Official Illinois Sworn Statement Form in PDF Open Editor

Official Illinois Sworn Statement Form in PDF

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.

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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.

Frequently Asked Questions

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.

Form Specifications

Fact Name Details
Purpose The Illinois Sworn Statement form is used to provide a detailed account of contractors and subcontractors involved in a construction project, ensuring transparency about payments and labor.
Governing Law This form is governed by the Illinois Mechanics Lien Act, which outlines the rights of contractors and subcontractors in relation to payment and liens on property.
Affiant Requirements The person completing the form, known as the affiant, must be duly sworn and provide their position within the contracting entity.
Payment Details The form requires detailed information about the amounts due for labor and materials, including retention amounts and net payments.
Notary Requirement A notary public must witness the signing of the form, adding a layer of verification to the statements made.
Waivers of Lien Contractors agree to provide waivers of lien for materials when requested, protecting the owner from potential claims against the property.
Payment Limitation The form specifies that the total amount paid to date, plus the current request, cannot exceed a certain percentage of the cost of work completed.
Documentation It is recommended that the owner obtain this sworn statement before each payment to ensure compliance and protect their interests.

Common mistakes

  1. 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.

  2. 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.

  3. Missing Signatures: Not signing the document can invalidate it. Always ensure that the appropriate parties sign the sworn statement before submission.

  4. 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.

  5. 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.

  6. Ignoring the Notary Requirement: The statement must be notarized. Skipping this step can render the document ineffective.

  7. Submitting Without Verification: Always review the completed form for accuracy before submission. Submitting without verification can lead to unnecessary delays and complications.

Form Preview

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

Dos and Don'ts

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:

  • Do read the entire form carefully before starting.
  • Do provide accurate information about the contractor and subcontractors.
  • Do ensure that all amounts listed are correct and reflect the work done.
  • Do sign the form in the designated area after completing it.
  • Don't leave any sections blank; fill out every part of the form.
  • Don't forget to include the total amount of the original contract.
  • Don't submit the form without verifying all calculations.
  • Don't ignore the requirement for Waivers of Lien; have them ready when needed.

Documents used along the form

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.

  • Contract Agreement: This document outlines the terms and conditions agreed upon by the contractor and the owner. It includes details about the scope of work, payment schedules, and timelines.
  • Change Order: A change order is used to document any changes to the original contract. It details modifications in the scope of work, costs, or timelines and must be agreed upon by both parties.
  • Waiver of Lien: This form is crucial for protecting the owner from potential liens. It confirms that the contractor or subcontractor has received payment for work done, thus waiving their right to file a lien against the property.
  • Notice of Intent to Lien: This document serves as a warning to the property owner that a lien may be filed if payment is not received. It is often sent before the actual lien is filed.
  • Payment Application: A payment application is submitted by the contractor to request payment for work completed. It typically includes detailed information about the work done and any amounts owed.
  • Subcontractor Agreement: This agreement outlines the relationship between the general contractor and subcontractors. It details the work to be performed and payment terms.
  • Medical Power of Attorney: This document allows individuals to appoint someone to make healthcare decisions on their behalf if they become unable to do so. For more information, visit https://allfloridaforms.com.
  • Schedule of Values: This document breaks down the total contract price into various components. It helps track progress and payments for different parts of the project.
  • Final Release of Lien: This form is used at the end of a project to confirm that all payments have been made and that all parties waive their right to file a lien on the property.

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.

Misconceptions

  • 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.