Illinois
Lien Waiver Forms
Illinois lien waivers: draw-package practice with no prescribed statutory form
State Rules
How Illinois treats lien waivers
Illinois does not prescribe a statutory lien waiver form: the Mechanics Lien Act (770 ILCS 60) leaves the format to the parties, so our general-purpose conditional and unconditional progress and final waivers apply. What Illinois does regulate is advance waivers: under 770 ILCS 60/1(d), an agreement waiving lien rights made in anticipation of and in consideration for the award of a contract or subcontract is against public policy and unenforceable. In practice, owners and title companies pair waivers with the contractor's sworn statement required by 770 ILCS 60/5 at every payment draw.
Illinois lien waiver forms we generate
Four house forms cover every payment on a Illinois project: conditional or unconditional, progress or final.
Conditional Waiver and Release of Lien: Progress Payment
Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.
Unconditional Waiver and Release of Lien: Progress Payment
Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.
Conditional Waiver and Release of Lien: Final Payment
Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.
Unconditional Waiver and Release of Lien: Final Payment
Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.
Signing a lien waiver in Illinois
Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Illinois, built into every waiver we generate.
Advance waivers
770 ILCS 60/1(d): an agreement to waive or subordinate lien rights under the Illinois Mechanics Lien Act is against public policy and unenforceable where it is made in anticipation of and in consideration for the awarding of a contract or subcontract; no-lien clauses in the construction contract itself are void.
Illinois execution rules
- ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
- ✓ Notarization: not required in Illinois.
- ✓ Witness: not required in Illinois.
- ✓ E-signature: available. Send Illinois waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.
Create a free Illinois lien waiver
The correct Illinois form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.
Working in another state?
Every state's waiver rules are different. Check before you sign.