My company performs subcontract work for a contractor domiciled in Georgia. When submitting applications for payment, the contractor's release form, which includes the following language, is required: "When you execute and submit this document, you shall be conclusively deemed to have been in full the amount stated above, even if you have not actually received such payment, 60 days after the date stated above unless you file either an affidavit of nonpayment or a claim of lien prior to the expiration of such 60 day period." The contractor has a very slow payment history, and almost never remits payment to my company within the 60 day period referenced above. However, the vast majority of work that my company performs for this contractor is located outside the State of Georgia, and so I am wondering whether the above-referenced statement is enforceable when the release being given applies to materials and labor being furnished to projects located outside Georgia?
The language that you cited is the statutorily required language for Georgia lien waivers under OCGA §44-14-366 . Georgia is one of just 12 states that actually regulates the form and content of lien waivers. And this specific language relates to the unique laws surrounding Georgia's lien waiver procedure. As far as jursidictional applicability, the lien laws of the state where the property is located will govern a potential claimant's lien rights.
So, in short, if you are operating in one of the 12 states that have statutory lien waivers, other than Georgia, the waiver will not be valid for failing to comply with the statutory requirements. As for states where lien waivers aren't strictly regulated, it doesn't seem like that language would be binding. Filing an affidavit of nonpayment in a state other than Georgia will have no practical effect on lien waivers or filing deadlines as it would in Georgia.
Here are some additional resources you may find helpful: