My Account Deeds.com Real Estate Deeds

Georgia Final Lien Waiver and Release

Lien waivers are recorded documents used to inform a property owner and any other interested parties that the person or firm with a potential mechanic's lien right is giving up the right to file that lien in exchange for full or partial payment. Use these documents carefully, because the right to a mechanic's lien is regarded as sacred in the realm on the construction world. Unlike most other states, Georgia takes a different approach to its lien waivers, declaring them void unless payment has been received. O.C.G.A. 44-14-366(b).

Georgia recognizes two major types of waivers: The Interim Waiver and Release upon Payment and the Waiver and Release upon Final Payment. O.C.G.A. 44-14-366. These two waivers also fit into the minor categories of being conditioned or not conditioned on actual receipt of payment (included a cleared check). The latter categories can have a tremendous effect on lien rights, as sending an unconditional waiver will waive the right to a lien regardless of confirmed payment.

In addition to requiring payment first, Georgia law prohibits preliminary waivers of lien rights before beginning the work: 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. O.C.G.A. 44-14-366(a). 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. Id.

To surrender all rights to a lien, a claimant files a Waiver and Release upon Final Payment. Use this form when a claimant is requested to execute a waiver and release in exchange for or to induce the making of final payment. O.C.G.A. 44-14-366(d).

The form identifies the parties, the location, the nature of the work, relevant dates, and the amount of payment.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of an attorney. Please contact an attorney with questions about waivers, or any other issues related to liens in Georgia.

Deeds.com Georgia Final Lien Waiver and Release Forms Have Been Updated as Recently as Wednesday July 1, 2020

4.8 out of 5 (1566 Reviews)

What others like you are saying:


Adan S. said: Five star

Reply from Staff: Thank you!


Jared D. said: Yes it was awsome experience,thank you

Reply from Staff: Thank you!


Earnestine C. said: Informative and instruction clear and concise, which made it easy for a person without real estate knowledge to acquire needed information. Thank you.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Gisela A. said: Great selection of documents. Properly formatted form also included great instructions and the example was very helpful. Filed it myself - no problem!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Richard M. said: Needed some help at the beginning but once I was into the program it was smooth sailing.

Reply from Staff: Thank you!


Rita M. said: Forget what I just wrote! I found it. Thank You! This is a very convenient service.

Reply from Staff: That's great to hear Rita, thanks for following up.


Select County where the property is located.

Georgia Final Lien Waiver and Release Form