Free Illinois generator, no credit card required

Illinois
Lien Waiver Forms

Illinois lien waivers: draw-package practice with no prescribed statutory form

Create your Illinois waiver

About two minutes. The PDF is free to download.

Are you paying or getting paid?
Which waiver?

Free PDF download. No credit card. No watermark.

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.

What to know about Illinois lien waivers

  • Illinois voids lien-waiver clauses agreed to in anticipation of and in consideration for the award of a contract or subcontract (770 ILCS 60/1(d)). Exchange waivers for payment as the work progresses instead of waiving in the contract. Owners and title companies also typically require a contractor's sworn statement of subcontractors and balances (770 ILCS 60/5) with the waivers at each draw.

Illinois lien waiver forms we generate

Four house forms cover every payment on an Illinois project: conditional or unconditional, progress or final.

Conditional Progress

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 Progress

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 Final

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 Final

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.

Illinois has no statutory waiver form to download blank. The generator above fills in a general-purpose form with Illinois's signing rules built in instead.

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.

Illinois lien waiver questions

Which lien waiver forms does Illinois use?
Illinois does not prescribe a statutory lien waiver form, so the format is up to the parties. Our generator uses four general-purpose forms: conditional and unconditional waivers for progress and final payments.
Do Illinois lien waivers need to be notarized?
No. Illinois does not require lien waivers to be notarized.
What is the difference between a conditional and an unconditional lien waiver in Illinois?
A conditional waiver takes effect only once the payment it describes actually arrives; if the check bounces or never comes, your lien rights survive. An unconditional waiver gives up lien rights as soon as it is signed, whether or not you are ever paid, so sign one only after the money is in hand.
What is the difference between a progress and a final lien waiver in Illinois?
A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project.
Is a lien waiver signed in advance enforceable in Illinois?
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.

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.