Georgia Implements Significant Changes in the Effect of and
Requirements for Lien and Bond Waivers
Significant changes in Georgia’s Lien Law and its statutory mandated
Lien Waiver forms went into effect January 1, 2021. The changes, enacted due to industry outcry
over the effect of the Georgia Court of Appeals ALA Construction Services,
LLC v. Controlled Access, Inc. decision, clarifies that waivers signed
after January 1, 2021 do not waive contract rights but only lien and bond
rights after the prescribed period for withdrawal.
The revised law makes other significant changes, including:
1.
The filing and mailing of an affidavit of
nonpayment is the only way to withdraw a waiver and release. The filing of a claim of lien will no longer
withdraw a waiver and release.
2.
The time for a claimant to file an affidavit of
nonpayment to withdraw a waiver is increased from sixty (60) days to ninety
(90) days to align with the time allowed for filing a claim of lien.
3.
Statutory mandated waiver and release forms are
no longer required to in Boldface Capital letters but are still required to in
in at least 12-point font.
The updated Georgia chapter along with the three revised statutory
forms required are now available to subscribers on LienlawOnline.com.
