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Through Date vs. Signed Date on Interim Waivers

I'm confused about the 60 day expiration period on GA interim waivers per O.C.G.A. 44-14-366. Does the 60 day period start on the date the waiver is signed (GIVEN UNDER HAND AND SEAL THIS --- DAY OF ---, 20--) or the date through which work is supplied for said waiver (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 ---)? If an interim waiver is signed and submitted with our September payment application on 9/20/19 for work completed during the month of September (9/1/19-9/30/19) does payment have to be received or a affidavit of nonpayment filed by 11/20/19 or by 11/30/19?

1 reply

Sep 13, 2019

Georgia is home to some weird mechanics lien waiver rules, including the ones you discuss above. In Georgia, once a mechanics lien waiver has been signed, that waiver will become fully enforceable and unconditional 60 days after the date when the waiver was exchanged unless either a mechanics lien or an Affidavit of Nonpayment is filed prior to the end of that 60 day period. The 60-day timeframe is generally based on the date the waiver is submitted - not the date on which work was done. But, of course, recall that the deadline to file a Georgia mechanics lien is based on the last date the lien claimant provided work to the project. And, a mechanics lien must still be filed within 90 days of last furnishing labor or materials to the project - regardless of whether a waiver was signed. For more information on Georgia mechanics liens and lien waivers, here are some great resources: (1) Georgia Mechanics Lien Guide and FAQs (2) Georgia Lien Waiver FAQs

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