Georgia Statutory Lien Waiver Rules (O.C.G.A. § 44-14-366) & 90-Day Clock

Georgia runs the strictest statutory clock of any lien waiver state. The moment a subcontractor or supplier signs an Interim or Final Waiver to get a check released, a 90-day statutory timer starts running, whether the check clears or not.

Statutory rules at a glance in Georgia

Rule	Statutory Requirement
Governing statute	O.C.G.A. § 44-14-366 (as amended by 2020 SB 315, effective Jan 1, 2021)
Mandatory forms	Interim Waiver and Release Upon Payment (§ 44-14-366(c)), Waiver and Release Upon Final Payment (§ 44-14-366(d)), and Affidavit of Nonpayment (§ 44-14-366(f))
Font & notice rule	At least 12-point font, substantially following the statutory text and mandatory NOTICE block
Notary / Witness rule	Waivers require an attesting Witness signature (no notary required on the waiver itself). The Affidavit of Nonpayment requires notarization.
Unpaid / Conditional clock	90 days from the date stated on the waiver. If unpaid, you must file an Affidavit of Nonpayment in the Superior Court of the county where the property is located within 90 days ($25 fixed recording fee under O.C.G.A. § 15-6-77).

Workers' Comp audit rule for subcontractors in Georgia

Under O.C.G.A. § 34-9-8, a principal or general contractor is the statutory employer of uninsured subcontractors' workers. Subcontractors with 3+ regular employees (including corporate officers/LLC members unless exempted via Form WC-10) must carry Workers' Compensation.

Generate your Georgia statutory lien waiver free

The free StatutoryDesk 12-State Lien Waiver Generator prepares the Georgia statutory form (O.C.G.A. § 44-14-366 (as amended by 2020 SB 315, effective Jan 1, 2021)) in your browser with the required font size and notice block enforced, plus our Subcontractor ACORD 25 Workers' Comp Audit Checker to verify sub certificates before releasing a check.