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Conditional vs. Unconditional Lien Waivers

GeorgiaLien ReleasesLien Waivers

We are working for a General Contractor who is asking for an unconditional lien waiver after payment of invoice where an interim (conditional) lien waiver was previously submitted prior to paying the next invoice. Does Georgia have a form for an unconditional lien waiver that is separate from a Final Lien Waiver and can the GC require that we fill out and submit this form?

1 reply

Feb 23, 2021

Georgia is one of the few states that regulate the form and content of lien waivers. And, unlike most states which have 4 different forms, the GA statutes provide only two; an Interim Payment Waiver and a Final Payment Waiver. Using any form other than the two provided by statute will not be valid.

What's unique about GA waivers is that they are all drafted as "conditional" waivers. However, if the claimant isn't paid within 90 days of executing the waiver (changed from 60 days beginning this year; 2021) a claimant must file an Affidavit of Nonpayment with the county clerk's office. If not, the waiver converts to an unconditional waiver, whether you've been paid or not.

 As far as requiring a waiver before payment, this is typically included either in the terms of the subcontract, or by incorporation of the terms of the original contract.

Here are some resources and form downloads you may find useful:

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