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

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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.

What to know about Georgia lien waivers

A signed Georgia waiver conclusively becomes effective 90 days after its execution date even if payment never arrives (O.C.G.A. § 44-14-366(g)(2)). Calendar that deadline: filing an Affidavit of Nonpayment in the county where the property is located before the 90 days run suspends the waiver until payment in full is received.
Within seven days of filing an Affidavit of Nonpayment, the claimant must send a copy to the property owner by registered or certified mail or statutory overnight delivery, and, if not in privity with the owner and a notice of commencement is on file, to the contractor at the address shown on the notice of commencement.
Georgia does not use conditional/unconditional waiver families: only the two statutory forms are enforceable, and any other oral or written waiver statement is unenforceable (O.C.G.A. § 44-14-366(c)). On an interim waiver, lien priority (except as to retention) thereafter runs from the day after the date specified in the form.

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.

Download the blank Georgia forms

The statutory text with every blank left empty, as a PDF to fill in by hand. Free, no account needed.

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.

Georgia lien waiver questions

Which lien waiver forms does Georgia use?

Georgia prescribes two statutory lien waiver forms in O.C.G.A. § 44-14-366. They are the Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment and the Waiver and Release of Lien and Payment Bond Rights Upon Final Payment.

Do Georgia lien waivers need to be notarized?

No notary is needed, but Georgia lien waivers must be signed before a witness. 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.

What is the difference between a conditional and an unconditional lien waiver in Georgia?

Georgia has no unconditional waiver: every statutory waiver is conditional on payment by law, then becomes effective on its own 90 days after signing unless an Affidavit of Nonpayment is filed (O.C.G.A. § 44-14-366(g)). Use the interim waiver for progress payments.

What is the difference between a progress and a final lien waiver in Georgia?

A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project. In Georgia, progress payments use the Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment and final payments use the Waiver and Release of Lien and Payment Bond Rights Upon Final Payment.

Is a lien waiver signed in advance enforceable in Georgia?

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Bordering states

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

Georgia Lien Waiver Forms