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On the Georgia Lien waiver where is it noted the party that will be waiving their rights?

1 week ago

On the Gerogia Lien waiver where is it noted the party that will be waiving their rights? Additionally do they need to sign the document or does the notary take care of this part?

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Project Role: Other
Project Type: Residential
Legal Associate Levelset
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The state of Georgia is one of just 12 states that regulate the form and content of lien waivers. The specific language required can be found under Ga. Code §44-14-366.

  • On the GA partial payment waiver form, the waiver language states:
    • UPON THE RECEIPT OF THE SUM OF $__________, THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND THROUGH THE DATE OF __________ (DATE) AND EXCEPTING THOSE RIGHTS AND LIENS THAT THE MECHANIC AND/OR MATERIALMAN MIGHT HAVE IN ANY RETAINED AMOUNTS, ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID BUILDING OR PREMISES.
  • On the GA final payment waiver form, this language states:
    • UPON THE RECEIPT OF THE SUM OF $__________, THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID PROPERTY.

Additionally, the party (or company) who is waiving the lien rights in exchange for payment must be the one signing the document. A notary cannot sign on their behalf. Furthermore, there is no legal requirement to have a Georgia lien waiver to be notarized in the first place.

Here is some additional reading:

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.
Attorney Jon A. Gottlieb, P.C.
3 reviews

You are required to use the Georgia statutory forms, which includes the waiver language. The Contractor must sign the lien waiver. Technically, an attorney-in-fact could sign for the Contractor, but I would not advise that. A properly draft power of attorney would need to be executed and submitted along with the lien waiver. But, the best way to assure yourself of a proper waiver of lien is to use the statutory form and have it signed in your presence by the Contractor.

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