Lien Waiver and Affidavit-All Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Titles: Interim Waiver and Release Upon Payment, and Final Waiver Upon Final Payment.  Do not be surprised at the large font used on the forms.  It is statutory.

Scope: State of Georgia, All Works.

Time Constraints: A Georgia Lien Waiver and Affidavit is normally provided to the General Contractor or Owner by subcontractors and material men under specific conditions:

Interim Waiver and Release Upon Payment: This is a release for a period of time, subject to the rules in the WARNING.  It does not release the entire claim, only for the specified time period;

Final Waiver Upon Final Payment: This is the most dangerous form. It releases the entire claim, subject to the rules below;

Warning!: There is no completely “safe” lien waiver and release form in Georgia as far as a creditor is concerned.  All releases are subject to the following requirements:

A release is considered proof against any lien claim if:

(1) The claimant received an actual receipt of funds;

(2) There was an execution by the claimant of a separate written acknowledgement of payment in full; or

(3) Sixty days following the date of execution of the waiver, unless the claimant files an Affidavit of Nonpayment declaration follow by your Lien Claim prior to the expiration of that 60 day period, the release will automatically become a permanent estoppels against any lien action!

Yes, you did read #3 correctly.  If you issue a release of either type it can be used against you even if you have not been paid.  If you issue a Lien Waiver and Release in Georgia, be prepared to file your Affidavit of Nonpayment and Lien Claim if the waiver is not honored with a payment!  Or hold all releases until you have cash in the bank.  Extensive Georgia case law supports these rules as a protection for the property owner.

Information Requirements: The information required by the program.

Form Types: Interim Waiver and Release Upon Payment, or Final Waiver Upon Final Payment, Exhibits A-D (if needed)

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Provide to General Contractor or Owner.

When in doubt, file your lien claim immediately.

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