The Illinois Final Waiver of Lien form serves as a legal document that allows contractors and subcontractors to relinquish their right to file a lien against a property after receiving payment for services rendered. By completing this form, individuals acknowledge receipt of payment and confirm that no further claims will be made regarding the work performed. Understanding the significance of this form is crucial for all parties involved in construction projects in Illinois.
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The Illinois Final Waiver of Lien form serves as a crucial document in the construction and contracting industry, ensuring that all parties involved have a clear understanding of their financial obligations and rights. This form is typically used when a contractor, subcontractor, or supplier has completed their work and received payment. By signing the waiver, the undersigned relinquishes any claims to a lien against the property for which they provided labor or materials. It includes important details such as the name of the contractor, the project location, and the total contract amount, including any extras. The form also requires a declaration from the contractor, affirming that all waivers are genuine and that no additional claims exist against the property. Additionally, it lists all parties who have contributed to the project, ensuring transparency in financial transactions. The Illinois Final Waiver of Lien is essential for protecting the interests of property owners while providing a clear record of payments made and obligations fulfilled.
The Illinois Final Waiver of Lien form is an important document in construction and real estate transactions. It serves to release any claims or liens against a property once payment has been made for services rendered or materials supplied. In addition to this form, several other documents are often used in conjunction with it to ensure that all parties are protected and informed. Below is a list of related forms and documents.
Using these forms and documents together can help streamline the construction process, protect the rights of all parties involved, and minimize the risk of disputes. Each document plays a specific role in ensuring that the transaction is completed smoothly and legally.
FINAL WAIVER OF LIEN
STATE OF ILLINOIS
} SS
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.
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
CONTRACTOR’S AFFIDAVIT
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
Completing the Illinois Final Waiver of Lien form is a crucial step in finalizing your claims related to a construction project. It's important to fill out this form accurately and completely to ensure all parties are informed and protected. Follow these steps carefully to complete the form.
After completing the first section, proceed to the Contractor’s Affidavit. This section requires additional information about the contract and any payments received. Ensure all details are accurate and clear to avoid any potential issues.
Once you have completed the form and obtained the necessary notarization, keep a copy for your records. Submit the finalized form to the appropriate parties to ensure your lien rights are effectively waived.
The Illinois Final Waiver of Lien form is similar to a Construction Lien Release. This document serves to inform all parties involved that a contractor or subcontractor has received full payment for work completed. By signing a Construction Lien Release, the contractor relinquishes their right to place a lien on the property for the work performed. Like the Final Waiver of Lien, this document provides assurance to property owners that they are free from future claims related to the project, thereby protecting their interests in the property.
Understanding the intricacies of lien waivers is essential for anyone involved in construction projects, including those utilizing the IRS Form 2553 to elect S corporation status, which can provide significant tax benefits. Resources such as fastpdftemplates.com/ can help businesses navigate these forms and ensure compliance, ultimately leading to smoother transactions and more efficient financial management.
Another related document is the Partial Waiver of Lien. This form is used when a contractor has received partial payment for work done but still retains the right to file a lien for the remaining balance. Similar to the Final Waiver of Lien, it offers a level of security to property owners. However, it is important to note that while the Final Waiver releases all claims, the Partial Waiver keeps the door open for future claims until the entire amount is settled.
The Contractor's Affidavit is another document that shares similarities with the Illinois Final Waiver of Lien. This affidavit requires the contractor to affirm that they have been paid for the work performed, and it lists all parties involved in the project. It serves to confirm that no other claims exist against the property, much like the Final Waiver of Lien, which assures property owners that they are not liable for unpaid labor or materials.
A Mechanic's Lien is a legal claim against a property for unpaid work or materials. While it is fundamentally different from the Illinois Final Waiver of Lien, it is closely related in that the waiver is often executed to prevent such a lien from being filed. The Final Waiver provides a release of rights to file a lien, ensuring that the property owner can move forward without the threat of future claims related to the project.
The Release of Lien form also bears resemblance to the Illinois Final Waiver of Lien. This document is used to formally release a lien that has already been placed on a property. Just as the Final Waiver of Lien confirms that no further claims will be made, the Release of Lien serves to officially remove any existing claims, providing clarity and peace of mind to the property owner.
The Final Payment Affidavit is another document that aligns closely with the Illinois Final Waiver of Lien. This affidavit is typically used at the conclusion of a project to confirm that all payments have been made. It serves as a declaration that all parties have been compensated for their work, similar to the assurance provided by the Final Waiver, which confirms that no further claims will be pursued.
A Subcontractor's Lien Waiver is also similar to the Illinois Final Waiver of Lien. This document is specifically designed for subcontractors and serves to waive their rights to file a lien against the property for the work they have completed. Like the Final Waiver, it protects the property owner from potential claims, ensuring that all parties involved are clear about payment status and obligations.
Finally, a Notice of Intent to Lien is a document that serves as a precursor to filing a lien. While it is not a waiver, it is related in that it informs the property owner of the potential for a lien if payment is not made. The Illinois Final Waiver of Lien, on the other hand, provides a definitive end to any claims, offering reassurance to property owners that their obligations have been fulfilled and that they are free from any future claims related to the project.
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Understanding the Illinois Final Waiver of Lien form is crucial for contractors, subcontractors, and property owners. However, several misconceptions can lead to confusion. Here are ten common misconceptions explained:
By addressing these misconceptions, individuals can better navigate the complexities of the Illinois Final Waiver of Lien form and ensure their rights are protected.