2017 Georgia Code
Title 44 - Property
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Article 8 - Liens
Part 3 - Mechanics and Materialmen
§ 44-14-366. Waiver of lien or claim upon bond in advance of furnishing labor, services, or materials void; interim waiver and release upon payment; unconditional waiver and release upon final payment; affidavit of nonpayment
- (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 shall substantially follow the following form, in boldface capital letters in at least 12 point font and the priority of such claimant's lien rights, except as to retention, shall upon such payment 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
____
____(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 making of final payment, the waiver and
release shall substantially follow the following form in boldface capital
letters in at least 12 point font:
"WAIVER AND RELEASE
UPON FINAL PAYMENT
STATE OF GEORGIA
COUNTY 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.
- (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.
- (1) The enforceability of any subordination of lien rights by a
- (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) Sixty days after the date of the execution of the waiver and
release, unless prior to the expiration of said 60 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 in boldface
capital letters in at least 12 point font:
"AFFIDAVIT OF NONPAYMENT UNDER
O.C.G.A. SECTION 44-14-366
STATE OF GEORGIA
COUNTY OF ____
____
____(SEAL)
CLAIMANT'S SIGNATURE
- (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.
- (2) Such amounts shall conclusively be deemed paid in full upon the