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Lien waivers by state · Georgia

Georgia lien waiver requirements

Georgia is a statutory-form state

Georgia is one of roughly a dozen states that prescribe mandatory statutory lien-waiver forms by statute. Under O.C.G.A. § 44-14-366 there are exactly two valid forms — a "Waiver and Release Upon Interim Payment" and a "Waiver and Release Upon Final Payment" — and the document must substantially follow the statutory language (in at least 12-point font) or it is unenforceable. A signed waiver becomes binding even without actual payment 90 days after its stated date unless the claimant records an Affidavit of Nonpayment within that 90-day window.

Statute: O.C.G.A. § 44-14-366 (lien/bond waiver and release forms); mechanics lien generally O.C.G.A. §§ 44-14-360 to 44-14-369 (filing under § 44-14-361.1)

Georgia lien waiver forms

The four standard waiver-and-release types and Georgia’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: The statutory waiver forms themselves do not require notarization (they are signed "under hand and seal"); notarizing the waiver is unnecessary and adding non-statutory content can risk invalidating the form. Note: a separate Affidavit of Nonpayment, if filed to preserve lien rights after a waiver is signed, must be notarized.
Mandatory statutory language: O.C.G.A. § 44-14-366 sets out the exact required form language for interim and final waiver/release forms; the waiver must substantially follow it (at least 12-point font) and include the statutory notice that the waiver becomes conclusive 90 days after its date unless an Affidavit of Nonpayment is filed. Omitting the required notice language renders the form invalid. Any advance/pre-furnishing waiver of lien or bond rights is void.
Electronic signatures accepted

Key Georgia deadlines

Preliminary / pre-lien notice: Not required for parties in direct contract with the owner (e.g., the GC). A subcontractor/supplier not in privity with the owner must send a Notice to Contractor only if a Notice of Commencement was filed — within 30 days of first furnishing or within 30 days of the Notice of Commencement filing, whichever is later (O.C.G.A. § 44-14-361.5).
Notice of intent to lien: Not required. Georgia has no mandatory notice-of-intent-to-lien step (a preliminary Notice of Lien Rights may be recorded optionally but is not a prerequisite to lien rights).
Mechanics lien filing deadline: Within 90 days after the claimant last furnished labor, services, or materials to the project (O.C.G.A. § 44-14-361.1). A copy of the filed claim of lien must also be sent to the owner (and to the contractor if a Notice of Commencement was filed) within 2 business days of filing.

Georgia lien waiver FAQ

Does Georgia require a specific lien waiver form?

Yes. Georgia is one of the few states that mandates statutory lien-waiver forms. O.C.G.A. § 44-14-366 prescribes two forms — an interim-payment waiver and a final-payment waiver — and the document must substantially follow the statutory language (at least 12-point font) or it is invalid and unenforceable.

Do lien waivers need to be notarized in Georgia?

No. The statutory waiver forms are signed 'under hand and seal' and do not require notarization; notarizing is unnecessary and adding non-statutory elements can jeopardize the form. (A separate Affidavit of Nonpayment, used to preserve lien rights after a waiver, does have to be notarized.)

Can lien waivers be signed electronically in Georgia?

Yes. Georgia has adopted the Uniform Electronic Transactions Act, and electronic signatures are generally as valid as wet-ink signatures for lien waivers under UETA and the federal E-SIGN Act, provided the statutory form language is still used.

What is the deadline to file a mechanics lien in Georgia?

Within 90 days after the date the claimant last furnished labor, services, or materials to the project (O.C.G.A. § 44-14-361.1). This deadline is strict and includes weekends and holidays.