Statutory forms, O.C.G.A. § 44-14-366

Georgia
Lien Waiver Forms

Georgia lien waivers: the two statutory forms of O.C.G.A. § 44-14-366

State Rules

How Georgia treats lien waivers

Georgia enforces exactly two lien waiver forms (the statutory Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment and Upon Final Payment), and any other purported waiver of lien or payment-bond rights is unenforceable. Both forms are conditional on payment by operation of law, but each conclusively becomes effective 90 days after execution even without payment unless the claimant files an Affidavit of Nonpayment in the county where the property is located. Every waiver must be in at least 12-point font, reproduce the statutory NOTICE paragraph on the form, and be signed under hand and seal before a witness.

Georgia lien waiver forms we generate

Georgia prescribes the waiver language by statute; we generate the exact text of O.C.G.A. § 44-14-366, filled in with your project details.

Conditional Progress

Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment

Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.

Conditional Final

Waiver and Release of Lien and Payment Bond Rights Upon Final Payment

Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.

Signing a lien waiver in Georgia

Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Georgia, built into every waiver we generate.

Advance waivers

O.C.G.A. § 44-14-366(b): a right to claim a lien or to claim upon a bond may not be waived in advance of furnishing labor, services, or materials; any purported advance waiver or release, including a contract clause, is null, void, and unenforceable.

Georgia execution rules

  • Statutory form: the waiver must substantially follow the form in O.C.G.A. § 44-14-366; we generate the statutory text as written.
  • Notarization: not required in Georgia.
  • ! Witness: required. The form carries a witness signature line, and the claimant must sign in front of a witness.
  • ! E-signature: Georgia statutory waivers are given under hand and seal with a witness signature line on the form itself. Print the waiver and have the claimant sign before a witness instead of sending it for e-signature.
  • ! 90-day deemed-effective rule: a signed Georgia waiver conclusively becomes effective 90 days after execution even if payment never arrives, unless you first file an Affidavit of Nonpayment in the county where the property is located, which preserves your rights until payment is actually received. Calendar that deadline on every waiver you sign.

Create a free Georgia lien waiver

The correct Georgia form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.

Working in another state?

Every state's waiver rules are different. Check before you sign.