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Does this contract language prevent us from filing a lien?

GeorgiaBonding Off LienMechanics Lien

"Subcontractor expressly waives and relinquishes all right to file or maintain any mechanic's lien, equitable lien or other lien against the Project or real property improved under this Subcontract or the building for any labor, services or materials furnished pursuant to this Subcontract or any claim for extras, change order work or increased costs arising from the Project. This waiver shall remain effective regardless of whether any dispute concerning payment or delay in the work arises between Subcontractor and Contractor and regardless of whether the Contractor should default under any of its obligations required by the Subco ntract. If Subcontractor or any of its subcontractors, or other persons perfonning Subcontract Wo rk pursuant to Subcontractor's direction, files any liens against the real property, Subcontractor shall be liable for any bond premium incurred to bond off the lien."

3 replies

Aug 17, 2021
The contract provision, being a purported waiver of lien or bond rights prior to performing the work, is void and unenforceable in Georgia. OCGA Section 44-14-366 provides: (b) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable. Please feel free to contact me should you have any questions or wish to discuss your situation in greater detail. Thank you, Bill Kidd
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Aug 17, 2021

Thank you kindly!

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Aug 17, 2021
No it does not. You are free to file your lien.
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