Georgia Supreme Court Upholds Statutory Lien Waivers Opinion
Miller & Martin PLLC Alerts | April 22, 2020
Author: Neil Wilcove
On Monday April 20, 2020, the Georgia Supreme Court denied the petition for a writ of certiorari to review the judgment in Controlled Access, Inc. v. ALA Construction Services, Inc., S20CO91. This decision upholds the Georgia Court of Appeals opinion, which held that Georgia statutory lien waivers are intended to waive all rights of a party that sign them, not just lien rights. The one who signs the statutory lien waiver shall be conclusively deemed to have been paid in full the amount stated in the lien waiver, even if you have not actually been paid 60 days after the date stated, unless an affidavit of nonpayment or claim of lien has been filed.
It is vitally important that, if you are performing work on a construction project in Georgia, you follow the lien law precisely. That means you need to file a Claim of Lien or Affidavit of Non-Payment within sixty (60) days of executing a lien waiver or risk losing all rights to payment. Click here for opinion.