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Should the lien waiver be on a Tennessee form?

TennesseeLien Waivers

I have a project in Tennessee where the lien waiver being provided is on a GA Statutory form. As Tennessee does not require specific forms is this an issue?

1 reply

May 12, 2021

This is an interesting question, particularly because the forms being used are Georgia waivers. 

You are correct, Tennessee does not require specific waiver forms, so the parties can choose whichever form the want. The complication arises when the form in question is a Georgia waiver. Georgia has a particularly unique lien waiver system, in the sense that they are all drafted as conditional waivers, until 90 days passes. At that point, the waiver converts to an unconditional one unless an Affidavit of Nonpayment is filed within that timeframe. 

Using Georgia waivers in another state brings up a lot of issues. They include references to Georgia law, there's no mechanism to stop the waiver from converting to an unconditional one (a Tennessee recorder's office wouldn't know what to do with an "affidavit of nonpayment), and its unclear how effective they will even be.

If you're looking for alternate waiver forms, we do provide free "generic" waiver form templates that can be used in Tennessee. They are modeled after California's lien waivers, minus the references to California law.

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