affidavit confirms that a contractor has received payment and that all waivers are genuine. It complements the final waiver by providing additional proof of payment and the release of claims.
  • Change Order: This document modifies the original contract and can include additional work or costs. While it doesn’t directly release claims, it can impact the amounts involved in waivers, linking it to the final waiver's context of payment and claims.

Document Specifics

Fact Name Details
Purpose The Illinois Final Waiver of Lien form is used to release any lien rights a contractor or subcontractor may have on a property after receiving payment for work completed.
Governing Law This form is governed by the Illinois Mechanics Lien Act, which outlines the rights and responsibilities related to liens for construction and improvement work.
Consideration The form requires the undersigned to acknowledge receipt of payment, which is a key factor in waiving lien rights.
Extras Included Extras such as change orders, both oral and written, must be accounted for in the waiver to ensure all work is covered.

Things You Should Know About This Form

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

    The Illinois Final Waiver of Lien form is a legal document that allows contractors, subcontractors, or suppliers to formally waive their right to file a lien against a property after they have received payment for their work or materials provided. This form ensures that the property owner is free from any claims related to unpaid work once the payment has been made.

  2. Who needs to use this form?

    This form is typically used by contractors and subcontractors who have completed their work on a construction project and have received payment. It is also relevant for suppliers of materials who want to confirm that they have been compensated. Using this form helps protect the property owner from potential lien claims in the future.

  3. What information is required to complete the form?

    To fill out the Illinois Final Waiver of Lien form, you will need to provide:

    • The name and address of the contractor or supplier.
    • The name of the property owner.
    • A description of the work or materials provided.
    • The total contract amount, including any extras.
    • The amount received prior to this payment.
    • 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 originally included in the contract but were agreed upon later. This could include change orders, which can be either verbal or written. It’s important to specify these extras to ensure that all parties are clear about what has been paid for.

  5. Is the waiver effective immediately upon signing?

    Yes, once the Illinois Final Waiver of Lien form is signed and dated, it becomes effective immediately. This means that the contractor or supplier relinquishes their right to file a lien for the work or materials specified in the form, provided they have received the agreed-upon payment.

  6. Do I need a notary for this form?

    Yes, the form must be notarized to be considered valid. This means that the person signing the waiver must do so in front of a notary public, who will then acknowledge the signature. This step adds an extra layer of authenticity and helps prevent disputes regarding the validity of the waiver.

  7. What happens if I don’t use this form?

    If you do not use the Illinois Final Waiver of Lien form after receiving payment, you may retain the right to file a lien against the property for unpaid work or materials. This could lead to potential legal disputes and complications for both the contractor and the property owner. It’s advisable to use the form to avoid any misunderstandings.

  8. Where can I obtain the Illinois Final Waiver of Lien form?

    The form can typically be obtained from various legal document service providers, construction industry associations, or online legal resources. It is essential to ensure that you are using the most current version of the form to comply with Illinois law.

Documents used along the form

The Illinois Final Waiver of Lien form is a critical document in the construction and contracting industry, serving as a formal declaration that a contractor or subcontractor waives their right to file a lien against a property once they have received payment. However, it is often accompanied by several other important documents that help clarify the payment process and protect the interests of all parties involved. Below is a list of related forms and documents commonly used alongside the Illinois Final Waiver of Lien.

  • Contractor’s Affidavit: This document is a sworn statement from the contractor confirming the total amount of the contract, including any extras, and detailing payments received prior to the current payment. It also lists all parties involved in providing labor or materials, ensuring transparency in the payment process.
  • Washington Articles of Incorporation: This form is essential for establishing a corporation in Washington State, detailing crucial information such as the corporation's name and purpose. Refer to the Articles of Incorporation for further insights on the requirements and process.
  • Subcontractor Waiver of Lien: Similar to the Final Waiver of Lien, this form is specifically for subcontractors. It serves to waive their right to file a lien on the property, providing assurance to the property owner that all subcontractors have been paid for their work.
  • Conditional Waiver of Lien: This document is used when payment has been promised but not yet made. It conditionally waives the right to file a lien, contingent upon the receipt of payment. This provides some security for the contractor while also reassuring the property owner.
  • Final Payment Application: This form is submitted by the contractor to request final payment for the work completed. It often includes a summary of the work performed and the total amount due, serving as a formal request for payment.
  • Change Order: A change order is a document that outlines any modifications to the original construction contract. It may include adjustments to the scope of work, costs, or timelines, and is essential for keeping all parties informed about changes that may affect payments.
  • Notice of Intent to Lien: Before filing a lien, a contractor may send this notice to the property owner, informing them of the intent to file a lien if payment is not received. This serves as a warning and can often prompt payment discussions before legal action is necessary.

Each of these documents plays a vital role in the construction payment process, ensuring that all parties are aware of their rights and obligations. By using these forms in conjunction with the Illinois Final Waiver of Lien, contractors, subcontractors, and property owners can navigate the complexities of construction payments more effectively.

Illinois Final Waiver Of Lien Preview

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

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