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I signed a contract with a pool contractor. All the work was done by subs. I want a lien waiver from the subs.

IllinoisLien Waivers

The contractor said that waivers from subs aren't given because my contract is with him. Is this correct?

1 reply

Feb 28, 2020

Collecting lien waivers from all parties on a project is a good practice, and a good way to avoid potential mechanics lien liability. In fact, it is a common practice for parties to obtain lien waivers from sub-tier parties prior to authorizing payment. However, Illinois is generally an "unpaid balance" lien state - which means that a property owner is protected from paying twice, and that mechanics liens are not allowed when the property owner has paid the GC in full. In order to gain this protection, Illinois law requires that the owner "demand from the contractor, prior to payment, a sworn statement listing all subcontractors providing labor and materials to the contractor" and the state of payment.

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