Georgia Statutory Lien Waiver Law & Compliance Guide
Complete legal standards, mandatory form formats, retainage carve-out rules, and pre-flight draw verification guidelines under O.C.G.A. § 44-14-366 (Amended by SB 315) (Official Code of Georgia Annotated Title 44, Chapter 14, Article 8).
Understanding Georgia's Mechanics Lien Waiver Law
Georgia lien waiver law under O.C.G.A. § 44-14-366 operates under a unique statutory mechanism amended by Senate Bill 315 (SB 315). A signed Georgia waiver is initially conditional, but automatically converts to a conclusive, unconditional release 90 days after execution unless the claimant files an Affidavit of Nonpayment. Waivers are strictly limited to lien and payment bond rights, preserving breach of contract claims.
SB 315 overturned the controversial 2019 ALA Construction Services decision, which had ruled that signing a lien waiver extinguished breach of contract claims. The statute was amended to extend the nonpayment window from 60 to 90 days and isolate the waiver to lien and bond rights only.
Mandatory statutory forms. Mandatory at least 12-point font. Strict 90-day automatic conversion clock.
GA Statutory At-A-Glance
The 2 Mandatory Georgia Statutory Form Types
Under O.C.G.A. § 44-14-366 (Amended by SB 315), lien rights may only be waived and released using these specific prescribed statutory instruments. Any non-conforming or custom waiver is void or legally risky.
Interim Waiver and Release Upon Payment
Statutory interim progress waiver used during regular monthly draw cycles.
Waiver and Release Upon Final Payment
Statutory final payment waiver executed at project completion.
Critical Legal Requirements Under O.C.G.A. § 44-14-366 (Amended by SB 315)
NOTICE: WHEN YOU SIGN AND DELIVER THIS DOCUMENT, YOU SHALL BE DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT SET FORTH BELOW, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 90 DAYS AFTER THE DATE STATED BELOW UNLESS YOU FILE AN AFFIDAVIT OF NONPAYMENT PRIOR TO THE EXPIRATION OF SUCH 90-DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM VOID AND UNENFORCEABLE AS A WAIVER AND RELEASE UNDER O.C.G.A. SECTION 44-14-366.
Font size specification: At least 12-point font. Failure to print this exact text block voids statutory compliance.
Waiver itself does NOT require notarization. However, an Affidavit of Nonpayment filed within the 90-day window DOES require notarization.
Interim waiver form contains explicit blank to specify: 'This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified.'
Interim waiver preserves claims for labor and materials furnished after the through-date. Pending claims must be clearly noted.
Top 3 Critical Georgia Lien Waiver Pitfalls
Common mistakes that trigger lender draw package rejections, lien forfeitures, or double-payment exposure on Georgia commercial jobs.
Missing the 90-Day Affidavit of Nonpayment Clock
If a check bounces or payment is delayed, failing to record an Affidavit of Nonpayment in the county land records within 90 days permanently destroys lien and bond rights.
Printing Waiver in Sub-12-Point Font
O.C.G.A. § 44-14-366 expressly mandates that statutory forms must be in at least 12-point font. Shrinking font to fit a 1-page form invalidates the release.
Failing to Serve Copy of Affidavit within 7 Days
After recording an Affidavit of Nonpayment, the claimant must send a copy to the owner and contractor within 7 days via certified mail or statutory delivery.
Georgia Draw Verification Checklist (GC / Project Accountant)
Ensure form matches O.C.G.A. § 44-14-366 post-SB 315 statutory text.
Verify font size is at least 12-point throughout the entire document.
Check execution date and calendar 90-day Affidavit of Nonpayment deadline.
Ensure through-date aligns with billing cycle and retainage is carved out.
Verify county venue line (State of Georgia, County of...) is properly completed.
Georgia Lien Waiver FAQs
Direct answers to high-intent questions regarding mechanics lien waiver statutory compliance under O.C.G.A. § 44-14-366 (Amended by SB 315).
Q:What is Georgia's 90-day lien waiver rule under SB 315?
Under O.C.G.A. § 44-14-366, when a claimant executes a statutory waiver, it is initially conditional. If payment is not received, the waiver automatically becomes unconditional after 90 days unless the claimant records an Affidavit of Nonpayment in county land records.
Q:What font size is required for Georgia statutory lien waivers?
Georgia law explicitly requires all statutory lien waiver forms to be printed in at least 12-point font. Forms printed in smaller type are statutorily invalid.
Q:Does signing a Georgia lien waiver forfeit breach of contract claims?
No. SB 315 amended O.C.G.A. § 44-14-366 to explicitly clarify that statutory waivers release only lien and payment bond rights, preserving all contractual and common-law claims for payment.
Q:Do Georgia interim lien waivers require a notary seal?
No. The waiver itself does not require notarization. However, if an Affidavit of Nonpayment must be filed, that affidavit must be sworn before a notary public.
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