A lien waiver is the document a contractor signs to release lien and bond-claim rights in exchange for payment — and Georgia's version is dangerous if you do not know its mechanics. Most states that prescribe waiver forms split them into conditional forms (effective only once payment arrives) and unconditional forms (effective the moment you sign); Georgia does not. Instead, under O.C.G.A. § 44-14-366, a waiver becomes conclusively effective on the earliest of three events — and one of them is simply the passage of time.
A Georgia lien waiver becomes binding 90 days after you sign it, whether or not you were ever paid, unless you file an affidavit of nonpayment in the county where the property is located before that 90 days runs out. Signing a Georgia waiver starts a clock that you are responsible for watching.
The three triggers
The statute provides that a waiver and release is conclusively deemed effective upon the earliest to occur of: actual receipt of the funds in the amount set out in the waiver; execution by the claimant of a separate written acknowledgment of payment in full; or ninety days after the date the waiver was executed, unless the claimant files an affidavit of nonpayment before that period expires. The third trigger is the one that catches people. Payment is not a precondition.
The two statutory forms
| Form | When it applies |
|---|---|
| Interim waiver and release upon payment | Used during the job, alongside progress payments. Roughly the equivalent of a progress waiver elsewhere. |
| Unconditional waiver and release upon final payment | Used at the end of the job, covering all remaining lien and bond rights. |
Download Georgia lien waivers
Below are the updated statutory forms as published by the construction law firm Smith Currie in its client alert on the 2021 amendments. PayApplicationGenerator.com is not associated with Smith Currie and takes no responsibility for these forms or their contents — verify each form against the current statute before relying on it.
Working in another state? Every state's lien waiver forms, in one place.
The notice that must appear on the form
Georgia requires a specific notice paragraph on the waiver, warning the signer that they will be conclusively deemed to have waived their rights 90 days after the stated date even if they have not been paid, unless an affidavit of nonpayment is filed first. The statute is explicit that failure to include this notice language renders the form unenforceable and invalid as a waiver under § 44-14-366. This is not boilerplate you can trim to fit the page.
Senate Bill 315, effective January 1, 2021, reshaped several of these rules. It extended the affidavit-of-nonpayment window from 60 days to 90, made the affidavit the mechanism for undoing a waiver, and clarified that the statutory waivers reach only lien and labor or material bond rights rather than a claimant's other contract rights and remedies. It also relaxed the old requirement that the forms be set in boldface capitals, while retaining a 12-point minimum type size.
What this means in practice
- Track every Georgia waiver you sign, with its execution date and a 90-day deadline. This is a calendar obligation, not a filing-cabinet one.
- If payment has not arrived as the 90 days approaches, file the affidavit of nonpayment in the county where the property sits. It is the only mechanism the statute provides for undoing the waiver.
- Do not rely on the waiver being conditional. In Georgia, the passage of time does the work that a cleared check does elsewhere.
- Advance waivers are void. Lien and bond rights cannot be waived before the labor, services, or materials are furnished.
- Check the notice paragraph on any form a payer sends you. A form missing it is invalid as a waiver — which may be to your benefit, but you want to know either way.
This page summarizes § 44-14-366 as codified and is educational, not legal advice. Deadlines are unforgiving and the consequences of missing one are permanent. For a specific project, read the current statute or consult a Georgia construction attorney.
Frequently asked questions
- Do Georgia lien waivers expire if I am not paid?
- The opposite — they take effect. A Georgia waiver is conclusively deemed effective 90 days after execution even if you were never paid, unless you file an affidavit of nonpayment in the county where the property is located before that period expires.
- What is a Georgia affidavit of nonpayment?
- It is the filing that prevents a signed waiver from becoming binding when payment has not arrived. Under the rules effective January 1, 2021, it must be filed within 90 days of executing the waiver, in the county where the property is located, and it is the mechanism the statute provides for undoing a waiver.
- Does Georgia use conditional and unconditional lien waivers?
- Not in the usual four-form structure. Georgia prescribes an interim waiver and release upon payment for use during the job, and an unconditional waiver and release upon final payment at the end. The conditional protection other states build into the form is handled in Georgia by the 90-day window and the affidavit of nonpayment.
- What happens if the required notice is missing from a Georgia waiver?
- The statute provides that failure to include the notice language renders the form unenforceable and invalid as a waiver and release under § 44-14-366.
- How long do I have to file the affidavit of nonpayment?
- Ninety days from the date the waiver was executed. Senate Bill 315 extended this from the prior 60 days, effective January 1, 2021.
