Georgia lien waiver requirements

Georgia prescribes statutory lien waiver forms in O.C.G.A. §44-14-366 and enforces the language strictly — leave out the required notice and the waiver is void. Georgia also has a trap unique among the states: a signed waiver becomes binding 90 days later even if you were never paid, unless you record an Affidavit of Nonpayment in time.

This guide covers Georgia’s forms, the 90-day rule, and the affidavit. It is general information, not legal advice — confirm specifics with a Georgia construction attorney.

Georgia at a glance

Mandatory statutory form

Yes — exact §44-14-366 language; missing notice = void

Governing lien law

Official Code of Georgia Annotated §44-14-366

Waiver forms

Interim waiver/release on payment; unconditional on final payment

The 90-day rule

Binding 90 days after signing unless an Affidavit of Nonpayment is recorded

Electronic signatures

Recognized under Georgia’s UETA (O.C.G.A. §10-12-1 et seq.)

How ClearLien handles Georgia waivers

ClearLien automates the waiver loop for general contractors on QuickBooks Online: pay a subcontractor’s bill and the waiver is drafted from the payment, sent for no-account signing on any phone, and stored with a full audit trail — with retainage carved out. Minnesota’s form is live today and Georgia’s statutory forms are on the roadmap — start free and you’ll be ready the moment Georgia support goes live.

Georgia lien waiver FAQs

Does Georgia require a specific lien waiver form?

Yes. O.C.G.A. §44-14-366 prescribes the forms and requires exact statutory notice language. Omitting the required language renders the waiver invalid and unenforceable.

What is Georgia’s 90-day rule and Affidavit of Nonpayment?

A signed Georgia lien waiver becomes binding 90 days after the date on it — even if you were not paid — unless you record an Affidavit of Nonpayment before that window closes. Miss it and you can forfeit lien rights on money you never received.

Does Georgia use conditional and unconditional waivers?

Georgia uses an “interim” waiver and release on progress payments and an “unconditional” waiver and release on final payment, governed by the statute and the 90-day mechanism above.

Are electronic signatures valid in Georgia?

Generally yes, under Georgia’s adoption of UETA and the federal ESIGN Act. ClearLien records a full audit trail and stores the signed PDF tamper-evident with a content hash.

Does ClearLien support Georgia?

ClearLien automates the lien-waiver loop for general contractors on QuickBooks Online — pay a bill and the waiver is drafted, sent for no-account signing, and stored with an audit trail. Minnesota’s form is live today and Georgia is on the roadmap; start free and you’ll be ready the moment Georgia support goes live.