We signed an interim waiver & release upon payment July 13th for work through date of July 31st. Does the 60 days start on the date the waiver was signed or the work through date?
1 reply
Sep 9, 2020
The 60-day period for filing an Affidavit of Nonpayment is explicitly set forth in the notice language located at the bottom of the waiver form, "60 DAYS AFTER THE DATE STATED ABOVE." Thus, the 60 day period will run from the date indicated on the GA lien waiver next to the waiving parties' signature. The through date is only relevant for the purposes of the setting the value of labor or materials furnished that's meant to be waived.
The Georgia Court of Appeals actually discussed this in a 2017 case, where the sub's late affidavit waived their rights, even though they claimed that the signature was backdated.