2006 Georgia Code - 44-14-366

44-14-366. (a) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable. (b) No oral or written statement by the claimant purporting to waive, release, impair, or otherwise adversely affect a lien or bond claim is enforceable or creates an estoppel or impairment of claim of lien or claim upon a bond unless: (1) It is pursuant to a waiver and release form duly executed by claimant prescribed below; and (2) The claimant has received payment for the claim as set forth in subsection (f) of this Code section. (c) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment other than final payment, the waiver and release must follow substantially the following form, and the priority of such claimant´s lien rights, except as to retention, shall thereafter run from the day after the date specified in such Interim Waiver and Release upon Payment form:
INTERIM WAIVER AND RELEASE
UPON PAYMENT
STATE OF GEORGIA
COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by _______________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of _________________, County of _____________, and is owned by _______________________ (name of owner) and more particularly described as follows: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $__________, the mechanic and/or materialman waives and releases any and all liens or claims of liens it has upon the foregoing described property through the date of _______________________ (date) and excepting those rights and liens that the mechanic and/or materialman might have in any retained amounts, on account of labor or materials, or both, furnished by the undersigned to or on account of said contractor for said building or premises. Given under hand and seal this ______ day of ______________, ____.
__________________ (Seal)
_______________________
_______________________
(Witness)
_______________________
(Address) Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment of final payment, the waiver and release must follow substantially the following form:
UNCONDITIONAL WAIVER AND RELEASE
UPON FINAL PAYMENT
STATE OF GEORGIA
COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by _______________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of _________________, County of _____________, and is owned by _________________________ (name of owner) and more particularly described as follows: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $__________, the mechanic and/or materialman waives and releases any and all liens or claims of liens or any right against any labor and/or material bond it has upon the foregoing described property. Given under hand and seal this ______ day of ______________, ____.
__________________ (Seal)
_______________________
_______________________
(Witness)
_______________________
(Address) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT YET BEEN PAID, USE A CONDITIONAL RELEASE FORM. Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (e) Nothing contained in this Code section shall affect: (1) The enforceability of any subordination of lien rights by a potential lien claimant to the rights of any other party which may have or acquire an interest in all or any part of the real estate, factories, railroads, or other property for which the potential lien claimant has furnished labor, services, or material, even though such subordination is entered into in advance of furnishing labor, services, or material and even though the claimant has not actually received payment in full for its claim; (2) The enforceability of any waiver of lien rights given in connection with the settlement of a bona fide dispute concerning the amount due the lien claimant for labor, services, or material which have already been furnished; (3) The validity of a cancellation or release of a recorded claim of lien or preliminary notice of lien rights; or (4) The provisions of paragraph (2) of subsection (a) of Code Section 44-14-361.2, paragraphs (3) and (4) of subsection (a) and subsections (b) and (c) of Code Section 44-14-361.4, or Code Section 44-14-364. (f)(1) When a waiver and release provided for in this Code section is executed by the claimant, it shall be binding against the claimant for all purposes, subject only to payment in full of the amount set forth in the waiver and release. (2) Such amounts shall conclusively be deemed paid in full upon the earliest to occur of: (A) Actual receipt of funds; (B) Execution by the claimant of a separate written acknowledgment of payment in full; or (C) Thirty days after the date of the execution of the waiver and release, unless prior to the expiration of said 30 day period the claimant files a claim of lien or files in the county in which the property is located an Affidavit of Nonpayment, using substantially the following form:
AFFIDAVIT OF NONPAYMENT UNDER
O.C.G.A. SECTION 44-14-366
STATE OF GEORGIA
COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by ____________________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of ______________, County of ________, and is owned by _______________________ (name of owner) and more particularly described as follows: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Pursuant to O.C.G.A. Section 44-14-366 the undersigned executed a lien waiver and release with respect to this property dated ______________, ____. The amount set forth in said waiver and release ($______) has not been paid, and the undersigned hereby gives notice of such nonpayment. The above facts are sworn true and correct by the undersigned, this ______ day of ______________, ____.
____________________(SEAL)
Claimant´s Signature
Sworn to and executed
in the presence of:
_____________________
Witness
_____________________
Notary Public (3) A claimant who is paid, in full, the amount set forth in the waiver and release form after filing an Affidavit of Nonpayment shall upon request execute in recordable form an affidavit swearing that payment in full has been received. Upon recordation thereof in the county in which the Affidavit of Nonpayment was recorded, the Affidavit of Nonpayment to which it relates shall be deemed void. (4) Nothing in this Code section shall shorten the time within which to file a claim of lien. (5) A waiver and release provided in this Code section shall be suspended upon filing of an Affidavit of Nonpayment until payment in full has been received. (6) The claimant may rely upon the information contained in the waiver and release form when completing for filing the Affidavit of Nonpayment or claim of lien.

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