Illinois Lien Waiver Guide
Illinois accepts custom lien waiver forms. No statutory forms are mandated.
Key Information
Waiver Type
Non-Statutory
Filing Deadline
2 years for prime contractors; 4 months for subcontractors from last work
Notice Requirements
Subcontractors must serve a 60-day notice (contractor's notice) on the owner.
Key Statutes
770 ILCS 60/1 et seq. (Mechanics Lien Act)
Waiver Types in Illinois
Conditional Waiver on Progress Payment
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress Payment
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final Payment
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final Payment
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
Illinois Lien Waiver Rules
Illinois does not have mandatory statutory waiver forms, but the Mechanics Lien Act provides detailed requirements for lien rights. Partial waivers for progress payments are common. Illinois courts generally enforce clear, unambiguous waivers that are supported by consideration.
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