Illinois
Lien Waiver and Affidavit-All Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Waiver of Lien to Date, and Final Waiver of Lien

Scope: State of Illinois, All Works.

Time Constraints: A Illinois Lien Waiver and Affidavit is normally provided to the General Contractor or Owner by subcontractors and material men under specific conditions:

Waiver of Lien to Date: This is the safest form. Use whenever you have had a demand for a waiver and you have not as yet completed work on the job. This release allows you to continue recovery for continuing work.

Final Waiver of Lien: This is the most dangerous form. Use only if you have totally completed the job and do not expect to be paid for additional work or change orders. This is a total waiver of your lien rights, but not necessarily your contract rights and obligations!

Warning!: Illinois is a bit unusual in the United States, in that it’s releases require an Affidavit listing all parties that supplied labor or materials to your portion of the job. This information is supplied by entering data via the Other Liening Parties button on the Customer page. In this entry screen enter the company (Company tab) making the claim and the customer (Customer tab) who was supplied. If you leave the customer screen blank the program will presume that your company is the company supplied and use your company data for the waiver. If you do not supply information the program will automatically place a entry table on the form, but doing things this way requires that you still hand enter information on the waiver for your suppliers.

Information Requirements: The information required by the program.

Form Types: Waiver of Lien to Date, or Final Waiver of Lien, Exhibits A-D (if needed) and Owner Letter (if used).

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Provide to General Contractor or Owner.

When in doubt, file your lien claim immediately.

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