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Homepage Fill Out a Valid Chicago Title Waiver Format Template

Form Specs

Fact Name Description
Purpose The Chicago Title Waiver Format form is designed to waive any mechanics' liens against a property in Illinois.
Governing Law This form is governed by the mechanics' lien statutes of the State of Illinois.
Parties Involved The form involves the contractor, the property owner, and any subcontractors or suppliers providing labor or materials.
Consideration It requires a specified amount of money as consideration for the waiver, acknowledging receipt of payment.
Extras Definition Extras include any change orders, whether oral or written, related to the contract.
Affidavit Requirement The contractor must provide an affidavit confirming the accuracy of the information and that no other claims exist.
Notary Public The form must be signed in the presence of a notary public to validate the waiver legally.

Dos and Don'ts

When filling out the Chicago Title Waiver Format form, it is important to ensure accuracy and completeness. Below are some guidelines to help you navigate the process effectively.

  • Do double-check all information for accuracy before submission.
  • Don't leave any fields blank; ensure every section is completed.
  • Do sign and date the form in the designated areas.
  • Don't use abbreviations or shorthand that may cause confusion.
  • Do provide a clear description of the work performed and materials supplied.
  • Don't forget to include any extras that may apply to the contract.
  • Do consult with a professional if you have any questions or uncertainties.

Following these guidelines will help ensure that your form is filled out correctly and that your rights are protected. Take your time and review each section carefully to avoid any potential issues.

Common mistakes

  1. Incomplete Information: One common mistake is failing to fill out all required fields. Ensure that the company name, date, and address are complete and accurate. Missing information can delay processing and may lead to legal complications.

  2. Incorrect Dollar Amounts: Double-check the figures entered for the total contract amount and payments received. Entering incorrect amounts can invalidate the waiver and create disputes over payment.

  3. Neglecting Signatures: It is essential that all necessary parties sign the document. A missing signature can render the waiver ineffective, leaving room for potential claims against the property.

  4. Failure to Include Extras: When listing the contract price, do not forget to account for extras, such as change orders. Omitting these can lead to misunderstandings about the total scope of work and payment obligations.

Documents used along the form

The Chicago Title Waiver Format form is a crucial document in the construction and real estate industries, primarily used to waive mechanics' liens. Several other forms and documents often accompany this waiver to ensure comprehensive compliance and clarity in contractual relationships. Below is a list of related documents that are commonly utilized in conjunction with the Chicago Title Waiver Format form.

  • Contractor’s Affidavit: This document is sworn by the contractor to confirm the total contract amount and payments received. It lists all parties involved in providing labor or materials, ensuring that no claims are outstanding.
  • Mobile Home Bill of Sale: This form is essential for transferring ownership of a mobile home, detailing the buyer and seller's information, the mobile home's description, and the sale price. For a template, visit Forms Washington.
  • Subcontractor Waiver: A waiver from subcontractors confirming that they relinquish any lien rights against the property for work performed. This protects the property owner from potential claims by subcontractors.
  • Final Payment Application: This form is submitted by the contractor to request the final payment for completed work. It typically includes a breakdown of costs and confirms that all work has been satisfactorily completed.
  • Change Order Form: This document records any modifications to the original contract, including changes in scope, cost, or timeline. It ensures that all parties agree to the changes and their implications.
  • Notice of Intent to Lien: This notice informs the property owner that a lien may be filed if payment is not received. It serves as a warning and provides the owner an opportunity to settle any outstanding debts.
  • Release of Lien: This document is issued to formally release any lien that has been placed on the property once payment has been made. It is crucial for clearing the title and ensuring the property can be sold or refinanced without encumbrances.
  • Payment Bond: A payment bond guarantees that subcontractors and suppliers will be paid for their work. This document protects those who provide labor and materials in the event the contractor fails to pay.
  • Certificate of Insurance: This certificate verifies that the contractor holds adequate insurance coverage. It protects all parties involved by ensuring that liabilities are covered in case of accidents or damages.

Utilizing these documents alongside the Chicago Title Waiver Format form helps to create a transparent and secure contractual environment. Ensuring that all parties are informed and protected minimizes risks and fosters trust in business relationships.

Misconceptions

Below is a list of common misconceptions regarding the Chicago Title Waiver Format form, along with explanations for each.

  • The waiver eliminates all claims on the property. This form only waives specific mechanics' liens related to labor and materials provided. Other claims may still exist.
  • All parties must sign the waiver for it to be valid. The waiver is valid as long as it is signed by the party providing labor or materials. Other signatures are not required.
  • The waiver applies to future work automatically. The waiver only covers work completed up to the date specified in the document. Any future work requires a new waiver.
  • Payment must be received before signing the waiver. While it is common to receive payment before signing, the waiver can be signed prior to payment as long as it reflects the agreed terms.
  • All extras must be documented in writing. While written documentation is preferred, the waiver acknowledges both oral and written change orders as valid extras.

Preview - Chicago Title Waiver Format Form

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

Key takeaways

When utilizing the Chicago Title Waiver Format form, there are several important considerations to keep in mind. This form is designed to help parties involved in a construction project clarify their rights and responsibilities regarding liens. Below are key takeaways to ensure proper completion and usage of the form.

  • Accurate Information: Ensure that all fields are filled out with precise details, including the company name, project location, and the amount being waived. Inaccurate information can lead to disputes later.
  • Consideration Amount: Clearly state the amount of consideration being received in exchange for the waiver. This amount is crucial as it signifies the value agreed upon for waiving lien rights.
  • Comprehensive Waiver: The waiver should encompass all potential claims, including those related to extra work or changes made during the project. This includes both oral and written change orders.
  • Contractor's Affidavit: The affidavit section requires the contractor to affirm that all waivers are genuine and that no further claims exist regarding the work performed. This adds an extra layer of protection for the parties involved.
  • List of Parties: Include a complete list of all parties who have contributed labor or materials to the project. This transparency helps ensure that all contributors are accounted for and that no outstanding obligations remain.
  • Notarization: The form must be notarized to validate the signatures and affirm the authenticity of the document. This step is essential for the waiver to be legally enforceable.

By adhering to these guidelines, parties can effectively use the Chicago Title Waiver Format form to protect their interests and facilitate smoother transactions in construction projects.

Similar forms

  • Mechanics Lien Waiver: This document serves a similar purpose by releasing a contractor's right to file a lien against a property for unpaid work. Like the Chicago Title Waiver Format form, it requires the contractor to acknowledge receipt of payment and confirm that no additional claims exist.
  • Conditional Waiver and Release on Progress Payment: This document allows a contractor to waive their lien rights conditionally, pending receipt of payment. Similar to the Chicago Title Waiver, it outlines the specifics of the work performed and the payment received, ensuring transparency in financial transactions.
  • Unconditional Waiver and Release on Final Payment: This document releases a contractor's lien rights unconditionally upon receipt of the final payment. Like the Chicago Title Waiver, it confirms that all payments have been made and no further claims are outstanding, thereby protecting the property owner.
  • Mobile Home Bill of Sale Form: To ensure a smooth transfer of ownership, refer to the detailed Mobile Home Bill of Sale documentation that clearly outlines the necessary legal requirements.
  • Affidavit of Payment: This document certifies that all subcontractors and suppliers have been paid for their work. Similar to the Contractor's Affidavit included in the Chicago Title Waiver, it ensures that all parties involved in the project have received their due compensation, thereby minimizing the risk of future claims.