Updated August 2025 | All statutory references in this article reflect the Georgia Code, Title 44, Chapter 14 (2024 codification)
Understanding Georgia Lien Waivers
Signing a Georgia lien waiver is typical for suppliers, subcontractors, laborers, or any hired party contributing to a project—they are a normal part of the payment cycle in construction projects in the state. Hiring parties such as owners and general contractors are statutorily responsible for obtaining lien waivers, but subcontractors and material suppliers are directly impacted because their payment is conditioned on furnishing these waivers.
In Georgia, when a lien waiver is signed, the claimant still retains their lien rights—but only up to 90 days after signing. If they do not receive payment, the claimant is required to record an Affidavit of Nonpayment to preserve those lien rights. (O.C.G.A. § 44-14-366 ).
This period was previously 60 days but was extended to 90 days in the 2021 amendments. After 90 days, if no affidavit of nonpayment is filed, the waiver becomes unconditional, and lien rights are permanently lost for the payment covered by the waiver.
Georgia Lien Waiver Form Templates
Georgia’s waiver and release forms are statutory. They must follow the exact language required by law to be enforceable. Any deviation may render the form invalid. The statute provides two mandatory forms:
Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment
This form applies to interim or progress payments. It waives lien and bond rights only for the amount of the interim payment specified in the form.
Georgia strictly enforces the statutory language—claimants and contractors must use the exact template provided in O.C.G.A. § 44-14-366(c).
Waiver and Release of Lien and Payment Bond Rights Upon Final Payment
This form applies to final payment. Once signed, and if no affidavit of nonpayment is filed within 90 days, all lien and bond rights for the project are permanently waived.
Just in 2021, Georgia lawmakers revised this statute after disputes over nonstandard lien waivers. The goal was to eliminate ambiguity and ensure all parties use the statutory format.
Are Georgia Lien Waivers Conditional or Unconditional?
Georgia lien waivers begin as conditional waivers. They become unconditional by operation of law on the 90th day after signing unless an affidavit of nonpayment is recorded.
If a claimant is not paid, they must record the affidavit of nonpayment with the county clerk where the project is located. Failure to do so means they lose all lien and bond rights for the payment covered by the waiver.
Hiring parties—including owners, general contractors, and subcontractors—routinely request lien waivers to maintain payment compliance. However, claimants should not assume payment is guaranteed once a waiver is signed. Monitoring deadlines and filing the affidavit when necessary is essential to protect rights.
Note: Subcontractors, suppliers, laborers, and any party that contributed labor, services, materials, or equipment for the improvement of real property may claim a lien in Georgia under O.C.G.A. § 44-14-361. If a Notice of Commencement was recorded and posted, lower-tier subs and suppliers must also send a Notice to Contractor to preserve both lien and bond rights.