The Illinois Sworn Statement form is a legal document used to provide a detailed account of contractors and subcontractors involved in a construction project. This form ensures transparency regarding payments due for labor and materials, protecting both the owner and the contractors. For guidance on completing the form, please click the button below.
The Illinois Sworn Statement form serves a crucial role in the construction and contracting process, ensuring transparency and accountability between contractors, subcontractors, and property owners. This document requires the contractor or subcontractor to declare under oath the names of all individuals or entities involved in the project, as well as the amounts owed for labor and materials. It outlines the financial aspects of the contract, detailing the total contract amount, work completed to date, any extras, and the net amount earned. By providing a clear breakdown of payments, including any retained amounts, the form helps to prevent disputes and misunderstandings regarding financial obligations. Furthermore, it establishes a commitment to furnish Waivers of Lien upon request, reinforcing the importance of securing the property owner's interests. The sworn statement must be obtained before each payment, ensuring that all parties are informed of the financial status of the project. This structured approach fosters trust and clarity in the construction process, which is essential for successful project completion.
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
After completing the Illinois Sworn Statement form, the next step involves submitting it to the appropriate parties, including the owner and the Greater Illinois Title Company. Ensure that all information is accurate and that the form is signed and notarized as required.
The Illinois Sworn Statement form serves as a declaration by contractors and subcontractors regarding the work performed and materials supplied for a specific project. It ensures that all parties involved are aware of the financial obligations and the status of payments related to the contract. This transparency helps protect the interests of the owner and the title company.
The form must be completed by the contractor and any subcontractors involved in the project. Each party should provide details about the work they have done, the materials they have supplied, and the amounts due to them. This information is crucial for maintaining accurate records and ensuring that payments are made appropriately.
The sworn statement should be obtained by the owner before each payment is made to the contractor or subcontractors. This requirement helps ensure that all parties are aware of any outstanding balances and that no payments are made without proper documentation of work completed.
The form requires several key pieces of information, including:
All entries should be accurate and reflect the current status of the project.
Retention amounts are funds withheld from the contractor or subcontractor until the project is completed satisfactorily. This practice protects the owner from incomplete or unsatisfactory work. The sworn statement outlines these retention amounts, ensuring that all parties understand what is being held and why.
Yes, the contractor agrees to furnish Waivers of Lien for all materials under their contract when requested. This requirement is crucial as it protects the owner from potential lien claims by ensuring that all subcontractors and suppliers have been paid for their work and materials.
Providing inaccurate information on the sworn statement can lead to disputes over payments and potentially legal issues. It is essential for all parties to ensure that the details are complete and truthful to avoid complications and protect their rights under the contract.
While the form itself is standardized, specific details related to the project can be customized as needed. However, any modifications should still comply with Illinois law and the requirements set forth by the title company. It is advisable to consult with legal counsel if significant changes are necessary.
Incomplete Information: Failing to provide all required details, such as the name of the contractor or subcontractor, can lead to delays or rejections.
Incorrect Amounts: Entering wrong figures for the amounts due or previously paid can create discrepancies that complicate the payment process.
Missing Signatures: Not signing the form or having the wrong person sign can invalidate the statement.
Not Notarizing: Failing to have the statement notarized as required can render it legally ineffective.
Ignoring Deadlines: Submitting the form late can jeopardize payment timelines and relationships with owners.
Omitting Waivers of Lien: Not providing necessary waivers when requested can delay payments and create legal issues.
Incorrect Contract References: Failing to accurately reference the contract details can lead to confusion and disputes.
Neglecting to Update Information: Not revising the statement to reflect changes in amounts or work completed can mislead all parties involved.
Using Incorrect Forms: Submitting an outdated or incorrect version of the sworn statement can cause processing issues.
Not Reviewing the Statement: Skipping a thorough review before submission can result in errors that could have been easily caught.
The Illinois Sworn Statement form is an essential document in construction projects, particularly for ensuring that contractors and subcontractors are paid appropriately. Several other forms and documents often accompany this statement to provide a comprehensive overview of the contractual obligations and financial arrangements. Below is a list of commonly used documents.
These documents work together to create a clear understanding of the obligations and rights of all parties involved in a construction project. Proper use of these forms helps to ensure that the project runs smoothly and that all parties are protected throughout the process.
The Illinois Sworn Statement form is similar to the Affidavit of Title, which is commonly used in real estate transactions. This document serves as a sworn statement by the property owner regarding the status of the title. Just like the Sworn Statement, it requires the affiant to affirm the accuracy of the information provided, ensuring that there are no undisclosed liens or encumbrances on the property. Both documents aim to protect parties involved by providing a clear, sworn account of the facts surrounding a contract or title.
Another document akin to the Illinois Sworn Statement is the Lien Waiver. This form is often used in construction projects to ensure that subcontractors and suppliers waive their right to file a lien against the property once they have been paid. Similar to the Sworn Statement, it requires a formal acknowledgment of payment and serves to protect the owner from future claims related to unpaid work or materials.
The Contractor's Affidavit is also comparable to the Illinois Sworn Statement. This affidavit is typically submitted by contractors to affirm that all subcontractors and suppliers have been paid for their work. Like the Sworn Statement, it provides a layer of assurance to the property owner that there are no outstanding debts that could lead to a lien, thereby safeguarding the owner’s financial interests.
The Final Payment Affidavit is another document that shares similarities with the Illinois Sworn Statement. This affidavit is executed at the conclusion of a project, confirming that all work has been completed and that all payments have been made. It serves a similar purpose by ensuring that all parties involved have fulfilled their contractual obligations, thus protecting the property owner from potential claims.
A Construction Payment Application bears resemblance to the Illinois Sworn Statement as well. This document is used by contractors to request payment for work completed. It details the amounts due and serves as a formal request for payment, much like the Sworn Statement, which outlines the amounts owed to various subcontractors and suppliers.
The Statement of Work is another document that has parallels with the Illinois Sworn Statement. This document outlines the specifics of the work to be performed under a contract. While it does not serve as a sworn statement, it provides essential details that can be referenced in a Sworn Statement, ensuring that all parties are clear about the scope of work and obligations.
Moreover, the Payment Bond is similar in function to the Illinois Sworn Statement. A Payment Bond guarantees that subcontractors and suppliers will be paid for their work, providing security to the property owner. Both documents aim to mitigate risks associated with non-payment and protect the interests of all parties involved in a construction project.
The Subcontractor's Statement is another document that shares characteristics with the Illinois Sworn Statement. This statement is provided by subcontractors to confirm their understanding of the project and the amounts they are owed. Like the Sworn Statement, it serves to clarify financial obligations and ensure transparency in the payment process.
Lastly, the Notice of Intent to Lien can be compared to the Illinois Sworn Statement. This document is filed by a contractor or supplier to notify the property owner of their intent to file a lien if payment is not received. Both documents are crucial in the construction industry, as they help to outline financial responsibilities and protect the rights of those who have contributed to the project.
When filling out the Illinois Sworn Statement form, it is important to follow certain guidelines to ensure accuracy and compliance. Below are four key actions to take and avoid:
Understanding the Illinois Sworn Statement form is crucial for contractors and subcontractors. However, several misconceptions can lead to confusion. Here are five common misunderstandings:
By addressing these misconceptions, contractors and subcontractors can better navigate the requirements of the Illinois Sworn Statement form and protect their rights to payment.
When filling out and using the Illinois Sworn Statement form, consider the following key takeaways: