Georgia Lien Waivers Guide and FAQs

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Georgia Lien Waivers Overview

Georgia Lien Waiver Rules


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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:

Guide to Georgia’s Interim Lien Waiver for Progress Payments

Guide to Georgia’s Final Lien Waiver for a Final Payment

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.

Georgia Lien Waivers FAQs

Georgia's lien waiver rules and requirements can be difficult to understand. This can create some difficult situations for construction participants in Georgia, who have to navigate providing waivers in order to get paid as quickly as possible, but without giving up more than they bargained for. We have answers to some of the most common questions about Georgia's lien waiver rules below.

Georgia Lien Waiver Faqs

Does Georgia require a specific statutory lien waiver form?

Yes, Georgia requires a lien waiver to comply with the statutory forms provided in order for the waiver to be valid and enforceable. You can find a guide to the Georgia lien waiver forms and supporting information here:

Guide to Georgia’s Interim Lien Waiver for Progress Payments

Guide to Georgia’s Final Lien Waiver for a Final Payment

 

What are the requirements for an Georgia lien waiver? What makes a lien waiver binding?

A lien waiver is not valid and enforceable unless it is a duly executed lien waiver in compliance with the statutory form and the waiving party has been paid.

Are Unconditional Lien Waivers Prohibited in Georgia?

No, as long as they are not in advance of payments and/or furnishing of the labor and/or materials.

You can read more about the weird way in which Georgia lien waivers are both conditional and unconditional here.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Georgia?

Yes, the statute holds that the right to claim a lien may not be waived in advance of the furnishing of the labor and/or materials to the project.  The waiving party must have also been paid in order for the waiver to be valid and enforceable.

Must a Georgia lien waiver be notarized?

No. Georgia lien waivers must be “given under hand and seal” and witnessed, but there is no specific requirement for notarization. Note, however, that if a Notice of Nonpayment is required after a lien waiver has been signed and delivered, the Notice of Nonpayment does require notarization.

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Free Georgia Lien Waivers Forms & Templates

Georgia has specific lien waiver forms that must be used by everyone on an Georgia construction project. Using these forms is safe, easy, stress-free, and fair for everyone involved. Under some circumstances, parties can agree to use other lien waiver forms in Georgia.

The forms provided here for free by Levelset are compliant with the Georgia rules. You can download them free, or use our free system to send or request your compliant Georgia lien waiver form.

Free Georgia Lien Waiver Forms

These Georgia lien waiver forms are compliant with the state's requirements. Make it easy, and use forms from the source you can trust.

Georgia Final Lien Waiver Form - free from

Georgia Final Lien Waiver Form

This is the Georgia Final Waiver and Release Upon Final Payment. Georgia lien waivers are not separated between conditional and unconditional as all “become” unconditional...

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Georgia Partial Lien Waiver Form - free from

Georgia Partial Lien Waiver Form

This is the Georgia Interim Waiver and Release Upon Payment. Georgia lien waivers are not separated between conditional and unconditional as all “become” unconditional after...

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