Affidavit of Nonpayment under O.C.G.A. § 44-14-366
(Mechanic's Lien) (GA)

Summary

This affidavit of nonpayment under Ga. Code Ann. § 44-14-366 may be used in Georgia when an interim or final lien waiver and release was previously given by a mechanic or materialman in contemplation of payment that was not made. This template contains practical guidance and drafting notes. In Georgia, payment must be received by a lien claimant for materials or labor before a lien waiver and/or release is effective. However, payment in full of the amount stated in the lien waiver and release is conclusively deemed to be made to the lien claimant 60 days after the date of execution of the waiver and release. 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 waiver and release until full payment is made. A copy of the Affidavit of Nonpayment must be sent to the owner of the property within seven days of filing by registered or certified mail or statutory overnight delivery pursuant to Ga. Code Ann. § 9-10-12(b). If the lien claimant is not in privity of contract with the owner and a notice of commencement has been filed, a copy of the Affidavit of Nonpayment must also be sent to the contractor at the address listed on the notice of commencement. An affidavit of nonpayment does not replace a claim of lien or toll the time for its filing. For a full listing of key content covering mechanic's liens, see Mechanic's Lien Resource Kit. For further guidance, see Mechanic's Liens (GA) and Mechanic's Lien Resource Kit (GA).