Homepage >> Download Chicago Title Waiver Format Template

Misconceptions

Understanding the Chicago Title Waiver Format form can be challenging, especially with common misconceptions surrounding it. Here are nine misconceptions that often arise:

  • The form is only for contractors. Many believe that only contractors need to use this form, but any party providing labor or materials can benefit from it.
  • It eliminates all rights to payment. Some think signing the waiver means giving up all rights to payment. In reality, it only waives the right to file a lien on the property.
  • Waivers are permanent and cannot be revoked. A common myth is that once a waiver is signed, it cannot be undone. However, waivers can be conditional and may be revoked under certain circumstances.
  • All waivers are the same. Not all waivers are created equal. Different states and situations may require different formats or clauses.
  • Signing the waiver means you are paid in full. Many assume that signing this form indicates they have received full payment. This is not necessarily true; it only reflects the payment status at the time of signing.
  • The form is only necessary at the end of a project. Some believe the waiver is only needed once a project is completed. In fact, it can be used at various stages of the project.
  • Notarization is optional. There is a misconception that notarization of the waiver is not necessary. However, many jurisdictions require notarization for it to be legally binding.
  • All parties involved must sign the waiver. People often think that every contractor or subcontractor must sign the waiver. In most cases, only the party providing the waiver needs to sign.
  • The waiver protects the property owner from all claims. Some believe that the waiver completely protects the property owner from any claims. While it does limit certain claims, it does not absolve the owner of all responsibilities.

Being informed about these misconceptions can help individuals navigate the complexities of the Chicago Title Waiver Format form more effectively.

File Details

Fact Name Description
Form Purpose The Chicago Title Waiver Format form is used to waive any lien rights related to mechanics' liens in Illinois.
Governing Law This form is governed by the mechanics' lien statutes of the State of Illinois.
Company Name The form requires the name of the company providing the waiver, ensuring clear identification of the party waiving the lien.
Consideration The form specifies a dollar amount received as consideration for waiving the lien, which is a crucial part of the agreement.
Owner Information It includes the name of the property owner, ensuring that the waiver is tied to the correct party and property.
Signature Requirement The form must be signed by the undersigned, who acknowledges the waiver and confirms the details provided.
Extras Definition The form defines "extras" to include change orders, both oral and written, ensuring all additional work is considered in the waiver.
Affidavit Requirement An affidavit section is included, requiring the contractor to confirm the accuracy of the information provided in the waiver.
Notary Public The form requires notarization, adding a layer of authenticity and legal validity to the waiver.

Key takeaways

Here are key takeaways regarding the Chicago Title Waiver Format form:

  1. The form is used to waive any lien claims related to construction work.
  2. It requires details about the company providing the work and the premises involved.
  3. A monetary amount must be specified as consideration for the waiver.
  4. The waiver applies to all labor, materials, and services provided to date.
  5. Extras, such as change orders, must be included in the waiver.
  6. The contractor must provide an affidavit confirming the accuracy of the information.
  7. All parties involved in the project must be listed, including their addresses.
  8. The total contract amount, including extras, must be clearly stated.
  9. It is essential to ensure that no other claims or contracts are outstanding for the work.
  10. The form must be signed and dated, and notarization is required for validity.

Completing this form accurately is crucial to protect all parties involved in the construction project.

Dos and Don'ts

When filling out the Chicago Title Waiver Format form, it's important to approach the task with care and attention to detail. Below is a list of things to do and not to do, ensuring a smooth process.

  • Do read the entire form carefully before starting to fill it out.
  • Do provide accurate information about the company name and the property in question.
  • Do ensure all monetary amounts are clearly stated and correct.
  • Do sign and date the form in the designated areas.
  • Don't leave any sections blank; all fields must be completed.
  • Don't use abbreviations or shorthand that could cause confusion.
  • Don't forget to include any extras, as they are a critical part of the waiver.
  • Don't rush through the process; take your time to avoid mistakes.

Following these guidelines will help ensure that your form is filled out correctly, minimizing the risk of issues down the line.

Common mistakes

  1. Incorrect Company Name: Failing to accurately fill in the company name can lead to confusion and potential legal issues.

  2. Missing Date: Not including the date of the waiver can render the document invalid. Always ensure the date is clearly written.

  3. Incomplete Owner Information: Omitting the name of the property owner can cause complications in the future. Make sure this section is fully completed.

  4. Incorrect Amounts: Listing incorrect dollar amounts for payment or contract value may lead to disputes. Double-check all figures before submission.

  5. Neglecting to Include Extras: Failing to mention extras, such as change orders, can affect the validity of the waiver. Always list these items clearly.

  6. Signature Issues: Not signing the document or using an illegible signature can invalidate the waiver. Ensure the signature is clear and properly executed.

  7. Missing Notary Public Signature: Not having the document notarized when required can cause it to be unenforceable. Always check for this requirement.

  8. Failure to List All Parties: Omitting names and addresses of all parties involved can lead to legal challenges later. Be thorough in this section.

What You Should Know About This Form

  1. What is the purpose of the Chicago Title Waiver Format form?

    The Chicago Title Waiver Format form serves as a legal document that allows contractors and suppliers to waive their right to file a mechanics' lien against a property. This waiver is important for ensuring that all parties involved in a construction project are clear about payments made and any claims that may arise. By signing this form, the contractor acknowledges receipt of payment and releases any claims to the property.

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

    The form must be signed by the contractor or the supplier who has provided labor or materials for the project. This includes any subcontractors or material suppliers who may have a claim to the property. The signatures validate that all parties involved agree to waive their lien rights for the specified work.

  3. What information is required on the form?

    Essential details include the company name, address, and the name of the property owner. The form also requires the total contract amount, the amount received prior to this payment, and a breakdown of all parties involved in the project. Additionally, the form must include the signature of the contractor and a notary public to ensure its authenticity.

  4. What are "extras" in the context of this form?

    In this context, "extras" refer to any additional work or materials that go beyond the original contract agreement. This may include change orders, both verbal and written. It is crucial to note these extras on the form, as they can affect the total contract price and the amounts due to various parties.

  5. How does this waiver protect property owners?

    This waiver protects property owners by ensuring that all contractors and suppliers have been paid for their work. By waiving their lien rights, these parties agree not to file a claim against the property, which can simplify the ownership process and prevent legal disputes. It provides peace of mind to property owners that their property will not be subject to liens due to unpaid work.

  6. Is a notary public required for this form?

    Yes, the Chicago Title Waiver Format form must be notarized to confirm the identity of the signer and to validate the document. The notary public will witness the signing and provide an official seal, which adds an additional layer of security and authenticity to the waiver.

Chicago Title Waiver Format 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