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Georgia Lien Waiver Forms — Generate in 60 Seconds

Generate Georgia-compliant lien waivers that follow the mandatory statutory forms prescribed by O.C.G.A. Section 44-14-366. Georgia uses two waiver types — interim (progress) and final payment — each with a built-in 90-day conditional protection period. Free preview available.

Generate Georgia Waiver

Which Type Do You Need?

Georgia uses 2 statutory forms, not the 4-form framework used by California and Texas. Both forms include a built-in conditional mechanism: after signing, you have 90 days to file an Affidavit of Nonpayment if the check doesn't clear. This means every Georgia waiver starts as conditional and becomes unconditional after 90 days unless you act.

Decision Tree

1
Mid-project draw or progress payment?
Use the Interim Waiver and Release Upon Payment
2
Final payment or project closeout?
Use the Waiver and Release Upon Final Paymentlearn more
3
Didn't get paid after signing either form?
File an Affidavit of Nonpayment within 90 days to preserve your lien rights

Generate Your Georgia Lien Waiver

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Georgia Lien Waiver Rules at a Glance

Mandatory statutory forms

O.C.G.A. 44-14-366 prescribes two forms: interim and final. Non-compliant waivers are unenforceable and invalid.

2 waiver types, not 4

Georgia has interim (progress) and final payment forms only. The conditional protection is built into both forms via the 90-day affidavit mechanism.

90-day protection window

After signing, waivers become unconditional after 90 days unless you file an Affidavit of Nonpayment. This is your recourse if payment doesn't arrive.

Advance waivers void

O.C.G.A. 44-14-366(b) prohibits waiving lien rights before furnishing labor, services, or materials.

Notarization NOT required for waivers

Lien waivers do not require notarization. The Affidavit of Nonpayment DOES require notarization.

Waivers limited to lien/bond rights only

SB 315 (2021) clarified that waivers only release lien and labor/material bond rights — not breach of contract claims or other remedies.

Georgia Lien Waiver Legal Requirements

Georgia is a mandatory statutory form state. O.C.G.A. Section 44-14-366 prescribes two forms: an interim waiver and release upon payment (subsection (d)) and a waiver and release upon final payment (subsection (e)). The forms must be in at least 12-point font and must include specific statutory notice language warning that lien rights will be deemed waived 90 days after signing unless an Affidavit of Nonpayment is filed. The failure to include this notice language renders the form "unenforceable and invalid." SB 315 (effective January 1, 2021) was a significant overhaul responding to the ALA Construction Services court decision. It narrowed the scope of waivers to lien and bond rights only (not other contractual claims), extended the affidavit filing period from 60 to 90 days, and relaxed the formatting requirement from boldface capitals to 12-point font minimum.

Recent Law Changes

  • SB 315 (effective January 1, 2021): waivers now apply only to lien and labor/material bond rights, not other contractual remedies. Extended affidavit of nonpayment deadline from 60 to 90 days. Eliminated filing a claim of lien as an alternative to the affidavit of nonpayment. Updated statutory form language. Relaxed formatting from boldface capitals to 12-point font minimum.

Georgia Conditional Progress Waiver

Statutory reference: O.C.G.A. 44-14-366(d)

What It Is

Waives lien and labor/material bond rights for work furnished through a specified date. Includes a built-in 90-day conditional window before the waiver becomes unconditional.

When to Use

When exchanging a waiver for a progress payment (any payment other than the final payment).

Key Legal Points

  • Waiver becomes conclusively effective upon the earliest of: (1) actual receipt of payment, (2) signed written acknowledgment of payment in full, or (3) 90 days after signing unless an Affidavit of Nonpayment is filed.
  • Required notice language warns that lien rights will be "conclusively deemed to have been waived and released" after 90 days without an affidavit.
  • Waiver applies only to lien and labor/material bond rights — does not waive breach of contract claims or other remedies (SB 315).
  • Must be in at least 12-point font. Boldface capitals no longer required.
  • Required fields: county, contractor name, description of labor/materials, project name, owner name, payment amount, date.

Tips

  • The 90-day window is your fallback, but don't rely on it passively. Track your payment deadlines and be ready to file an Affidavit of Nonpayment if needed.
  • Unlike California and Texas, Georgia does not have a separate "conditional" form. The conditional mechanism is built into both waiver types.
  • Keep a copy of every signed waiver with the date, so you can track the 90-day window.
Generate a Georgia Interim Waiver

Georgia Conditional Final Waiver

Statutory reference: O.C.G.A. 44-14-366(e)

What It Is

Waives lien and labor/material bond rights for ALL labor, services, or materials furnished on the project. Same 90-day conditional window applies.

When to Use

When exchanging a waiver for the final payment on the project, including retainage.

Key Legal Points

  • References "final payment" — covers all work on the entire project, not just through a specific date.
  • Same three-trigger effectiveness rule: actual payment receipt, written acknowledgment, or 90 days without an affidavit.
  • No retainage carve-out — the final waiver covers everything.
  • Waiver applies only to lien and labor/material bond rights (SB 315).
  • Same formatting and notice requirements as the interim form.
  • Most consequential Georgia waiver — releases all lien rights on the project.

Warning

This covers everything, including retainage. Confirm the final payment amount includes all retainage before signing. If payment doesn't arrive, file your Affidavit of Nonpayment before the 90-day window closes.

Tips

  • Verify the final payment amount includes all outstanding retainage and change orders.
  • The 90-day clock starts on the date you sign, not the date you submit the waiver.
  • If any disputed amounts remain, resolve them before signing the final waiver — there is no disputed extras carve-out like in California.
Generate a Georgia Final Waiver

Common Georgia Lien Waiver Mistakes

  1. 1

    Missing the 90-day Affidavit of Nonpayment deadline

    After signing a waiver, you have exactly 90 days to file an Affidavit of Nonpayment if you haven't been paid. Miss this window and the waiver becomes unconditional — your lien rights are gone. Calendar it the day you sign.

  2. 2

    Assuming Georgia works like California or Texas

    Georgia has 2 waiver types with a built-in conditional mechanism, not the 4-form conditional/unconditional framework used in California and Texas. There is no separate "unconditional" form — the waiver becomes unconditional by operation of law after 90 days.

  3. 3

    Using pre-2021 waiver forms

    SB 315 (effective January 1, 2021) changed the statutory form language, extended the affidavit period from 60 to 90 days, and relaxed formatting requirements. Old forms with 60-day language are non-compliant and may be unenforceable.

  4. 4

    Thinking a signed waiver immediately waives all rights

    Georgia waivers don't take immediate effect like unconditional waivers in other states. They become effective upon actual receipt of payment, written acknowledgment, or after 90 days without an affidavit. But this protection only works if you act within the window.

  5. 5

    Forgetting the Affidavit of Nonpayment requires notarization

    While the waiver itself does not require notarization, the Affidavit of Nonpayment must be notarized and filed with the Clerk of Superior Court in the county where the property is located. It must also be sent to the property owner within 7 days by certified mail or statutory overnight delivery.

Georgia Lien Waiver FAQ

Does Georgia require statutory lien waiver forms?
Yes. O.C.G.A. 44-14-366 prescribes two mandatory forms: an interim waiver for progress payments and a waiver upon final payment. The failure to include the required notice language renders the form unenforceable and invalid.
Do lien waivers need to be notarized in Georgia?
No. Georgia lien waivers do not require notarization. However, if you need to file an Affidavit of Nonpayment to preserve your lien rights, that document DOES require notarization.
What's the difference between a conditional and unconditional lien waiver in Georgia?
Georgia doesn't have separate conditional and unconditional forms like California or Texas. Instead, both Georgia waiver types start as conditional and become unconditional by operation of law. The waiver takes effect upon the earliest of: actual payment receipt, written acknowledgment of payment, or 90 days after signing without filing an Affidavit of Nonpayment.
What is the Affidavit of Nonpayment and when do I need to file it?
If you sign a lien waiver but don't receive payment, you must file an Affidavit of Nonpayment with the Clerk of Superior Court within 90 days of signing the waiver. The affidavit must be notarized and sent to the property owner within 7 days by certified mail or statutory overnight delivery. Failure to file means the waiver becomes unconditional and your lien rights are permanently waived.
Can I waive lien rights before performing work in Georgia?
No. O.C.G.A. 44-14-366(b) makes advance waivers void. A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing labor, services, or materials.
How many types of lien waivers does Georgia have?
Two. Georgia has an interim waiver and release upon payment (for progress payments) and a waiver and release upon final payment. This differs from the 4-form framework used in California, Texas, and most other statutory states.
What changed about Georgia lien waivers in 2021?
SB 315 (effective January 1, 2021) made significant changes: waivers now apply only to lien and bond rights (not breach of contract claims), the Affidavit of Nonpayment deadline extended from 60 to 90 days, filing a claim of lien no longer serves as an alternative to the affidavit, formatting requirements were relaxed from boldface capitals to 12-point font minimum, and the statutory form language was updated.
What is the deadline to file a mechanics lien in Georgia?
90 days after completion of the work for which the lien is claimed. The claim of lien must be filed in the office of the Clerk of Superior Court of the county where the property is located. A copy must be sent to the owner within 2 business days of filing.
Does the interim waiver cover retainage?
The interim waiver covers work furnished through a specified date. The form itself does not explicitly carve out retainage like California's form does. Clarify in the payment amount field what is included or excluded, and negotiate retainage release separately if needed.
Does Georgia have a retainage cap for construction projects?
For private projects, Georgia has no statutory retainage cap — the amount is governed by contract. For public projects, retainage is capped at 10% of each progress payment under O.C.G.A. 13-10-80(b), and must be reduced to 0% after 50% completion with satisfactory progress.

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Lien Waiver Forms for Other States

AlabamaAlaskaArizona*ArkansasCalifornia*ColoradoConnecticutDelawareDistrict of ColumbiaFlorida*HawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusetts*Michigan*MinnesotaMississippi*Missouri*MontanaNebraskaNevada*New HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexas*Utah*VermontVirginiaWashingtonWest VirginiaWisconsinWyoming*

* = mandatory statutory form language required