![]() ![]() The requirements for the Affidavit of Nonpayment will also be changing as of January 1, 2021. Note the wording in the last paragraph of the waiver! If a waiver is signed and payment is not received, you may reinstate your rights by recording an Affidavit of Nonpayment or a Claim of Lien within the time frame specified. In the absence of a corporate seal, notarize them. Technically, Georgia lien waivers require a witness and seal, which means a corporate seal could be used. Here’s an example of an Interim Waiver and Release Upon Payment. Soon, in January 2021, Georgia lien waivers will be changing ( you can learn more about that here), but as of this writing, be sure your lien waiver format is in compliance with O.C.G.A. ![]() In Georgia, there are two primary lien waivers: Interim Waiver and Release Upon Payment and Waiver and Release Upon Final Payment. The contractor’s/subcontractor’s/supplier’s rights will be waived whether payment is received or cleared. The waiver is not conditioned upon clearance of a final payment. ![]() Final Unconditional: A signed document agreeing to waive all rights to a claim.If the contractor/subcontractor/supplier does not get the final payment, or the payment does not clear, the waiver does not waive their rights. Final Conditional: A signed document agreeing to waive rights to a claim, conditioned upon receipt and clearance of a final payment.If the check is not received, or does not clear, the contractor/subcontractor/supplier will have waived their rights to that partial payment. The waiver is not conditioned upon clearance of a payment. Partial Unconditional: A signed document agreeing to waive rights to a claim for a dollar amount or through a specified date.Partial Conditional: A signed document agreeing to waive rights to a claim for a dollar amount or through a specified date, conditioned upon receipt and clearance of the partial payment.There are four primary types of lien waivers: Lien Waivers in GeneralĮvery lien waiver should clearly identify the property name & project location, the debtor’s name (your customer), the invoice or purchase order number, the payment amount, and the disputed claim amount. If the lien waiver is for partial payment, you should also include the payment period or a through date. We are often asked “Does this lien waiver have to be notarized?” and the answer is “Yes, in Georgia, Mississippi, and Wyoming.” Let’s review these three states and their lien waiver requirements. Which States Require Lien Waivers to be Notarized? ![]()
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