Interim Waiver and Release upon Payment
(Mechanic's Lien) (GA)


This interim waiver and release upon payment may be given by a mechanic's lien claimant in Georgia when the property owner or contractor requests a release in exchange for payment other than the final payment. This template contains practical guidance and drafting notes. In Georgia, payment in full of the amount stated in an interim waiver is conclusively deemed to be made to the lien claimant 60 days after the date of its execution. However, this presumption of payment can be defeated if, prior to the expiration of the 60 day period, the lien claimant either files a claim of lien or an affidavit of nonpayment which suspend the Interim Waiver until full payment is made. The interim waiver must substantially follow the form provided in O.C.G.A. § 44-14-366 and be in boldface capital letters in at least 12 point font. For further guidance, see Mechanic's Liens (GA) and Mechanic's Lien Resource Kit (GA).