The Illinois Sworn Statement form serves as a crucial document in construction and contracting, ensuring transparency between contractors, subcontractors, and property owners. This sworn statement outlines the work completed, the amounts due, and the parties involved, providing a clear record of financial obligations. By requiring this form before payment, owners protect themselves from potential disputes regarding unpaid labor and materials.
The Illinois Sworn Statement form serves a critical role in construction and contracting processes within the state. This document is designed to ensure transparency and accountability between contractors, subcontractors, and property owners. By providing a detailed account of all parties involved in a construction project, it outlines who has been contracted, the work being performed, and the financial obligations tied to those services. Specifically, the form captures essential information such as the amounts due for labor and materials, as well as the total value of the contract and any adjustments made throughout the project. It also stipulates the requirement for Waivers of Lien, which protect the owner from potential claims against the property. The form must be signed and notarized, affirming the accuracy of the statements made. Importantly, it is a best practice for property owners to obtain this sworn statement before making any payments, thereby safeguarding their interests and ensuring that all contractors and subcontractors are compensated appropriately for their work.
What is the purpose of the Illinois Sworn Statement form?
The Illinois Sworn Statement form serves as a declaration from contractors and subcontractors to the owner and the title company. It outlines the work completed, the amounts due, and ensures transparency in payment processes. This form helps protect the rights of all parties involved by documenting who has worked on the project and what they are owed.
Who needs to fill out the Illinois Sworn Statement form?
Typically, the contractor or subcontractor responsible for the work must complete the form. It is essential for those who have provided labor or materials for the project. The owner should ensure that this form is obtained before making any payments to safeguard against potential claims or disputes.
When should the Illinois Sworn Statement form be submitted?
The form should be submitted before each payment is made for the project. This ensures that all parties are aware of the amounts due and that the contractor has fulfilled their obligations before receiving payment. It is a critical step in maintaining clear communication and trust throughout the project.
What information is required on the Illinois Sworn Statement form?
The form requires details such as the contractor's name, the owner’s name, the project location, and a breakdown of the work completed. It also includes the amounts due for labor and materials, any previous payments made, and the balance remaining. Providing accurate information is crucial to avoid any misunderstandings.
What happens if the Illinois Sworn Statement form is not submitted?
If the form is not submitted, the owner may face risks, such as potential claims from subcontractors or suppliers who have not been paid. This could lead to liens being placed on the property, which can complicate future transactions. It’s in everyone’s best interest to ensure the form is completed and submitted timely.
Is a notary required for the Illinois Sworn Statement form?
Yes, the form must be signed in front of a notary public. This adds a layer of authenticity and ensures that the information provided is verified. The notary’s seal confirms that the affiant has sworn to the truthfulness of the statements made in the document.
Can the Illinois Sworn Statement form be modified?
While the essential elements of the form should remain intact to fulfill its purpose, specific details may be adjusted to reflect the project accurately. However, any modifications should be approached with caution. It’s advisable to consult with a professional to ensure compliance with legal requirements and protect all parties involved.
Incomplete Information: Failing to fill out all required fields can lead to delays. Ensure that every section is completed, especially the names and addresses of all contractors and subcontractors involved.
Incorrect Amounts: Double-check the amounts listed for retention, payments, and balances. Errors in these figures can cause confusion and may result in payment issues.
Missing Signatures: Not signing the document can invalidate it. Always ensure that the appropriate parties sign the sworn statement before submission.
Not Including Waivers of Lien: It is crucial to provide waivers of lien for all materials when requested. Omitting this can lead to disputes or payment delays.
Failure to Update Information: If there are changes in the contract or payment amounts, make sure to update the sworn statement accordingly. Outdated information can create complications.
Ignoring the Notary Requirement: The statement must be notarized. Skipping this step can render the document ineffective.
Submitting Without Verification: Always review the completed form for accuracy before submission. Submitting without verification can lead to unnecessary delays and complications.
GREATER ILLINOIS TITLE COMPANY
SWORN STATEMENT OF CONTRACTOR AND SUBCONTRACTOR
TO OWNER AND TO GREATER ILLINOIS TITLE COMPANY
STATE OF ILLINOIS
} ss.
COUNTY OF _________________________
Page___________ of ___________ Pages
The affiant, _____________________________________________________________________________ being first duly sworn, on oath deposes
and says that he is _______________________________________________________________________________________________________
of _________________________________________________________________________________________________that ___________ has
contract with __________________________________________________________________________________ , owner ______________ for
______________________________________________________________________________________________________________________
on the following described premises in said County, to wit:________________________________________________________________________
That, for the purposes of said contract, the following persons have been contracted with, and have furnished, or are furnishing and preparing materials for, and have done or are doing labor on said improvement. That there is due and to become due them, respectively, the amounts set opposite their names for materials or labor as stated. That this statement is a full, true and complete statement of all such persons, the amounts paid
and the amounts due or to become due to each.
1
2
3
4
5
6
7
Amount of
Retention
Net of Previous
Net Amount
Balance To
Name and Address
Kind of Work
Become Due
Contract
(inc. Current)
Payments
This Payment
(Inc. Retentions)
TOTAL
AMOUNT OF ORIGINAL CONTRACT
$ ___________________ WORK COMPLETED TO DATE
$ ___________________
EXTRAS TO CONTRACT
LESS ____________% RETAINED
NET AMOUNT EARNED
TOTAL CONTRACT AND EXTRAS
NET PREVIOUSLY PAID
CREDITS TO CONTRACT
NET AMOUNT OF THIS PAYMENT
ADJUSTED TOTAL CONTRACT
BALANCE TO BECOME DUE (Inc. Retention) $ ___________________
It is understood that the total amount paid to date plus the amount requested in this application shall not exceed _______% of the cost of work
completed to date.
I agree to furnish Waivers of Lien for all materials under my contract when demanded.
SIGNED ______________________________________________ POSITION _____________________________________________________
Subscribed and sworn to before me this __________________________ day of ______________________ , ____________
SEAL:
_____________________________________________________________
Notary Public
The above sworn statement should be obtained by the owner before each and every payment.
Copyright ©2005 Greater Illinois Title Company. All Rights Reserved. http://gitc.com/forms/
Compliments of Greater Illinois Title Company; for Internal and External Use.
Universal Doc Ref: GP_IEF0027-20050804-R1-0
When filling out the Illinois Sworn Statement form, it's important to be thorough and accurate. Here are some dos and don'ts to keep in mind:
When dealing with construction projects in Illinois, several documents often accompany the Illinois Sworn Statement form. Each of these documents serves a specific purpose and helps ensure that all parties involved are protected and informed. Below is a list of commonly used forms.
Understanding these documents can help ensure a smoother construction process. Each form plays a vital role in protecting the rights of all parties involved and ensuring that the project runs efficiently.
Misconception 1: The sworn statement is only necessary for large projects.
This is not true. The Illinois Sworn Statement form is required for all construction projects, regardless of size. It ensures that all contractors and subcontractors are properly documented and paid for their work.
Misconception 2: Only the general contractor needs to submit the sworn statement.
In reality, all contractors and subcontractors involved in the project must provide their information on the sworn statement. This transparency protects everyone involved in the construction process.
Misconception 3: The sworn statement is optional if the owner knows the contractors.
This is a common misunderstanding. The sworn statement is a legal requirement and must be obtained by the owner before each payment. Knowing the contractors does not exempt the owner from this obligation.
Misconception 4: A sworn statement guarantees payment to contractors.
A sworn statement does not guarantee payment. It is a declaration of amounts due and serves as a record. Payment depends on the terms of the contract and the owner’s financial situation.
Misconception 5: The sworn statement is only for the owner’s benefit.
While it does protect the owner by ensuring all parties are documented, it also benefits contractors and subcontractors. It provides them with a formal record of their work and payments due, helping to prevent disputes.
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