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Should I sign this waiver?

GeorgiaLien Waivers

Doing a project with a new GC for a job in GA. Received waiver templates, and they have the following notice at the bottom: NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE WAIVED AND RELEASED ANY AND ALL LIENS AND CLAIMS OF LIENS UPON THE FOREGOING DESCRIBED PROPERTY AND ANY RIGHTS REGARDING ANY LABOR OR MATERIAL BOND REGARDING THE SAID PROPERTY TO THE EXTENT (AND ONLY TO THE EXTENT) SET FORTH ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 90 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE AN AFFIDAVIT OF NONPAYMENT PRIOR TO THE EXPIRATION OF SUCH 90 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. § 44-14-366. Is this a legal, required statement in Georgia. We've never had this on any other waiver. We don't want the onus of having to follow up the payment status on this project, after providing a waiver, to be on us. I'd appreciate your advise.

1 reply

Sep 1, 2022
Yes, this language is legally required and is enforceable. If you execute this and have not received payment within 90 days, you will lose your lien rights (or the ability to make a bond claim) unless you take further action (file an Affidavit of Nonpayment in the property records where the project is located). You will simply have to calendar this so that you can ensure payment was received and determine whether additional action is necessary. Let me know if you have any further questions.
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