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Lien Waivers have at the top of the document, the State ______ and County of _______

2 weeks ago

Isn’t the State and County supposed to be the State and County that the document is being signed/completed in, and NOT the State and County where the project/site/property is located, which should be referenced/shown within the body of the Waiver?

Chief Legal Officer Levelset

Georgia is one of the 12 states with specific required waiver forms set out by statute. And, even more rare, Georgia is one of the 3 states that requires lien waivers to be notarized. Because the document is being notarized, the blanks for state and county should match the location in which the lien waiver is executed and in which the notary is licensed.

While Georgia statutes seem to contemplate that Georgia lien waivers will be executed in Georgia, the blanks at the top of the form should correspond to the license of the notary since no other spaces on the statutory form in which the notary location can be provided. Lien waivers are not recorded, so there is no need for the document to have a heading of a specific county for recording purposes. And the property subject to the waiver is set forth in the body of the waiver itself.

Note, however, that Georgia law specifically holds that: “the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined.

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