The court also noted the absence of plans, specifications, certificate of acceptance, and inspection report for the first payment to Hilmarc's; the absence of Hilmarc's billings, progress reports of accomplishment and inspection reports for succeeding payments; and the lack of a certification of final inspection and contractor's affidavit
on the payment of labor and material for the final payment.
Secondly, Illinois law requires a reciprocal duty between the owner and the general contractor for the owner to request and the general contractor to furnish a sworn contractor's affidavit listing all persons delivering labor or materials to the project, including their name, address, amount of contract and description of work, In order for a general contractor to maintain its lien rights, it must furnish a sworn contractor's affidavit pursuant to 770 ILCS 60/5 to the owner.
To assure their statutory compliance with the owner, Illinois law requires an original contractor to include a separately printed statement in each construction contract with the owner stating the following: "THE LAW REQUIRES THAT THE CONTRACTORS SHALL SUBMIT A SWORN STATEMENT OF PERSONS FURNISHING MATERIALS AND LABOR BEFORE ANY PAYMENTS ARE REQUIRED TO BE MADE TO THE CONTRACTOR." The statutory provisions mandated by 770 ILCS 60/5 require the general contractor to be sure their written contract contains the requisite statutory language and to furnish the owner with the sworn contractor's affidavit listing all parties employed on the project.
Final contractor's affidavit
. In the 1997 case of Craftsman Constructors, Inc.
For a lienor who performs work during the latter phase of a project, 45 days can be shortened if the project is completed, the contractor provides a Final Contractor's Affidavit
, and the owner and lender make final payment to the contractor prior to receipt of the Notice to Owner.