Conditional Waiver of Lien Rights
(Mechanic's Lien) (IL)

Summary

This conditional waiver of lien rights is used in Illinois by a contractor to waive its lien rights and is conditioned on receipt of the payment described in the waiver and release. This template includes practical guidance and drafting notes. Though this waiver is given after lien rights come into existence and in order to induce payment, note that in Illinois, lien waivers may not be given in anticipation of and in consideration for the awarding of a contract or subcontract to perform work or supply materials for an improvement upon real property. See 770 Ill. Comp. Stat. Ann. 60/1. For more information about mechanic’s liens in Illinois, see Mechanic's Lien Resource Kit (IL), Contractor's Claim for Lien (Mechanic's Lien) (IL), and Demand for Release of Mechanic's Lien (IL). For a full listing of key content covering mechanic's liens, see Mechanic's Lien Resource Kit. See also Mechanic's Lien State Laws Survey.