Free Chicago Title Waiver Format Template in PDF Get Your Form

Free Chicago Title Waiver Format Template in PDF

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

Misconceptions about the Chicago Title Waiver Format form can lead to confusion. Here are ten common misunderstandings:

  1. The form is only for contractors. Many believe that only contractors need to use this form. In reality, any party providing labor or materials can benefit from it.
  2. It eliminates all liens. Some think that signing this waiver removes all potential liens. However, it only waives liens related to the specified work and materials.
  3. All payments must be made before signing. People often assume they must receive full payment before signing. The form can be used even if partial payments have been made.
  4. It’s the same as a contract. Many confuse the waiver with a contract. The waiver serves a different purpose, focusing on releasing lien rights rather than establishing terms of work.
  5. Extras are not included. Some believe that extras, like change orders, are not covered. In fact, the waiver explicitly includes extras as part of the agreement.
  6. Only one waiver is needed for multiple projects. It’s a common misconception that one waiver suffices for all projects. Each project requires its own waiver to be valid.
  7. The form is only for residential properties. Many think it applies solely to residential work. However, it is applicable for both residential and commercial properties.
  8. Once signed, it cannot be revoked. Some assume that signing the waiver is final and cannot be undone. In certain circumstances, it may be possible to revoke it under specific conditions.
  9. Notarization is optional. There is a belief that notarization isn’t necessary. However, having the form notarized adds a layer of authenticity and may be required in some cases.
  10. The form is complicated. Many feel intimidated by the form’s appearance. In reality, it is straightforward and can be completed with basic information.

Understanding these misconceptions can help ensure that the Chicago Title Waiver Format form is used correctly and effectively.

Documents used along the form

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.

  • Contractor’s Affidavit: This document confirms that the contractor has received payment for work completed and outlines any outstanding balances. It also lists all parties involved in providing labor or materials.
  • Notice of Intent to Lien: This notice informs property owners of a contractor's intention to file a lien if payment is not received. It serves as a warning and can encourage timely payment.
  • Mechanics Lien: This legal claim is filed against a property to secure payment for labor or materials provided. It can be enforced if payment is not made and must be filed within a specific timeframe.
  • Trailer Bill of Sale: This document is crucial for recording the sale of a trailer and ensuring proper ownership transfer. It includes details such as the sale price and information about both the buyer and the seller, making it available for registration and verification purposes. For more information, visit smarttemplates.net/.
  • Change Order: This document records any modifications to the original construction contract, including changes in scope, price, or timeline. It ensures that all parties agree to the new terms.
  • Final Waiver of Lien: This document is executed at the completion of a project, confirming that all parties have been paid and waiving any further claims against the property.
  • Subcontractor’s Waiver of Lien: Similar to the main waiver, this form is specific to subcontractors, confirming they have been paid for their work and waiving their right to file a lien.
  • Release of Lien: This document is used to formally release a lien that has been placed on a property once payment has been made, ensuring the property is free from claims.
  • Payment Application: This form is used by contractors to request payment for work completed. It details the work done and the amount requested, facilitating the payment process.
  • Certificate of Substantial Completion: This document indicates that the construction work is sufficiently complete, allowing the owner to occupy or use the property, while final details may still be pending.

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.

Common mistakes

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.

Sample - 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