Updated August 2025 | All statutory references in this article reflect the Georgia Code, Title 44, Chapter 14 (2024 codification)
In Georgia, lien waivers are governed by statute and are automatically treated as conditional lien waivers for 90 days under O.C.G.A. § 44-14-366. After this period, they automatically convert into unconditional waivers whether or not payment has been made.
The statutory responsibility for creating and enforcing these rules lies with the legislature, but subcontractors and material suppliers are directly impacted: if you sign a waiver, you must either (a) be paid within 90 days, or (b) protect your rights by filing an Affidavit of Nonpayment. Otherwise, your lien rights are permanently lost—even if payment never comes.
What Is a Georgia Affidavit of Nonpayment?
The Affidavit of Nonpayment is a statutory document that allows subcontractors and suppliers who signed a lien waiver to declare they have not received payment. Filing this affidavit prevents the waiver from converting into an unconditional waiver after 90 days.
It must be:
- Filed in the county real estate records where the project is located
- Served on the property owner (and general contractor, if no direct contract exists)
Failure to properly file and serve the affidavit within the statutory timeframe means you will lose lien rights, regardless of whether you were paid.
How Georgia’s 90-Day Rule Works
- Conditional for 90 Days: When signed, Georgia lien waivers are effective only if payment is received within 90 days.
- Automatic Conversion: After 90 days, the waiver automatically becomes unconditional—even if no payment was made.
- Affidavit Protects Rights: Filing the Affidavit of Nonpayment within the 90-day window prevents that conversion and preserves lien rights.
Important: Filing the affidavit does not extend Georgia’s separate lien filing deadline of 90 days from last furnishing of labor or materials under O.C.G.A. § 44-14-361.1. Both timelines must be observed.
Georgia Affidavit of Nonpayment Form
Georgia law provides a statutory form for the affidavit. Parties must use the precise format set out in O.C.G.A. § 44-14-366(c). Any deviation can render the filing invalid.
If you’re relying on a lien management service or a template, confirm that it matches the statutory language exactly.
When to File a Georgia Affidavit of Nonpayment
The affidavit must be filed within 90 days of the date the lien waiver was executed. This is the strict deadline.
- Who files it? Subcontractors, suppliers, and other lower-tier participants who signed a waiver but have not received payment.
- Why file it? To stop the lien waiver from converting into an unconditional waiver and to preserve lien rights while you wait for payment.
How to File a Georgia Affidavit of Nonpayment
Step 1: Complete and notarize the form
- Use the statutory format and ensure all fields are correct.
Step 2: File with the county real estate records office
- The affidavit must be filed in the county where the property is located.
- Filing must occur within 90 days of the waiver date.
- Pay all recording fees exactly; incomplete payment may cause rejection.
Step 3: Serve the affidavit
- Within seven days after filing, you must serve a copy on the property owner.
- If you are a subcontractor or supplier without direct contract with the GC, you must also serve the general contractor.
- Service must be by registered or certified mail or statutory overnight delivery to the addresses listed on the Notice of Commencement.
Step 4: Handle post-filing outcomes
- If full payment is made after filing, the owner or GC may request you to file a Cancellation of Affidavit of Nonpayment.
- If payment is still not made, you must proceed with filing a mechanics lien before the 90-day lien deadline expires.