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Interim waiver – when does 60 days start?

2 weeks ago

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?

Additional info about this contractor
Project Role: Subcontractor
Project Type: Residential
Legal Associate Levelset
172 reviews

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.

Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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