Georgia Lien Waivers Guide and FAQs

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Georgia Lien Waiver FAQs

Georgia Lien Waivers Overview

Georgia Lien Waiver Rules


  • Rules at a Glance
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lien waivers regulated
Specific Form Required

Georgia requires lien waivers to follow the statutory template provided in order for the waiver to be valid and enforceable.


lien waivers do not need to be notarized
Notary Not Required

Georgia lien waivers must be “given under hand and seal” and witnessed, but this is different than notarization. However, if an Affidavit of Nonpayment is required after a lien waiver has been signed and delivered, the affidavit must be notarized.


icon-can't waive lien rights
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.


icon-can
Can Waive Rights Before Payment

Georgia lien waivers are all conditional; i.e. are not enforceable unless payment has been made. But if a lien claim or Affidavit of Nonpayment isn't filed within 60 days, the waiver becomes unconditional and binding; even if payment isn't made.

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’s lien waiver rules are particularly unique, as they are both conditional and unconditional. Each waiver is conditional for a period of 60 days. After 60 days, the lien waiver becomes unconditional; whether payment has been made or not. To stop this, the waiving party must either file an Affidavit of Nonpayment or file a GA mechanics lien within that 60-day timeframe.

*Note: The Georgia legislature recently enacted amendments to the lien waiver rules, which become effective on January 1, 2021. For more on these changes, see: Georgia Governor Signs Lien Waiver Changes into Law.

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 lien waivers to comply with the statutory forms provided in order for the waiver to be valid and enforceable. Any modifications to the required forms could potentially invalidate the waiver. These statutory form requirements are governed by O.C.G.A. §44-14-266.

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

*Note: changes to these form requirements become effective 1/1/2021

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

A Georgia lien waiver is only valid and binding if it is in the required statutory format, and signed by the party waiving lien rights.

It is important to keep track of lien waivers, specifically in Georgia. As executing a GA lien waiver can end up waiving more than just lien rights.

How do lien waivers work in Georgia?

Georgia’s lien waiver rules are particularly unique. Both statutorily provided forms are conditional waivers. However, 60 days after the lien waiver has been signed, the waiver converts into an unconditional waiver; whether payment has been made or not. To prevent this, the waiving party must either file an Affidavit of Nonpayment or file a GA mechanics lien claim within that time frame.

See: How do 60 Day expiration of lien rights work for Georgia lien waivers?

What is an Affidavit of Nonpayment? How does it affect Georgia lien waivers?

An Affidavit of Nonpayment is a document that the waiving party must file within 60 days of signing the waiver if they still haven’t been paid. This will prevent the waiver from becoming unconditional and binding on the waiving party. The Affidavit of Nonpayment must be signed, notarized, and filed with the Clerk of the Superior Court office of the county where the property is located.

See: How do I use an Affidavit of Nonpayment in Georgia?

Are unconditional lien waivers prohibited in Georgia?

No. As mentioned above, every Georgia lien waiver becomes an unconditional waiver after a certain period of time, unless certain actions are taken. If after signing a Georgia lien waiver, if payment hasn’t been made the waiving party must either file a Georgia mechanics lien or an Affidavit of Nonpayment within 60 days.

For more on the difference between the two, see: Unconditional vs. Conditional Lien Waivers

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 explicitly prohibits waiving lien rights in Georgia prior to furnishing labor or materials to the project; “Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing labor, services, or materials is null, void, and unenforceable.” This includes both lien waivers and contractual “no-lien clauses.

As far as waiving rights in advance of payment, this is possible if an Affidavit of Nonpayment or a lien claim isn’t filed within 60 days after execution of the waiver.

Do Georgia lien waivers need to 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 an Affidavit of Nonpayment is required after a lien waiver has been signed and delivered, the Affidavit 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.

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 Affidavit of Non-Payment Form - free from

Georgia Affidavit of Non-Payment Form

This free Georgia Affidavit of Non-Payment form, when filed correctly, prevents a lien waiver from automatically becoming unconditional in the event that payment is not...

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Georgia Final Lien Waiver Form | Free Template Download - free from

Georgia Final Lien Waiver Form | Free Template Download

Georgia Final Lien Waiver form This is the Georgia Final Waiver Form (also referred to as a Georgia Final Waiver and Release Upon Payment). Georgia...

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Georgia Interim Lien Waiver Form | Free Template Download - free from

Georgia Interim Lien Waiver Form | Free Template Download

Georgia Interim Lien Waiver form This is the Georgia Interim Waiver Form (also referred to as a Georgia Interim Waiver and Release Upon Payment). Georgia...

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