We signed a Interim Waiver and Release Upon Payment and it is approaching the 60 days to file an Affidavit of Non-Payment. Since They are a new customer I would like to give them the benefit of the doubt but we need to protect our rights.
Thank you,
2 replies
May 19, 2020
A copy of the affidavit must be sent by certified mail to the owner within seven days of filing the Affidavit. If you don't have a contract with the owner, then you must send a copy to the Contractor if the Contractor has recorded a Notice of Commencement in the property records.
My advice would be to file the Affidavit and send it to protect your rights. I don't think the owner would hold that against you. You might also let the Owner know that your deadline to file the Affidavit is coming up, and that you will have to file it if you haven't been paid. That could trigger payment.
Good luck to you.
1 person found this helpful
Helpful
May 19, 2020
If you do not file an Affidavit of Non-payment [or file a claim of lien], after the 60 days expires, you will be conclusively presumed paid EVEN if you have not been paid. The Georgia Courts have upheld the conclusive presumption of payment for all purposes.