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How can you find out if a contractor has a lien waiver on your property?

We signed an agreement for a contractor to do work on a property. We chose to cancel the contract. I want to know if there is a way that I can find out if that General Contractor has a lien waiver on my property. I need to pay them for the work that they have done, but want to make sure that once paid, I am free and clear from them.

1 reply

Aug 20, 2020

I think the terminology is off a bit here, but we've got you covered. Is a lien filed on your property? First and foremost, under IL mechanics lien law, if the property is an owner-occupied, residential property, the contractor is required to send notice of the lien filing to the owner within 10 days of filing. Failure to do so isn't fatal to their claim, but if you suffered any damages before receiving notice, that can offset the claim. If not, then you can always contact the county recorder's office and provide your property information. That's where the claim will be recorded. Here's a list of IL recorder's offices and their contact info. Lien waiver vs. lien release Since you are ready to pay let's go through each scenario. If a lien has been filed, you should send a written demand for release of the claim along with payment. Once the payment and demand are received, the claimant is required to discharge the claim within 10 days under §770 ILCS 60/35. See:

If a lien hasn't been filed, then you will want a final payment lien waiver in exchange for payment. The lien waiver acts as a receipt for payment, and waives the remaining lien rights. An unconditional wavier will be effective upon signing, while a conditional waiver will be effective once payment is received. the contract will likely want to use a conditional wavier. But as long as you pay, you and your property will be protected. See:

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