Georgia lien waivers
Georgia lien waiver forms and rules
Georgia lien waivers are governed by O.C.G.A. §44-14-366, which sets out 2 statutory waiver forms. A waiver that does not substantially follow the statutory form is unenforceable, so Georgia contractors must use the statutory wording.
Last updated · By the Aequo AP construction team
| Georgia | |
|---|---|
| Statute | O.C.G.A. §44-14-366 |
| Statutory form | Required. Mandatory. No waiver is enforceable unless it uses the prescribed form (substantially, in at least 12-point font, including the required notice) and the claimant has been paid as the statute defines. |
| Conditional and unconditional versions | No separate conditional/unconditional forms |
| Notarization | Not required on the waiver forms (they carry a seal, witness and address line). The Affidavit of Nonpayment is sworn before a notary. |
| Scope | Waives lien rights and labor or material payment bond rights only, not other rights or remedies. |
| Current version | Rewritten by SB 315 (2020), reported effective January 1, 2021 (changed the window from 60 to 90 days). |
| Checked against the statute | 2026-10-21 |
What are the Georgia statutory lien waiver forms?
O.C.G.A. §44-14-366 provides: Waiver and Release of Lien and Payment Bond Rights upon Interim Payment; Waiver and Release of Lien and Payment Bond Rights upon Final Payment; Affidavit of Nonpayment.
Copy the wording from the statute itself (linked in Sources). Do not retype the form from a third-party summary: in a mandatory-form state a missing notice or changed sentence can matter.
Is the statutory form required in Georgia?
Mandatory. No waiver is enforceable unless it uses the prescribed form (substantially, in at least 12-point font, including the required notice) and the claimant has been paid as the statute defines.
“THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE”
Key Georgia lien waiver rules
Lien and bond rights may not be waived in advance of furnishing labor, services or materials; such a waiver is null, void and unenforceable.
- A signed waiver becomes effective on the earliest of: actual receipt of funds; a separate written acknowledgment of payment in full; or 90 days after signing, unless the claimant first files an Affidavit of Nonpayment in the county where the property is located.
- The Affidavit of Nonpayment must be sent to the owner within 7 days by registered or certified mail or statutory overnight delivery.
- Notarization: Not required on the waiver forms (they carry a seal, witness and address line). The Affidavit of Nonpayment is sworn before a notary.
How should a general contractor handle Georgia waivers in AP?
Attach the right Georgia form to each subcontractor payment, collect it before the payment is released, and file it against that payment so it can be produced on request.
The form depends on where the project is, not where the subcontractor is based. The collection workflow guide shows how to tie waivers to payments, and the lien-waiver risk assessment scores your current controls. Other state guides: Arizona, California, Florida, Texas, or the full state-by-state table.
What we could not confirm
These points are not confirmed from the statute text itself; check them before relying on them.
- The January 1, 2021 effective date comes from the code annotation, not the Act text.
Frequently asked questions
Does Georgia have a statutory lien waiver form?
Yes. O.C.G.A. §44-14-366 sets out: Waiver and Release of Lien and Payment Bond Rights upon Interim Payment; Waiver and Release of Lien and Payment Bond Rights upon Final Payment; Affidavit of Nonpayment. Mandatory. No waiver is enforceable unless it uses the prescribed form (substantially, in at least 12-point font, including the required notice) and the claimant has been paid as the statute defines.
Do Georgia lien waivers need to be notarized?
Not required on the waiver forms (they carry a seal, witness and address line). The Affidavit of Nonpayment is sworn before a notary.
Can I use a generic lien waiver in Georgia?
Not safely. In Georgia, a waiver that does not substantially follow the statutory form is unenforceable, so a generic form may give the payer no protection. Use the statutory wording.
When does a Georgia lien waiver become effective?
On the earliest of actual receipt of funds, a separate written acknowledgment of payment in full, or 90 days after the waiver is signed, unless the claimant files an Affidavit of Nonpayment in the county where the property is located before the 90 days run.
Aequo Build
Stop paying subs before the waiver is in.
With waiver enforcement on, Aequo Build creates a conditional waiver requirement for each subcontractor payment you make from Aequo, holds that payment until a reviewer verifies the waiver or an approver records a reasoned override, escalates overdue requests to the subcontractor and your team, and requests the unconditional waiver once the invoice is paid. It works with QuickBooks Online.
Related lien waiver guides and tools
Sources
Primary sources checked on October 21, 2026. Statutes change; always confirm against the current text.