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The Chicago Title Waiver Format form is an essential document in the realm of construction and real estate transactions, particularly in the state of Illinois. This form serves to protect property owners from potential liens that may arise from unpaid labor or materials supplied during a construction project. It is structured to include critical information such as the company name, the specific premises involved, and the total contract amount, including any extras. By signing this waiver, contractors formally relinquish their right to file a mechanics' lien against the property, provided they have received payment for their services. The form also includes a contractor’s affidavit, which verifies that all claims for payment are accurate and that no other outstanding contracts exist related to the work performed. This dual-layered approach not only provides reassurance to property owners but also ensures transparency in the payment process. Ultimately, the Chicago Title Waiver Format form plays a pivotal role in facilitating smooth transactions and maintaining trust among all parties involved in construction projects.

Document Example

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

Frequently Asked Questions

  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 that a contractor or supplier may have against a property. When a contractor provides labor or materials for a construction project, they typically have the right to file a lien against the property if they are not paid. This form, however, waives that right, ensuring that the property owner can proceed without the risk of a lien being placed on their property.

  2. Who needs to sign the Chicago Title Waiver Format form?

    The form must be signed by the contractor or supplier who has provided labor or materials for the project. Additionally, the contractor's affidavit section requires a sworn statement from the contractor, confirming the accuracy of the information provided and affirming that all payments have been made as agreed. This ensures that the waiver is legitimate and that no outstanding claims exist.

  3. What are "extras" and how do they relate to the waiver?

    In the context of the waiver, "extras" refer to any additional work or materials that were not included in the original contract but were necessary for the completion of the project. This can include change orders, which may be communicated either orally or in writing. The waiver specifically mentions that it covers all labor, services, and materials, including these extras, ensuring that the contractor cannot later claim payment for additional work after signing the waiver.

  4. How does the waiver protect property owners?

    The waiver protects property owners by eliminating the risk of mechanics' liens being filed against their property for unpaid work. By obtaining this waiver from contractors and suppliers, owners can ensure that they are not liable for any claims that could arise after payments have been made. This provides peace of mind, allowing owners to focus on their projects without the worry of potential legal issues related to unpaid labor or materials.

  5. What should be done if there are disputes regarding payments after the waiver is signed?

    If disputes arise regarding payments after the waiver has been signed, it is crucial to refer to the terms outlined in the contract and the waiver itself. The contractor's affidavit serves as a declaration that all payments have been made and that there are no outstanding claims. If a contractor attempts to claim otherwise, property owners should consult legal counsel to address the situation and ensure their rights are protected under the waiver and applicable laws.

Misconceptions

Misconceptions about the Chicago Title Waiver Format form can lead to misunderstandings and potential legal issues. Here are seven common misconceptions:

  • 1. The waiver eliminates all claims against the property. Many believe that signing this waiver releases all rights to claim against the property. In reality, it specifically waives mechanics’ liens related to the work performed up to the date of the waiver.
  • 2. It is only applicable to contractors. Some think only contractors can use this form. However, subcontractors and suppliers can also utilize it to waive their lien rights, provided they meet the necessary criteria.
  • 3. The waiver must be notarized to be valid. While notarization adds a layer of authenticity, the waiver can still be valid without it, depending on state requirements. However, notarization is often recommended for clarity and to avoid disputes.
  • 4. The waiver does not require payment to be effective. A common misconception is that the waiver is valid without any payment. In fact, it is executed in consideration of payment, which is acknowledged in the form.
  • 5. Signing the waiver means giving up all rights forever. Some individuals fear that signing the waiver means they can never claim rights again. This is not accurate; it only waives rights related to the specific work performed up to that date.
  • 6. The waiver applies to future work automatically. Many assume that once a waiver is signed, it covers all future work. Each new project or phase of work requires a separate waiver to be executed.
  • 7. All parties must sign the waiver for it to be valid. There is a belief that all involved parties must sign for the waiver to hold. In fact, the waiver is valid if signed by the party providing the labor or materials, as long as the proper terms are met.

Understanding these misconceptions is crucial for anyone involved in real estate transactions in Illinois. Clarity about the Chicago Title Waiver Format form can help protect rights and ensure compliance with state laws.

Common mistakes

  1. Failing to include the company name at the top of the form. Ensure this is clearly stated to avoid confusion.

  2. Not specifying the correct date. The date is crucial for the validity of the waiver.

  3. Omitting the property address. This information is essential to identify the premises involved.

  4. Leaving out the amount received. Clearly state the dollar amount to confirm payment has been acknowledged.

  5. Neglecting to list all contractors and subcontractors. This should include names and addresses of all parties involved.

  6. Not detailing the contract price and any extras. This information is necessary for transparency.

  7. Forgetting to sign the form. A signature is required to validate the waiver.

  8. Failing to have the form witnessed by a notary public. This step is often mandatory for legal purposes.

  9. Using unclear language in the description of work or materials. Be specific to avoid ambiguity.

  10. Not reviewing the entire form for accuracy before submission. Double-checking can prevent costly mistakes.

Document Data

Fact Name Details
Form Purpose The Chicago Title Waiver Format is used to waive mechanics' lien rights for labor and materials provided to a property.
Governing Law This form is governed by the mechanics' lien statutes of the State of Illinois.
Consideration The undersigned acknowledges receipt of a specified dollar amount as consideration for the waiver.
Extras Definition Extras include change orders, both oral and written, that modify the original contract.
Affidavit Requirement The contractor must provide an affidavit affirming the accuracy of the waiver and payment details.
Notary Public The form must be signed and sworn before a notary public to ensure its validity.

Similar forms

The Chicago Title Waiver Format form shares similarities with the Construction Lien Waiver. Both documents serve to protect property owners from potential claims by contractors or subcontractors for unpaid work. The Construction Lien Waiver explicitly releases any claims against the property for labor and materials provided, ensuring that once payment is made, the contractor cannot later assert a lien. This mutual understanding fosters trust between parties involved in construction projects, as it clarifies financial obligations and prevents future disputes over payments.

Another document closely related to the Chicago Title Waiver is the Conditional Lien Waiver. This waiver is contingent upon the actual receipt of payment, meaning that if the payment does not occur, the waiver is void. Like the Chicago Title Waiver, it aims to protect the property owner while also safeguarding the contractor’s rights. This conditional nature allows for flexibility in transactions, as contractors can feel secure in their ability to claim a lien if payment is not fulfilled.

The Final Lien Waiver is also akin to the Chicago Title Waiver Format. This document is typically used at the end of a project, confirming that the contractor has received full payment and waives any future claims related to the project. Both waivers serve to finalize the financial relationship between the contractor and the property owner, providing peace of mind that all obligations have been met. The Final Lien Waiver often includes a declaration that no further claims will arise, reinforcing the completion of the contractual agreement.

Similarly, the Partial Lien Waiver functions in a manner akin to the Chicago Title Waiver. This document is utilized when a contractor receives a partial payment but still retains the right to claim a lien for the remaining balance. It provides clarity regarding what has been paid and what is still owed, thereby allowing for ongoing work without the risk of future claims. This type of waiver is particularly useful in long-term projects where payments are made in stages.

The Contractor’s Affidavit bears resemblance to the Chicago Title Waiver in that it provides a sworn statement regarding payments and claims. This affidavit confirms that the contractor has received payment for work performed and lists any outstanding claims. Like the Chicago Title Waiver, it serves as a protective measure for property owners, ensuring that all parties involved are aware of the financial status of the project and preventing potential disputes over unpaid work.

The Subcontractor’s Waiver is another document that aligns with the Chicago Title Waiver Format. This waiver is specifically designed for subcontractors who wish to relinquish their right to claim a lien against the property for work performed. It ensures that property owners are protected from multiple claims and provides assurance that all subcontractors have been compensated. This type of waiver is essential in multi-tiered construction projects, where various subcontractors may be involved.

In the realm of construction documentation, it is essential to understand the various forms that help ensure payment clarity and protection for property owners. Among these important documents, the Arizona Employee Handbook form is a noteworthy inclusion. Like other construction waivers, it aims to establish clear protocols and expectations. For businesses operating in Arizona, completing the Employee Handbook form is a vital step to ensure compliance and proper management of workplace standards. For comprehensive resources, you can access All Arizona Forms that streamline these processes.

The Statement of Account is also comparable to the Chicago Title Waiver. This document outlines the financial transactions between the contractor and property owner, detailing amounts paid and amounts due. While the Chicago Title Waiver focuses on waiving claims, the Statement of Account provides a comprehensive view of the financial relationship. Together, they create a clear picture of obligations and payments, fostering transparency in the construction process.

The Release of Lien form is another document that shares similarities with the Chicago Title Waiver. This form is used to formally release a lien that has already been placed on a property. By submitting this release, the contractor confirms that they have received payment and relinquishes any claim to the property. Both documents aim to clear any encumbrances on the property, allowing for smooth transactions and ensuring that property owners are not burdened by unresolved claims.

Lastly, the Mechanic’s Lien Notice is closely related to the Chicago Title Waiver. While the waiver serves to release claims, the notice informs property owners of potential liens that may be filed if payment is not made. This proactive approach allows property owners to address payment issues before they escalate. Both documents play critical roles in the construction process, ensuring that all parties are aware of their rights and responsibilities regarding payments and claims.