StatutoryDesk / Guides / Georgia's 90-Day Lien Waiver Rule & Affidavit of Nonpayment (O.C.G.A. § 44-14-366)
Georgia's 90-Day Lien Waiver Rule & Affidavit of Nonpayment (O.C.G.A. § 44-14-366)
What is the 90-day lien waiver rule in Georgia?
Under O.C.G.A. § 44-14-366, signing a Georgia Interim or Final Lien Waiver starts a 90-day clock. Even if you are never paid, your lien and payment bond rights are permanently extinguished 90 days after the date on the waiver unless you record an Affidavit of Nonpayment in Superior Court.
Most states split construction lien waivers into two separate documents: a Conditional Waiver (which only takes effect if the check clears) and an Unconditional Waiver (which takes effect the moment you sign it).
Georgia does not. Instead, O.C.G.A. § 44-14-366 uses a single hybrid mechanism for both progress draws (Interim Waiver and Release Upon Payment) and closeouts (Waiver and Release Upon Final Payment).
How the 90-day conversion trap works
- Day 0 (You sign the waiver to release your check): When your general contractor asks for a signed Interim Waiver before cutting your Friday check, the document is initially conditional upon payment.
- Days 1 to 89 (Slow pay, retainage dispute, or bounced check): If the check is delayed, held up by an owner draw, or returned NSF, the statutory clock keeps ticking from the date written on the waiver.
- Day 90 (Automatic unconditional forfeiture): On the 90th day after the date stated on the waiver, the statute deems you conclusively paid in full as a matter of law, extinguishing your mechanic's lien and payment bond rights for the amount on the waiver, unless you recorded an Affidavit of Nonpayment prior to Day 90.
What Senate Bill 315 changed in 2021
Before January 1, 2021, following the Georgia Court of Appeals decision in ALA Construction Services, LLC v. Controlled Access, Inc., missing the (then 60-day) Affidavit of Nonpayment deadline wiped out not only your lien rights, but also your right to sue the contractor who hired you for breach of contract.
Senate Bill 315 amended O.C.G.A. § 44-14-366 in three critical ways:
| Rule | Pre-2021 Law | Current Law (Post-SB 315) |
|---|---|---|
| Deadline to file Affidavit of Nonpayment | 60 days from waiver date | 90 days from waiver date |
| Scope of rights waived | All claims (including contract claims) | Lien and payment bond rights only |
| Mandatory font size | At least 12-point font | At least 12-point font on statutory forms |
Generate both forms free in your browser
Use the free Georgia O.C.G.A. § 44-14-366 Waiver & Affidavit Generator to prepare your 12-point statutory Interim Waiver, Final Waiver, or 90-day Affidavit of Nonpayment with the exact Day 85 and Day 90 dates calculated automatically.
Questions
Does signing an unpaid Georgia lien waiver also waive my right to sue for breach of contract?
No. Following Georgia Senate Bill 315 (effective January 1, 2021), statutory waivers under O.C.G.A. § 44-14-366 waive only mechanic's lien and labor/material bond rights, preserving your underlying contract claim.
Where do I file a Georgia Affidavit of Nonpayment and what does it cost?
File it with the Clerk of Superior Court in the Georgia county where the real property is located within 90 days of the waiver date. The standard statutory recording fee is $25 under O.C.G.A. § 15-6-77, and you must send a copy to the owner and general contractor within 7 days.