Georgia lien waivers must substantially follow one of two statutory forms under O.C.G.A. § 44-14-366: the Interim Payment form or the Final Payment form. A signed waiver becomes conclusively effective 90 days after signing, even if you were never paid, unless you file an affidavit of nonpayment before day 90. Filing a lien does not stop it.
Every draw on a Georgia construction job comes with paperwork, and the lien waiver is the piece that matters most. Owners, lenders, and general contractors want proof that the people below them have been paid before they release more money. Subcontractors and suppliers sign waivers to keep the money moving. The problem is that many contractors sign them the way they sign a delivery ticket, without realizing what the form does if the payment never shows up.
Georgia rewrote its lien waiver statute through SB 315, effective January 1, 2021. The rewrite fixed some old problems, but it kept the rule that catches the most people: a signed waiver turns into a real waiver after 90 days whether or not you got paid, unless you take one specific step in time. Jerry Parisi helps contractors, subcontractors, suppliers, and owners across Jefferson, Jackson County, and Northeast Georgia use these forms correctly and recover when a waiver was signed and the money never came.
Georgia's two statutory lien waiver forms
O.C.G.A. § 44-14-366 prescribes two forms. The first is the “Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment,” used for progress payments during the job. The second is the “Waiver and Release of Lien and Payment Bond Rights Upon Final Payment,” used when you are being paid out at the end.
No oral or written statement waives your lien or payment bond rights unless it is made on a duly executed statutory form and you have received payment as the statute defines it. The form must substantially follow the statutory language and be printed in at least 12-point font. It no longer has to be in boldface capital letters, as the pre-2021 version required. Every form must also carry the statutory NOTICE paragraph warning that the waiver takes effect 90 days after the date stated unless you file an affidavit of nonpayment. If that notice language is left off, the form is unenforceable as a waiver.
Georgia does not use the out-of-state waiver system
Many contractors, and many national GCs and lenders, are used to the “conditional” and “unconditional” waiver forms that California and some other states use. Georgia does not have that system. There is no Georgia form that automatically stays harmless until the check clears. Georgia has only the Interim Payment and Final Payment forms, both governed by the same 90-day rule.
That matters because an out-of-state form that doesn't substantially follow Georgia's statutory language may not work the way anyone expects. A Georgia job needs Georgia forms. If a GC's draw package includes a waiver drafted for another state, have it reviewed before you sign or before you rely on it.
The key trap: a waiver becomes binding in 90 days, paid or not
Under § 44-14-366(g)(2), a signed waiver is conclusively deemed effective on the earliest of three events: you actually receive funds in the amount stated in the waiver; you sign a separate written acknowledgment of payment in full; or 90 days pass after you signed the waiver, unless before those 90 days run out you file an affidavit of nonpayment in the county where the property is located.
Read that third trigger carefully. If you sign an interim waiver for a $40,000 draw, the check never arrives, and you do nothing for 90 days, the waiver becomes effective anyway. Your lien and payment bond rights for that amount are gone.
SB 315 also closed an escape route contractors used to rely on. Before 2021, filing a claim of lien within the window could defeat the waiver. That language was deleted. Today, filing a claim of lien does not stop the 90-day clock. Only a timely affidavit of nonpayment does.
The affidavit of nonpayment: what, where, and when
The affidavit of nonpayment is the one tool that keeps an unpaid waiver from becoming final. Here is how it works under § 44-14-366:
- What it is: a sworn statement that you signed a waiver and have not been paid the amount it covers.
- Where to file: in the county where the property is located.
- Deadline: before the 90-day period after you signed the waiver expires. The Georgia Court of Appeals has held the 2020 COVID judicial-emergency orders did not extend the affidavit deadline.
- Copies: within 7 days, send a copy to the owner by registered or certified mail or statutory overnight delivery. If you have no contract with the owner and a Notice of Commencement was filed, send a copy to the contractor too.
- Effect: filing suspends the waiver until you are paid in full. It does not give you extra time to file your lien; the lien deadline keeps running.
Since 2021, a waiver releases only lien and bond rights
SB 315 added a new § 44-14-366(a): statutory waivers are limited to lien and labor or material payment bond rights and do not affect any other rights or remedies. Before 2021, a Georgia appellate decision treated a signed waiver as binding for all purposes, which could wipe out a contract claim for the same money. The rewrite reversed that. Even if a waiver has become effective, you can still sue the party who owes you for breach of contract.
That is real protection, but it is not the same as a lien. A contract claim is only as good as the other side's ability to pay. The lien against the property and the claim against the payment bond are usually the leverage that gets a contractor paid, which is why the 90-day rule still matters so much.
Advance waivers in contracts are void
Under § 44-14-366(b), a right to claim a lien or a bond claim cannot be waived before you furnish labor, services, or materials. Any waiver signed or agreed to in advance is null, void, and unenforceable. A subcontract clause saying you give up your lien rights, signed before you start work, does not waive them.
The statute has limited exceptions. It does not affect lien subordinations, waivers given to settle a genuine dispute over work already furnished, or the cancellation or release of a lien already on record.
Practical rules for subcontractors and suppliers
- Sign a waiver only for the amount you have actually received, or for a check you are holding that has cleared. Never waive the next draw in advance.
- Put the amount and date in the waiver accurately; the amount stated controls what you are waiving.
- The day you sign any waiver, calendar day 90 and set a reminder well before it. Check whether the money arrived.
- If you haven't been paid, file the affidavit of nonpayment before day 90 and send the required copies within 7 days.
- Keep tracking your lien deadline separately. Neither the waiver nor the affidavit changes it.
- Refuse forms that don't match the Georgia statutory language, and flag out-of-state forms in a draw package.
How owners and general contractors should use waivers
For owners, lenders, and GCs, the 90-day rule cuts the other way. A waiver gives you real protection only once it becomes effective. Before releasing retainage or final payment, check that waivers from each tier are on the correct Georgia form and include the statutory notice, and search the county records for any affidavit of nonpayment filed against the property.
Collect interim waivers with each draw, match the amounts to what was actually paid down the chain, and collect final waivers before closing out. Remember that a waiver releases lien and bond rights only; it does not settle contract disputes with the subcontractor. We draft draw procedures and waiver checklists so your team uses the forms the same way on every job.
Georgia interim vs. final lien waiver
| Interim Payment waiver | Final Payment waiver | |
|---|---|---|
| Statutory name | Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment | Waiver and Release of Lien and Payment Bond Rights Upon Final Payment |
| Code section | O.C.G.A. § 44-14-366(d) | O.C.G.A. § 44-14-366(e) |
| Typical use | Progress payments and draws during the job | Final payment when your work is paid out |
| Form requirements | Substantially follow the statutory form; at least 12-point font; statutory NOTICE required | Same |
| What it releases | Lien and payment bond rights only, to the extent stated; contract claims survive | Same |
| When it becomes effective | Earliest of: receipt of the stated funds, a separate written acknowledgment of payment in full, or 90 days after signing | Same |
| How to stop it if unpaid | File an affidavit of nonpayment in the property's county before day 90 | Same |
Frequently Asked Questions
What happens if I sign a lien waiver and don't get paid in Georgia?
The waiver becomes conclusively effective 90 days after you signed it, even though you were never paid, unless you file an affidavit of nonpayment in the county where the property is located before those 90 days expire. Filing a claim of lien does not stop the clock. Your breach-of-contract claim survives either way.
What is an affidavit of nonpayment?
It is a sworn statement, filed in the county where the property is located, that you signed a statutory lien waiver and have not been paid. It must be filed before the waiver's 90-day period expires, and a copy goes to the owner within 7 days by certified or registered mail or statutory overnight delivery. It suspends the waiver until you are paid in full.
Can a contract make me waive my lien rights in advance?
No. O.C.G.A. § 44-14-366(b) says a right to claim a lien or a payment bond claim cannot be waived before you furnish labor, services, or materials. Any advance waiver, including a clause in a subcontract signed before work starts, is null, void, and unenforceable.
Does a Georgia lien waiver waive my right to sue for breach of contract?
No, not for waivers under the current statute. Since SB 315 took effect on January 1, 2021, statutory waivers release only lien and labor or material payment bond rights and do not affect any other rights or remedies. You can still pursue the party that owes you under your contract.
Does Georgia use conditional and unconditional lien waivers?
No. Georgia has two statutory forms, the Interim Payment waiver and the Final Payment waiver, and both follow the same 90-day rule. There is no Georgia form that automatically protects you if a check bounces. Out-of-state forms that don't substantially follow Georgia's statutory language should not be relied on for a Georgia job.
Does filing a lien stop a lien waiver from taking effect?
Not anymore. Before 2021, filing a claim of lien within the window could defeat a waiver. SB 315 removed that option. Today only a timely affidavit of nonpayment, filed before the 90-day period ends, keeps a signed waiver from becoming effective when you haven't been paid.
Does the affidavit of nonpayment extend my lien deadline?
No. The statute says filing an affidavit of nonpayment does not change the time to file a claim of lien. Georgia requires a claim of lien within 90 days after the work is completed or the materials are furnished, so track that deadline separately from the waiver deadline.