Georgia Lien Waiver Guide
Georgia requires statutory lien waiver forms. Non-compliant waivers may be void and unenforceable.
Key Information
Waiver Type
Statutory
Filing Deadline
90 days from last work performed for subcontractors; filing of claim of lien required within specific periods
Notice Requirements
No preliminary notice required for contractors. Subcontractors must file a preliminary notice (Notice of Commencement) within certain timeframes.
Key Statutes
O.C.G.A. §44-14-360 et seq.; §44-14-366 (waiver forms)
Waiver Types in Georgia
Conditional Waiver on Progress PaymentRequired
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress PaymentRequired
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final PaymentRequired
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final PaymentRequired
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
Georgia Lien Waiver Rules
Georgia enacted statutory lien waiver forms effective July 1, 2007. Only the statutory forms (or forms substantially similar) are enforceable. The state provides four standard forms: conditional/unconditional for both progress and final payments. Using non-compliant forms may render the waiver void.
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