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What does the through date on a waiver form represent?

IllinoisLien Waivers

The waiver form (requested) has a through date of 3/31/2020 for payment issued for 5 invoices. (1) Invoice date of 1/28 payment was posted on 1/28, (2) invoice date of 1/31 payment posted on 3/23, (3) invoice date of 2/14 payment posted on 3/23, (4) invoice date of 2/25 payment posted on 4/15, (5) invoice date of 4/6 payment posted on 5/4. What does (should) the through date represent?

1 reply

May 6, 2020
A "through date" on a lien waiver is meant to represent the date through which labor or material provided is no longer protected by mechanics lien rights. In other words, the amount of payment that's being exchanged for the lien waiver should match up to the value of services provided up until the date you write down as the through date. Waivers without through dates will waive rights for work provided up until the date the waiver is signed. Those with through dates are meant to ensure that the party is waiving the appropriate amount of lien rights. Getting this wrong can end up waiving more rights than intended, which happened to this Arizona subcontractor. Another important thing to note, the state of Illinois doesn't regulate the actual form or content of lien waivers. So here's are a few things you should look out for before signing a lien waiver. In fact, we have a ton of resources on lien waivers. If you're looking for more on the topic, check out our Ultimate Guide to Lien Waivers.
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