Georgia Lien Waiver Rules
- Rules at a Glance
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Specific Form Required
Georgia requires lien waiver to follow the statutory template provided in order for the waiver to be valid and enforceable.
Notary Not Required
Georgia lien waivers must be “given under hand and seal” and witnessed, but this is different than notarization. However, if a Notice of Nonpayment is required after a lien waiver has been signed and delivered, the Notice of Nonpayment must be notarized.
Cannot Waive Rights in Contract
Georgia law prohibits waiving the right to claim a lien in advance of the furnishing of the labor and/or materials to the project.
Cannot Waive Rights Before Payment
Georgia statutes require that the waiving party must have been paid in order for the waiver to be valid and enforceable.
Georgia lien waivers are regulated in form and in timing. This is great news for contractors, suppliers, lenders, property developers, and anyone else on a Georgia construction project. Georgia is just one of 12 states that provide statutory lien waiver forms and have specific lien waiver laws. And, while it may seen frustrating to need to comply with specific statutory requirements, on every waiver, the truth is that it makes it much, much easier to know what you are providing and receiving, and to check if things are on the up and up.
Lien waivers can be complex documents. But, given how often they are exchanged, they are often times rubber-stamped and given no attention. A lien waiver works like a receipt that payment has been made, or has been promised, for work or materials furnished on a job. These documents are exchanged at the time of payment, and commonly attached to subcontractor pay applications or vendor invoices.
There are different types of lien releases for different types of situations, depending on whether payment has been made or was promised, and whether the project has ended or is ongoing. Since they are generally required with nearly every pay application or invoice, and for all parties on the payment chain, one frustrating thing about lien waivers is that the process of sending, requesting, tracking, and collecting lien waivers is an administrative pain that slows down payment.
As mentioned above, Georgia provides a Lien Waiver Form Template in its statutes, and that particular template should be used by everyone in Georgia in order to ensure their lien waivers are compliant and enforceable.
You can find guides to Georgia interim and final lien waivers (forms, how-tos, and more) at the following links:
Georgia has some very interesting and unique features of its law with respect to lien waivers. You can find all the information you need to get a handle on your Georgia lien waiver processes on this page.