Add Dropdown Menu Fields Legal Georgia Waiver and Release Forms For Free

Twelve states—Arizona, California, Florida, Georgia, Massachusetts, Michigan, Mississippi, Missouri, Nevada, Texas, Utah, and Wyoming—have standardized lien waiver forms that you must use for projects completed in those states. Two of these states—Wyoming and Mississippi—require lien waivers to be notarized.

Georgia lien waivers must be “given under hand and seal” and witnessed, but there is no specific requirement for notarization. Note, however, that if an Affidavit of Nonpayment is required after a lien waiver has been signed and delivered, the Affidavit of Nonpayment does require notarization.

(b) 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.

The language in Georgia lien waivers makes them both conditional and unconditional. The Georgia lien waiver form begins by stating, "Upon the receipt of the sum of____$, the mechanic and/or materialman waives and releases any and all liens or claims..." which is classic conditional waiver language.

Conditional Waiver and Release Upon Final Payment Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment, and the claimant has not yet been paid. This release is only binding if there is evidence of payment to the claimant.

On non-residential projects, the lien filing deadline is the 15th day of the 4th month after the month the contract was completed, terminated, or abandoned. In Texas, an action to enforce the lien must be initiated within 1 year of the last date the claimant could file a lien.

Before the start of 2022, lien waiver forms had to be notarized to make it official. However, the latest updates to the Texas Lien Laws effective on January 1st, 2022 removed this requirement and lien waivers do not need to be notarized anymore.

Yes, Texas provides statutory lien waiver forms which must be used in order to be considered valid and enforceable.

The eleven states that currently have statutory lien waivers forms are: Arizona, California, Georgia, Massachusetts, Michigan, Mississippi, Missouri, Nevada, Texas, Utah, and Wyoming. Missouri's statutory lien waiver form is only required for residential projects.