Georgia lien waiver requirements
Georgia prescribes two statutory lien waiver forms. Generic templates are void on their face.
Georgia Code §44-14-366
Yes. Georgia requires you to use the statutory lien waiver form set out in O.C.G.A. §44-14-366. Substitute your own wording, or use a generic template instead, and the waiver can be challenged or thrown out when you need it to hold up.
The short version
Georgia is one of twelve U.S. states that requires a specific statutory lien waiver form. O.C.G.A. §44-14-366 spells out two forms by section: an interim waiver and release upon payment, and an unconditional waiver and release upon final payment. A waiver that omits the required notice language is unenforceable. The 2021 amendments also extended the Affidavit of Nonpayment window from 60 to 90 days.
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At a glance
- O.C.G.A. §44-14-366: governs the statutory forms
- Interim Waiver and Release Upon Payment
- Unconditional Waiver and Release Upon Final Payment
- 90-day Affidavit of Nonpayment window (extended in 2021)
The two Georgia statutory forms
O.C.G.A. §44-14-366 prescribes two forms. The interim waiver covers progress payments and releases lien rights only for the specific amount listed. The unconditional final waiver releases lien rights at final payment. Both must follow the statutory language, including the bold notice the statute requires.
If the form omits the required notice or otherwise deviates materially from the statute, it's void. The claimant keeps lien rights as if no waiver had been signed.
The 90-day affidavit of nonpayment
When a claimant signs an interim waiver in Georgia, lien rights aren't extinguished immediately. The claimant retains the right to file an Affidavit of Nonpayment for 90 days. After 90 days, if no affidavit is filed, the waiver becomes binding and lien rights are lost.
The 2021 amendments extended this window from 60 to 90 days and made the affidavit the only way to preserve lien rights after signing. Track the date on every interim waiver and don't let the 90-day clock surprise you.
Common Georgia mistakes
Substituting a generic waiver template. §44-14-366 voids any form that omits the required notice language.
Confusing the 90-day affidavit window with the lien filing deadline. The affidavit protects the waiver; the lien deadline still runs separately.
Treating interim and final waivers as interchangeable. The interim form releases only the specific amount listed. The final form releases everything.
Questions
No. O.C.G.A. §44-14-366 prescribes two forms. A waiver that omits the required notice language is void and unenforceable.
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