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What date should be entered on the Georgia Interim Waiver and Release Upon Payment form?

6 months ago

Not sure how to complete the referenced form … it includes a date to be entered and I’m not clear what date they want.

Chief Legal Officer Levelset

Georgia is one of the states with statutory lien waiver forms. The form for an Interim Waiver and Release can be found in § 44-14-366(c). The form contains a blank for a “through date” to be included in the following sentence:

“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) . . .”

This “through date” is to identify the date through which the waiving party waives lien rights. This is the date that corresponds to the last day of work *covered by the payment* that is prompting the waiver request.

For example, say a party started work on Jan. 1, and has continued to provide work through the today’s date. That party could be paid for the work performed in January, and receive a waiver request regarding such work. The through date would be January 31, since the payment covers all work performed in January (excepting retainage) but does not cover the work performed in February. That way, the waiver would relate only to the work being paid for, and not the work with payment still outstanding.

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