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Presenting lien waivers to homeowners

IllinoisLien Waivers

I'm a resident contractor in Illinois. We typically dont show amounts on the lien waivers. My client says it's the law to show all amounts for every subcontractor and suppliers on each lien waiver. Am I required to show the amounts?

2 replies

Feb 21, 2020
Illinois is not one of the 12 states with statutory lien waiver forms, so a lien waiver can take any form drafted and used by the parties. Accordingly, lien waivers in Illinois can take any form and be valid as long as there is an express agreement to waive certain lien rights. Since a lien waiver works as a kind of receipt for payment through which a potential lien claimant waives the right to file a mechanics lien for a certain amount, it can be beneficial to include the amount being waived and the through date on a waiver form in order to provide clarity. It is conceivable, however, that a waiver setting forth solely the date through which the potential claimant has been paid for all furnishing or labor and material, or a final waiver stating just that the party has been paid in full for the completion of work, would be sufficient.
Feb 21, 2020
Illinois lien waivers are relatively unregulated. However, there are three general types of lien waivers that are commonly used.
  • The first being a "through-date" or waiver of lien to date. This means that all labor and materials provided up until that date have been paid and that that value of lien rights have been waived.
  • The second being an "amount paid" lien waiver. This entails waiving lien rights in that exact amount of payment.
  • Lastly, a final lien waiver, which waives rights for any amount due under the contract.
Amount-paid is typically the safest, as if there are any disputed amounts or unapproved change orders, a through date waiver may end up waiving the right to collect those payments. But, there is no law specifically requiring an amount to be listed on the waiver form itself. For further reading: The Ultimate Guide to Lien Waivers

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