Georgia Lien Waiver & Release — The Statutory Forms and the 90-Day Affidavit of Nonpayment (O.C.G.A. § 44-14-366, 2026)
✓ Verified against Georgia statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
Georgia mechanics lien deadlines at a glance
Preliminary Notice
30 days after NOC — Notice to Contractor
Mechanics Lien
90 days — From last date of furnishing
Enforcement
1 year — From filing
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What a Georgia Lien Waiver Is and Why It Works Differently From Every Other State
A lien waiver and release is the document a contractor, subcontractor, or supplier signs to give up lien and payment-bond rights in exchange for a payment. Georgia standardizes that document in O.C.G.A. § 44-14-366 with two statutory forms: the Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment and the Waiver and Release of Lien and Payment Bond Rights Upon Final Payment. California, Texas, and Florida all give a claimant a way to release nothing until the money arrives — a separate conditional form, or the right to condition a waiver on a check clearing. Georgia does not. The § 44-14-366 interim form is written as a release, and the moment it is signed it starts a 90-day clock. If the claimant is not paid the amount stated, it must record an Affidavit of Nonpayment — or file a claim of lien — within those 90 days. Let the 90 days pass, and the signed waiver becomes conclusive evidence that the claimant was paid, whether or not a single dollar ever changed hands.
The Two Georgia Statutory Waiver Forms
The 2020 amendment in SB 315, effective January 1, 2021, added 'and Payment Bond Rights' to both titles, so the forms now release lien claims and payment-bond claims together. The Waiver and Release Upon Interim Payment releases lien and payment-bond rights through the amount and date stated and is given to collect a progress payment. The Waiver and Release Upon Final Payment releases all lien and payment-bond rights on the project. Both carry the same buried mechanism: after 90 days, the signed waiver is conclusive — not rebuttable — proof of payment against the claimant. The difference between them is only how much is released: the interim form through the stated amount and date, the final form for the entire project.
The 90-Day Affidavit of Nonpayment — Georgia's Only Real Protection
Because Georgia offers no conditional waiver, the claimant's protection is a document filed after the waiver: the Affidavit of Nonpayment. Under O.C.G.A. § 44-14-366, a signed interim or final waiver becomes binding and conclusive evidence that the claimant received the stated payment unless, within 90 days of signing the waiver, the claimant records an Affidavit of Nonpayment or files a claim of lien in the office of the clerk of the superior court for the county where the property sits. SB 315 extended this deadline from the old 60 days to 90 days effective January 1, 2021 — a meaningful cushion, but still a hard, short clock that runs from the signing date, not from any promised payment. The affidavit preserves the claim, but it does not extend the separate deadlines to record and enforce the lien, which still run on their own schedule.
What Makes a Georgia Waiver Valid, Advance Waiver, and Retainage
Section 44-14-366 requires the waiver to be in substantially the statutory interim or final form, and § 44-14-366(a) supplies the prohibition no contract can draft around: a right to claim a lien or to claim upon a bond may not be waived in advance of furnishing labor, services, or materials, and any purported advance waiver is null, void, and unenforceable. A 'no-lien' clause in a Georgia subcontract does not strip the claimant's rights. On retainage: the final form releases all lien and payment-bond rights, so signing it at substantial completion while retainage is still held releases that retainage claim before the money is collected — and after 90 days without an Affidavit of Nonpayment, that release is conclusive. The 2021 amendment confirmed the forms waive only lien and payment-bond rights and do not affect the claimant's other rights or remedies, so GC-added 'all claims' riders reach beyond the statutory release and may surrender contract claims the lien statute never governed.
Frequently Asked Questions
What are the two Georgia statutory lien waiver forms?
O.C.G.A. § 44-14-366 prescribes two forms: the Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment and the Waiver and Release of Lien and Payment Bond Rights Upon Final Payment. Both must be in substantially the statutory language. Georgia does not use California's or Texas's conditional-versus-unconditional split; instead every waiver becomes conclusive evidence of payment after 90 days unless the claimant files an Affidavit of Nonpayment or a claim of lien. The 2021 amendment added 'and Payment Bond Rights' so the forms now cover both lien and bond claims.
How long does a Georgia claimant have to file an Affidavit of Nonpayment?
Ninety days from signing the waiver. Under § 44-14-366, a signed interim or final waiver becomes binding, conclusive evidence of payment unless within 90 days the claimant records an Affidavit of Nonpayment or files a claim of lien. SB 315 extended this from 60 to 90 days effective January 1, 2021. The clock runs from the signing date, not any payment date — miss it and the waiver conclusively establishes payment even if the claimant was never paid.
Why is a Georgia lien waiver dangerous even if you weren't paid?
Because Georgia has no conditional waiver. The § 44-14-366 interim form is written as a release and starts a 90-day conclusive-payment clock the instant it is signed, whether or not the money arrives. In California, Texas, or Florida a claimant can hold or condition a waiver so nothing releases until payment clears; Georgia's only protection is the after-the-fact Affidavit of Nonpayment. A claimant cannot rely on the waiver's text and must calendar the 90-day affidavit deadline the moment any waiver is signed.
Can a Georgia contractor waive lien rights in advance?
No. O.C.G.A. § 44-14-366(a) makes any advance waiver of lien or bond rights null, void, and unenforceable. A 'no-lien' clause in a Georgia subcontract does not strip the claimant's rights. Georgia lien and bond rights can be given up only through a § 44-14-366 statutory form signed for a specific payment after work is furnished — and even then only if the claimant does not timely record an Affidavit of Nonpayment.
What is a Georgia Affidavit of Nonpayment and when do you file it?
It is the document a claimant records to stop a signed waiver from becoming conclusive evidence of payment. Under § 44-14-366, if a claimant signs an interim or final waiver but is not paid the stated amount, it must record the Affidavit of Nonpayment (or file a claim of lien) within 90 days of signing, in the superior court clerk's office for the county where the property sits. It preserves the claim despite the signed waiver, but does not extend the separate deadlines to record and enforce the lien itself.
Is a Georgia lien waiver the same as a Notice to Contractor?
No — they run in opposite directions. A Georgia Notice to Contractor under § 44-14-361.5 preserves lien rights on a project where a Notice of Commencement was filed; it builds the claim. A § 44-14-366 waiver gives lien and payment-bond rights up in exchange for payment. Send the notices to preserve the claim and sign waivers to release it as you are paid — while watching the 90-day Affidavit of Nonpayment deadline on every waiver.
Can a general contractor add extra language to the form?
Georgia requires the waiver to be in substantially the § 44-14-366 form, and the 2021 amendment confirmed the forms release only lien and payment-bond rights and do not affect the claimant's other rights or remedies. Riders releasing 'any and all claims' or adding indemnity or delay-claim waivers reach beyond that statutory release and may strip contract claims the lien statute never governed. Keep the waiver to the statutory text and handle carve-outs in a separate reservation-of-rights letter.