Add Date Field To Legal Illinois Liens Forms For Free

In order for an Illinois lien waiver to be valid and enforceable, it it must be done by express agreement clearly stating an intent to waive mechanics lien rights. Lien waivers will fall under two main categories: progress payments or final payments.

Here is a field-by-field breakdown of this form: Name of Claimant. This is the name the party to be paid, and the party who will be signing the lien waiver document. ... Name of Customer. ... Job Location. ... Owner. ... Maker of the Check. ... Amount of the Check. ... Check Payable To. ... Exceptions.

Under the Mechanics Lien Act, the contract can be written or oral, however, a case based on an oral contract may be harder to prove. Ultimately, the written or oral contract must exist in some form and support the stipulations in the claim.

Both conditional and unconditional lien waivers are allowed, but conditional is viewed as the safer option. Illinois disallows any waiver of a right to claim a lien prior to performing work for a project. Illinois has no requirement that a lien waiver must be notarized.

The Mechanics Lien Act states that a claim for lien must (1) be verified by the affidavit of the contractor, its agent, or its employee; (2) describe the work that was performed under the contract; (3) claim a balance due after allowing all credits; and (4) provide a ?sufficiently correct? description of the lot, lots, ...

In Illinois, lien waivers protect contractors by requiring land owners to provide payment within stages of the project. A conditional waiver must be signed prior to payment in order to protect the contractor from providing labor and materials for which they are not paid.