The Chicago Title Waiver Format form is a legal document that allows contractors and suppliers to waive their right to file a lien against a property for unpaid work or materials. This waiver is crucial for ensuring that all parties involved in a construction project are clear about their financial obligations and rights. Understanding and properly completing this form is essential to protect your interests and avoid potential disputes.
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The Chicago Title Waiver Format form serves as a crucial document in the construction and real estate industries, particularly in Illinois. This form is designed to protect property owners from potential liens that could arise from unpaid labor or materials supplied during a construction project. It includes several key components, such as the identification of the company providing the services, the property in question, and the amount of consideration received for the work performed. By signing this waiver, the contractor relinquishes any claim to a lien on the property, thereby ensuring that the owner can proceed with their plans without the threat of legal claims disrupting their interests. Additionally, the form requires the contractor to affirm that all waivers are genuine and that no outstanding claims exist against the project. This not only provides reassurance to property owners but also establishes a clear record of payments and obligations, promoting transparency and trust between all parties involved.
The Chicago Title Waiver Format form is an important document in real estate transactions. It helps ensure that all parties involved understand their rights and obligations regarding liens. Along with this form, several other documents may be used to provide clarity and protect interests. Here are some commonly associated forms:
Understanding these documents can help navigate the complexities of real estate transactions. Each form plays a crucial role in protecting the rights of those involved and ensuring smooth progress in construction projects.
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
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
Completing the Chicago Title Waiver Format form is essential for ensuring all parties involved in a construction project are clear about payments and claims. Follow these steps carefully to fill out the form accurately.
The Chicago Title Waiver Format form shares similarities with the "Mechanics Lien Waiver." Both documents serve the purpose of waiving the right to file a mechanics lien on a property. They are typically used in construction projects to ensure that contractors and subcontractors relinquish their claims for payment in exchange for a specified sum. This waiver protects property owners by confirming that all parties involved have been compensated for their work, thus preventing future disputes related to unpaid labor or materials.
Another related document is the "Partial Lien Waiver." This form is often utilized when a contractor receives a partial payment for work completed. Like the Chicago Title Waiver, it releases the contractor’s right to file a lien for the amount received but retains the right to file for any outstanding balance. This ensures that the contractor is still entitled to payment for work not yet compensated, while also providing the property owner with assurance that they have settled a portion of their financial obligations.
The "Final Lien Waiver" is also comparable. This document is executed at the conclusion of a project when all payments have been made. It serves as a confirmation that the contractor has received full payment and waives any future claims against the property. Similar to the Chicago Title Waiver, the Final Lien Waiver protects the property owner from any potential future liens and solidifies the contractor's acknowledgment of complete payment.
The "Contractor’s Affidavit" is another document that aligns closely with the Chicago Title Waiver. This affidavit is a sworn statement by the contractor affirming that all parties who have provided labor or materials have been paid. It often accompanies lien waivers to provide additional assurance to the property owner. By confirming that there are no outstanding claims, the affidavit works hand-in-hand with the waiver to protect the property from future financial liabilities.
The "Subcontractor Lien Waiver" is also similar in function. This document is used by subcontractors to waive their right to file a lien against the property for the work they performed. Like the Chicago Title Waiver, it is often executed in exchange for payment. This ensures that property owners can confidently move forward with their projects, knowing that subcontractors have relinquished their claims for the work completed.
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Lastly, the "Conditional Lien Waiver" is worth mentioning. This document is executed when a contractor or subcontractor agrees to waive their lien rights but only upon receipt of payment. It is conditional because if the payment is not made, the waiver is void. This is similar to the Chicago Title Waiver in that it addresses the relationship between payment and the right to file a lien, ensuring that all parties understand their obligations and rights during the transaction.
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Misconceptions often arise regarding the Chicago Title Waiver Format form, leading to confusion among contractors, property owners, and other stakeholders. Below are ten common misconceptions, along with clarifications for each.
Understanding these misconceptions can lead to more informed decisions regarding the use of the Chicago Title Waiver Format form. Clarity in this area can help foster better relationships between contractors and property owners.