The Chicago Title Waiver Format form is a legal document used in Illinois to release any claims of lien on a property by contractors or suppliers. This form ensures that all parties involved in a construction project are protected from potential disputes regarding unpaid work or materials. Understanding its importance can help streamline the construction process and safeguard your interests.
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Misconceptions about the Chicago Title Waiver Format form can lead to confusion. Here are ten common misunderstandings:
Understanding these misconceptions can help ensure that the Chicago Title Waiver Format form is used correctly and effectively.
The Chicago Title Waiver Format form is commonly used in construction and real estate transactions to waive liens. Several other documents often accompany this form to ensure clarity and legality in the process. Below is a list of related forms and documents that may be needed.
These documents play a crucial role in the construction and real estate processes, helping to protect the rights of all parties involved and ensuring that transactions are handled smoothly and legally.
Filling out the Chicago Title Waiver Format form can seem straightforward, but many people make common mistakes that can lead to complications. One major error is failing to include the correct company name. This detail is crucial, as it identifies the party waiving the lien. If the name is misspelled or incomplete, it could invalidate the waiver.
Another frequent mistake is neglecting to specify the correct property address. The waiver must clearly state the premises involved. Without this information, it may be unclear which property the waiver pertains to, potentially leading to disputes.
Many individuals also overlook the consideration amount. This is the amount of money exchanged for the waiver. If this figure is missing or incorrect, it can raise questions about the validity of the waiver. Additionally, failing to acknowledge any extras can create issues later. Extras include any change orders, whether oral or written, that affect the contract.
Another common error is not providing a complete list of subcontractors and suppliers. The form requires names and addresses of all parties involved in the work. Omitting this information can lead to claims being made against the property later on.
People often forget to sign and date the form properly. A missing signature or date can render the waiver ineffective. The notary section is equally important. If the waiver is not notarized correctly, it may not hold up in legal situations.
Inaccuracies in the contract amount can also pose problems. The total contract price, including extras, must be correct. If there is a discrepancy between the stated amount and actual payments, it can lead to legal disputes.
Another mistake is failing to disclose any outstanding contracts. The form requires you to state that there are no other contracts for the work outstanding. Omitting this information can lead to complications if other parties claim they are owed money.
People sometimes misinterpret the waiver language. It's essential to understand what rights are being waived. Misunderstanding this could lead to unintended consequences, including losing the right to claim payment for work done.
Lastly, individuals may rush through the form without reviewing it thoroughly. This haste can lead to multiple errors, including typos and omissions. Taking the time to double-check the information can prevent many of these common mistakes.
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
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