Georgia construction lien waivers and lien releases can be very tricky–even for the experienced construction professional! Although they seem simple to use, our lawyers are constantly surprised how many owners and contractors’ mistakes and misunderstandings regarding lien waivers cause problems for everyone on the job. Using the right form alone is not enough, it involves proper completion, proper execution, and, most importantly, proper understanding as to how a Georgia lien waiver affects the signatory’s rights. The construction lawyers at the Cobb Law Group frequently find defects in allegedly proper lien waivers; similarly, we often have to advise clients that all of their collection remedies have evaporated because they did not understand the effects of the lien waiver which they signed. It is vital that you have a complete understanding of the benefits and the consequences which resuld from using lien waiver forms on Georgia projects, and it is vital that your attorneys understand both the requirements and the nuances of these documents.
From a project owner’s perspective or the prime contractor’s perspective, for example, Georgia lien waivers need to be properly prepared and signed; if there are material defects with the waivers or releases, then subcontractors or suppliers may still be able to file construction lien claims or make payment bond claims against the project (or its surety); in addition, the owners (or general contractors) may find themselves responsible for additional payments to the lien claimant or the surety as well as their own attorneys’ fees.
On the other hand, if a contractor, subcontractor or material supplier signs a valid lien waiver or a lien release, then they must understand what they are signing–particularly since Georgia’s 2009 legislative amendments to the lien laws made significant changes to the Georgia’s interim lien waivers and Georgia’s final lien waivers. Now, in Georgia, for example, a conditional lien waiver becomes an unconditional lien waiver on the 60th day after its date of execution. This impacts the subcontractor or supplier executing the lien waiver substantially, and it can prevent them from filing a Georgia mechanics or materialmen’s lien or from making a claim against a payment bond unless they have taken certain steps to thwart the effects of the lien waiver before the expiration of the 60-day period in which the conditional lien waiver become an unconditional lien waiver. Your lawyer needs to know how to quickly prepare and file an Affidavit of Nonpayment, a valid claim of lien, or otherwise protect your interests.
Regardless of the number of lien releases which you may have signed in the past, it is very important to have a complete understanding of the documents’ requirements and its consequences under current law. The attorneys and staff of the Cobb Law Group possess extensive experience with both the Interim Waiver & Release Upon Payment (a/k/a Interim Lien Waiver) and the Final Waiver & Release Upon Payment (a/k/a Final Lien Release) documents, their consequences, and their exceptions. Thus, whether you need to have the proper lien waivers drafted or whether you signed a Georgia lien waiver but you have not received payment, please contact the construction lawyers at the Cobb Law Group today to enforce your rights and understand your obligations. You can rely upon our experience, knowledge and understand to help you navigate the lien waiver minefield.
What We Do
For more than 20 years, the Cobb Law Group has excelled in its statewide practice in Georgia construction law with an emphasis on filing materialmen’s liens, mechanic’s liens, and construction liens as well as enforcing payment bond claim rights, Miller Act and Little Miller Act litigation, business & corporate law and commercial collections for the construction industry. We represent numerous businesses, material suppliers, specialty subcontractors, general contractors, and others in the field throughout Georgia.
We are not general practitioners; instead, we focus our practice towards those in the construction industry. Our firm represents clients in all Georgia state and federal courts in the preparation and filing of mechanics’ liens; perfecting, enforcing and foreclosing upon materialmen’s liens; making claims against payment & surety bonds, and all aspects of construction litigation related to materialmen’s liens and payment bond enforcement.
Our Georgia lien waiver lawyers can help you understand the documents which you need to have signed or which you are requested to sign; however, if you looking for an affordable Interim Waiver & Release Upon Payment form or a Final Waiver & Release Upon Payment form available online, the Cobb Law Group’s is pleased to offer both of these forms for purchase through our Georgia construction law website. Click here for more information on obtaining the current Georgia lien waiver forms online.