Specific Lien Waiver Forms For Illinois Must be Used

Here are a few types of lien waivers and a specific form must be used for each:
Corp & LLC

A mechanics lien in for Corporations and LLCs.


A mechanics lien in for Individuals.

Waiver templates

Waiver Templates for a variety of use cases.

Prevailing Wage Forms

Prevailing wage forms for variety of use cases.

Requesting, Sending, and Tracking StateName Lien Waiver Forms Manually?

How many hours per week does your finance team spend on the lien waiver portion of your billing process?
Do you have an extra staff member on hand just to keep up with lien waivers?
If you’re managing subcontractors and using multiple suppliers, how many lien waivers are you gathering for each progress payment request?
Tracking & Organization
Are you using spreadsheets to track lien waiver requests and receipts?

Your lien waiver process may be hindering your cash flow. And human error in lien waiver generation can be costly. Flexbase is the finance superapp solution for construction companies, helping them improve cash flow and get paid faster.

Lien Waivers Are Only One Piece of the Construction Billing Process — Flexbase Has Many Other Solutions to Improve Your Cash Flow

Illinois Lien Waiver FAQs

In Illinois, who fills out a lien waiver?

Lien waivers are usually completed by a member of your accounting team. All persons participating in a construction project — from suppliers to the general contractor — may send and request lien waiver forms.

When is a lien waiver needed in Illinois?

Lien waivers are requested when they are included in a checklist of documents required for payment. Even though lien waivers are not mandatory, they are recommended in the construction industry.

How do lien waivers work in Illinois?

Lien waivers protect everyone participating in a construction project from a mechanics lien. When a stakeholder on a job isn’t paid, they may place a lien on the property for non-payment. Lien waivers are used as proof of payment in the construction industry.

What rights are waived with an Illinois lien waiver?

A lien waiver waives the right for a payee to sue a payor for non-payment. Because the lien waiver shows proof of payment, a lien can’t be placed on a property based on the non-payment of construction costs.

Do I need to use a specific lien waiver form in Illinois?

No. Illinois state legislation does not require a statutory form for lien waivers. Any language and format may be used.

Is there more than one type of lien waiver form in Illinois?

Yes. Illinois recognizes four lien waiver forms, though there is no statutory format for each:

  • Partial conditional lien waiver upon progress payment
  • Partial unconditional lien waiver upon progress payment
  • Final conditional lien waiver upon final payment
  • Final unconditional lien waiver upon final payment
What is an unconditional lien waiver?

In Illinois, unconditional lien waiver forms are used only when payment for supplies or work has been received. Because payment has been made, you waive your right to place a lien on a property. It’s crucial to understand that an unconditional lien waiver won’t protect you against insufficient funds (a bounced check). Only sign an unconditional lien waiver if the money is in your account.

What is a conditional waiver of lien (Illinois)?

A conditional lien waiver (Illinois) can be used before payment is made. The “condition” being that payment is expected and lien rights are to be waived once payment has been made.

How to fill out a waiver of lien in Illinois?

You have three options — create and fill out your own lien waiver form, Illinois lawyers can create a form for your accounting team to complete, or Flexbase’s templates can semi-automate the lien waiver process — ensuring total compliance and accuracy.

Does a lien waiver need to be notarized in Illinois?

No. Even though it may be standard practice for some businesses to request notarization, lien waivers are not required to be notarized in Illinois.

Should I sign a lien waiver before payment in Illinois?

Other than a conditional lien waiver form, you should not sign any lien waiver before payment. This means you waive your right to put a lien on the property only after payment is received.

Can a contractor or supplier waive their lien rights in their contract?

No. Lien rights can’t be waived before the project begins. Labor law in Illinois explicitly states the right to place a mechanics lien on a property and lien rights are not allowed to be waived in a contract.

Are lien waivers needed on materials in Illinois?

Only if a contractor or subcontractor expects lien waivers from the suppliers on a job prior to releasing payment will lien waivers will be required for materials.

This page is intended only for informational purposes. It is not intended to replace the advice of a legal team.  If you have questions about lien waivers or construction lien laws, consult a legal representative.

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