Home>Levelset Community>Legal Help>Waiver and Release Upon Final Payment Georgia

Waiver and Release Upon Final Payment Georgia

Hello. I am a Sub who completed a job in GA and the GC is disputing some of the work. I have documentation to demonstrate we did what was required. I ran the preliminary documents (notices) through Levelset and it looks like I am in position to move forward. This job is in GA and my business resides in FL. If I send my final invoice with Lien Waiver, will I give up any rights for making a lien? It has funky language at bottom about "conclusively deemed to have been paid in full even if I have not received such payment". This sounds odd. Thanks. Brian

1 reply

Aug 17, 2020

First and foremost, Georgia lien waivers are regulated, they must be in the statutorily required format to be valid. The language you provided is correct, and that's because lien waivers work slightly differently in Georgia. They are both conditional and unconditional. Every waiver is conditional upon payment. However, if you are unpaid you must either (1) file an Affidavit of Nonpayment within 60 days, or file a mechanics lien claim. Otherwise the waiver will become unconditional (whether you've been paid or not). Do not forget to file this affidavit because, as a controversial case decided, this can also mean waiving more than just lien rights. For more on this see: Georgia's Very Unusual Lien Waiver Rules *Law Changes Coming to Georgia Lien Waivers in 2021

0 people found this helpful

Helpful