Georgia lien waivers: forms, rules and retainage.
What Georgia law requires of lien waivers and releases, the forms contractors and suppliers use, and how much retainage can be held, with the statute behind each point.
Checked against the Georgia statutes on 2026-11-13 · General information, not legal advice
In short
Georgia uses two statutory forms under O.C.G.A. 44-14-366: an interim waiver and a final waiver, and only those forms are effective. The trap: a signed waiver is treated as paid after 90 days unless you've been paid or you file an Affidavit of Nonpayment in the county where the property sits before day 90, and send the owner a copy within 7 days. Waivers given before work is furnished are void, and since 2021 a waiver covers only lien and payment bond rights.
The Georgia waiver forms set by statute.
SB 315 (2020, effective January 1, 2021) rewrote the forms. They must substantially follow the statutory language in at least 12-point type; the old bold all-caps requirement is gone. Blanks filled in wrongly don't invalidate a form if the subject matter can reasonably be determined. Georgia's forms aren't labeled conditional or unconditional: the 90-day rule below is what decides when they become effective.
| Form | Type | When it's used |
|---|---|---|
| Interim Waiver and Release of Lien and Payment Bond Rights upon Interim Payment | Statutory · Interim payment | With each progress payment. Becomes effective on payment, a signed acknowledgment of payment, or after 90 days unless an affidavit of nonpayment is filed. |
| Waiver and Release of Lien and Payment Bond Rights upon Final Payment | Statutory · Final payment | With the final payment, on the same payment-or-90-days rule. |
| Affidavit of Nonpayment | Affidavit · Within 90 days | Filed in the property's county within 90 days of signing a waiver you weren't paid for, with a copy to the owner within 7 days. Notarized. |
What Georgia law requires.
The 90-day rule
A waiver is deemed paid at the earliest of: actual receipt of the funds, a separate signed acknowledgment of payment in full, or 90 days after signing. To stop the 90-day trigger, file an Affidavit of Nonpayment before day 90 and send the owner a copy within 7 days of filing. Filing a claim of lien doesn't do this.
Statutory forms only
A waiver statement has effect only if it's on a duly signed statutory form and the claimant has been paid as the statute describes (44-14-366(c)).
No waivers before the work
A waiver given before labor, services or materials are furnished is null, void and unenforceable (44-14-366(b)).
Only lien and bond rights
Since 2021, a statutory waiver releases only lien and payment bond rights, not your other contract rights or claims.
How much can be held back in Georgia.
| Private projects | Retainage can't exceed the percentage withheld under the prime contract (O.C.G.A. 13-11-5); the statute sets no separate percentage for private owners. Late payments accrue 1% a month interest only if the paying party was notified of the statute when payment was requested (13-11-7). |
|---|---|
| Public projects | 5% for public contracts signed on or after July 1, 2022 (O.C.G.A. 13-10-80, as amended by SB 438). It doesn't apply to GDOT road work, contracts of $150,000 or less, or contracts of 45 days or less. |
| Release | Public: retainage is paid within 30 days of the invoice at substantial completion; the owner may hold up to 200% of the value of incomplete items, and subcontractors are paid within 10 days of the contractor's receipt. |
Source: O.C.G.A. 13-10-80, 13-11-5 and 13-11-7 (statute text). Contracts can set lower retainage; read yours alongside the statute.
Collecting waivers without the paper chase.
On a busy job, a general contractor collects a conditional waiver from every subcontractor and supplier with each pay application, swaps it for an unconditional one once payment clears, and tracks retainage owed on every subcontract until final completion. Missing one waiver can hold up the owner's payment for everyone.
Agenbord Build for general contractors is designed to request, collect and match waivers to each payment and keep retainage per subcontract, so the next pay application isn't waiting on paperwork. It's in early access. See also our guides to construction pay applications and retainage.
Georgia lien waivers: common questions.
What is the 90-day rule for Georgia lien waivers?
A signed Georgia waiver becomes effective, as if you'd been paid, 90 days after you sign it, unless you were paid sooner or you file an Affidavit of Nonpayment in the property's county before the 90 days run and send the owner a copy within 7 days. It used to be 60 days.
Do Georgia lien waivers need to be notarized?
The waiver forms don't; they're signed under hand and seal with a witness line. The Affidavit of Nonpayment does have a notary line.
Does a Georgia lien waiver release all my claims?
No, not since January 1, 2021. A statutory waiver releases only lien and payment bond rights; other contract rights and claims survive.
Can I use a custom lien waiver in Georgia?
Not effectively. Only the statutory forms, substantially followed and signed, release lien and bond rights in Georgia.
Sources
- O.C.G.A. 44-14-366 - Waiver and release of lien and bond rights (statute text, FindLaw)
- Georgia SB 315 (2020) - bill text
- Kilpatrick Townsend - Georgia lien and bond waiver changes (2020)
- O.C.G.A. 13-10-80 - Public works retainage (statute text, FindLaw)
- Smith Gambrell & Russell - Georgia public retainage reduced to 5% (2022)
General information about Georgia law as checked on 2026-11-13, not legal advice. Lien law is technical and deadlines are strict; have a construction attorney review your forms and process.
