Final Contractor's Affidavit
(Mechanic's Lien) (GA)

Summary

This final contractor's affidavit may be used in Georgia to dissolve the rights of potential lien holders not in privity of contract with the property's owner. This template contains practical guidance and drafting notes. In Georgia, a final contractor's affidavit is typically given to a property owner by the general contractor contemporaneously with final disbursement of the contract price. Though less common, a final contractor's affidavit can also be given to a purchaser in connection with bona fide sale of the property or to a lender making a loan secured by the property. When properly executed, a final contractor's affidavit will dissolve any lien rights held by the project's subcontractors and materialmen that have not previously been established by the recording of a claim of lien or preliminary claim of lien that remains unexpired or has not cancelled of record. In addition, note that the owner should not make its final payment until 31 days from final completion of the project because potential lien claimants have 30 days from their first delivery of the labor, services, or material to the property to record a preliminary notice. To be effective, the affidavit must be a sworn, notarized statement by the contractor or person other than the owner stating that the agreed price or reasonable value of the labor, services, or materials have been paid or waived in writing by the lien claimant. 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).