Georgia — Contractor Lien Waiver Resources
Georgia has the sharpest clock in this entire catalog. Its two statutory waiver forms look final the moment you sign them — but under § 44-14-366 the waiver is only conclusively treated as paid after 90 days, and only if you stay silent. Georgia contractors live or die by that affidavit deadline.
What the official source states
Official source: O.C.G.A. § 44-14-366 — http://www.lexisnexis.com/hottopics/gacode
- A right to claim a lien or a claim upon a bond may not be waived in advance of furnishing labor, services or materials; an advance waiver is null, void and unenforceable (subsection (a)).
- No statement purporting to waive or release a lien or bond claim is enforceable unless it is on one of the prescribed forms, duly executed, and the claimant has received payment as provided in the section (subsection (b)).
- Two forms are prescribed: the Interim Waiver and Release upon Payment (subsection (d)) and the Unconditional Waiver and Release upon Final Payment (subsection (e)), each printed in boldface capital letters in at least 12-point font.
- The amount in a waiver is conclusively deemed paid in full at the earliest of: actual receipt of funds; the claimant’s separate written acknowledgment of payment in full; or 90 days after execution — unless before that period expires the claimant files a claim of lien or an Affidavit of Nonpayment in the county where the property is located (subsection (g)(2)). The forms themselves print that 90-day warning.
Source note: Georgia publishes the Official Code of Georgia Annotated through LexisNexis: the General Assembly’s site (legis.ga.gov) links “Georgia Code” to this official public-access publication, maintained by LexisNexis for the Georgia Code Revision Commission. There is no stable deep link to a single section, so the link opens the code’s front door — from there go to Title 44, Chapter 14, § 44-14-366. The full section was read and verified there on 2026-10-27, current through the 2026 Special Session.
Verified against the official source on 2026-10-27. This page is a plain-language summary, not the statute and not legal advice.
What this means for your paperwork
- Calendar the 90-day affidavit deadline the day you sign any Georgia waiver — if the money never arrives, that filing is what preserves your rights.
- Keep proof of actual receipt separate from the waiver; receipt, acknowledgment, or the 90 days — one of the three will decide whether the waiver holds.
- Georgia waivers release lien and bond rights only, not your other contract claims — but do not test that boundary without an attorney.
Georgia Contractor Paperwork Pack
The Georgia Starter Pack contains editable invoice, estimate, and change-order templates, a contractor checklist, payment tracker, waiver log, and an Official Form Reference Guide for O.C.G.A. § 44-14-366. Where Georgia prescribes a statutory waiver form, the pack links to the official form at the source above — it does not substitute one.
See the catalog for pack status and contents.
Buy the Georgia Starter Pack — $9 (secure Stripe checkout)