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Home>Levelset Community>Legal Help>Is this waiver incorrect? I have copied the verbiage in the situation box. It seems to be missing a lot of info

Is this waiver incorrect? I have copied the verbiage in the situation box. It seems to be missing a lot of info

GeorgiaLien Waivers

CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT Upon receipt by Clearview Installations Contract NO: 21-391-2064 the undersigned of a check(s) from Jeta LLC in the sum of Twelve Thousand Dollars ($12,000.00) payable to the company named below (either singularly of jointly) and when the check has been paid by the notice or bond right the undersigned has on the project of _SAVI PROVISIONS_ located at 1340 Howell Mill Rd Atlanta, GA 30319_, to the following extent. This release covers a Final Payment for labor, services, equipment or material furnished to this project through Thirty Percent (30 %) only and does not cover any retention or items furnished after said percentage. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Before each Progress Payment and before Final Payment is made upon this CONTRACT, CONTRACTOR shall furnish satisfactory evidence to the OWNER that the CONTRACTOR has and is continuing to conform to said laws, rules and regulations. Date: (Company Name) (Signature) (Typed Name) STATE OF COUNTY OF ss. (Title) On this day of , 20__ before me personally appeared , who being duly sworn, did depose and say that she is the of and is authorized to execute the above document. (Seal) ___________________________________ (Notary Public) My Commission Expires:

4 replies

Jan 12, 2022
Some of the language seems awkward and does not appear to track the statutory language required for a lien waiver. For example, it references "Final Payment" but is clearly an interim waiver. It also has the language warning parties not to rely on it unless they confirm payment. Are you being asked to sign it? My primary concern would be whether you are receiving $12,000 and whether that is an accurate amount due.
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Jan 12, 2022

Yes, we were being asked to sign it but all of the GA Lien classes that I have attended has said if the disclaimer is not on the bottom mentioning the affidavit of non-payment. I sent them a revised waiver with the correct verbiage. It was also for the wrong amount of our pay application. I advised them that the waiver that they had sent to me was incorrect and that they should definitely have their legal team review and revise as to the GA Lien Laws templates. Thank you so much for your time and response.  

Have a wonderful day. 

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Jan 12, 2022

Sorry, I didn't finish my sentence :) it is before coffee. 

if the disclaimer is not on the bottom mentioning the affidavit of non-payment, then we are not protected.

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Jan 12, 2022
Actually if the language is missing you have a good argument that the waiver is not enforceable. Of course, if you get payment then its all academic.
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