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Multiple vs. One Waiver of Lien?

IllinoisLien Waivers

As a construction company that elicits work from sub-contractors in the state of Illinois, is it possible to create a lien waiver that is applicable to multiple instances of work rendered? For example, either: 1. We can create a single waiver document that outlines all the projects rendered with a subcontractor as it pertains to multiple job locations and job amounts at a specific given time (weekly). Or 2. We can fashion some contractual waiver of lien that suffices as a general waiver sufficient for all projects performed in a given year- so long as the division of subsequent payments, and the breakdown of such, is outlined in the contract. Is there any legal way to fashion either of the two aforementioned scenarios in the state of Illinois?

1 reply

Dec 7, 2021

You ask if it would be possible to create a waiver documents that would apply to multiple projects. 

The Short Answer is "Yes," as long as the Waiver contains all the necessary information for each lien waived (owner, project, addrdess, work performed, sums due, etc.).

The Longer Answer is "No," as in this is feasible but not a great idea. It is too easy to confuse the subject of the Waiver. For that matter, a single change could unwind the whole Waiver.

Perhaps the better strategy is to use an easily customizable template - better yet, make that template dynmic as to the waiving pary, owner, amounts, time period, etc. This can be done via an online platform that allows for dynamic (changeable) inserts. You may wish to consult a programer for this.

Finally, it almost sounds as if what you really want is a reverse Sworn Statement. Instead of multiple contractors on a single project, you want multiple projects worked on by a single contractor. In the end, it is all possible, as long as the law is honored. Failure to do so may well cause you to lose the protection that a Lien Waiver represents.

I hope this information was helpful. Best of luck!

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