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The Contractors Release Ga form serves as a crucial legal document designed to protect both contractors and subcontractors within construction projects in Georgia. This form is generated upon the final payment for the labor and materials provided in the course of a construction job. By signing, the mechanic or materialman confirms they have fulfilled their commitments and acknowledges receipt of payment. Most importantly, the contractor or subcontractor waives any rights to claim liens against the property where the work was performed, ensuring that any outstanding claims for payment are effectively relinquished. The document includes essential details such as the names of the parties involved, the project description, and the specific amount paid, making it clear and unambiguous. Furthermore, it outlines the responsibilities of the undersigned, including the indemnification of the contractor against any claims from unpaid workers or suppliers. Notably, those who sign this form must be aware that by doing so, they could lose rights to future claims unless they have explicitly stated them in a specified area of the form. This highlights the importance of careful consideration before executing the document to avoid unintended waivers of rights.

Form Sample

Ga. Form

WAIVER AND RELEASE UPON FINAL PAYMENT

STATE OF GEORGIA

COUNTY OF _________________

THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY ____________________________(NAME OF CONTRACTOR)

TO FURNISH ________________________________________ (DESCRIBE

MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS __________ ______________________(TITLE OF

THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF

________________, COUNTY OF _____________________, AND IS OWNED BY

__________ ______________(NAME OF OWNER) AND MORE PARTICULARLY

DESCRIBED AS FOLLOWS:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.)

UPON THE RECEIPT OF THE SUM OF $_________________, THE MECHANIC

AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID PROPERTY.

[SIGNATURES ON FOLLOWING PAGE]

1

Initials:____

GIVEN UNDER HAND AND SEAL THIS __________ DAY OF

_______________________, __________.

* ___________________ Company Name

Sworn to and subscribed before me

this the _____ day of _________, 2017.

________________________________

Notary Public for Georgia My Commission Expires:

___________

By: ITS AUTHORIZED REPRESENTATIVE

___________________________ (SEAL)

NAME: ____________________________

TITLE: _____________________________

*Benning Construction Company may rely on the statement of authorization in taking action based on this document.

NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. SECTION 44-14-366.

2

Initials:____

INDEPENDENT WAIVER BASED ON PRIOR PAYMENTS:

INDEPENDENT OF ITS EXECUTION OF A LIEN WAIVER, THE UNDERSIGNED FURTHER ACKNOWLEDGES RECEIPT OF PAYMENT(S) TO DATE FOR THE PROJECT IN THE AMOUNT OF___________________

($__________) FROM SUBCONTRACTOR AND/OR CONTRACTOR FOR

LABOR EMPLOYED IN AND/OR MATERIALS FURNISHED, AND, THEREFORE, WAIVES AND RELEASES ANY AND ALL CLAIMS OR DAMAGES IT HAS AGAINST CONTRACTOR AND/OR CONTRACTOR’S SURETY, EXCEPT FOR THOSE THAT ARE EXPRESSLY RESERVED AND DETAILED AS FOLLOWS: ____________________

THE UNDERSIGNED FURTHER REPRESENTS THAT ALL EMPLOYEES, LABORERS, MATERIALMEN, AND SUBCONTRACTORS EMPLOYED BY THE UNDERSIGNED IN CONNECTION WITH THE PROJECT HAVE BEEN FULLY PAID AND THAT NO OBLIGATIONS, LEGAL, EQUITABLE, OR OTHERWISE, ARE OWED BY THE UNDERSIGNED IN CONNECTION WITH THE PROJECT. WITH RESPECT TO THESE REPRESENTATIONS AND WARRANTIES, THE UNDERSIGNED DOES HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS CONTRACTOR, ITS PAYMENT AND PERFORMANCE SURETY, IF ANY, OWNER AND ANY OTHERS WHOM A CLAIM MAY BE ASSERTED FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, EXPENSES, AND THE LIKE INCURRED ON THE PROJECT THAT ARE COVERED BY THIS REPRESENTATION. IF CONTRACTOR HAS TO DEFEND ANY CLAIM RESULTING FROM LACK OF PAYMENT BY UNDERSIGNED TO A SUPPLIER, LABORER, MATERIALMEN, AND/OR SUBCONTRACTOR, ANY OR ALL EXPENSES INCURRED BY CONTRACTOR INCLUDING LEGAL FEES, COURT OR ARBITRATION COSTS, WILL BE THE RESPONSIBILITY OF THE UNDERSIGNED .

THIS FINAL WAIVER AND RELEASE DOES HEREBY WAIVE, RELEASE, AND RELINQUISH ANY AND ALL CLAIMS, ACTS, EVENTS,

CIRCUMSTANCE, CONSTRUCTIVE OR ACTUAL DELAYS, ACCELERATIONS, EXTRA WORK, DISRUPTIONS, INTERFERENCES AND THE LIKE WHICH HAVE OCCURRED, OR MAY BE CLAIMED TO HAVE OCCURRED, PRIOR TO THE EFFECTIVE DATE HEREOF, EXPECTING ONLY ANY CLAIMS CURRENTLY UNRESOLVED FOR WHICH WRITTEN NOTICE HAS BEEN PROVIDED TO CONTRACTOR AS FOLLOWS:

3

Initials:____

GIVEN UNDER

HAND

 

DAY

AND SEAL THIS

 

 

OF

SWORN TO AND SUBSCRIBED BEFORE ME

THIS THE ____ DAY OF _________, 2017.

NOTARY PUBLIC

MY COMMISSION EXPIRES:

20

(CORPORATE SEAL)

(COMPANY NAME)

(COMPANY ADDRESS)

(COMPANY TELEPHONE)

(OFFICER SIGNATURE)

(PRINT NAME)

4

Initials:____
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Document Specifications

Fact Name Detail
Purpose The Contractors Release GA Form is used to waive and release any claims or liens for payment after the final payment is made.
Governing Law This form is governed by O.C.G.A. Section 44-14-366 in the state of Georgia.
Payment Acknowledgment By executing this form, the contractor acknowledges receipt of the specified payment, even if not yet received.
Liability Disclaimer The contractor agrees to indemnify the owner and contractor from any claims arising from non-payment to suppliers or subcontractors.
Date of Execution The form must be dated when signed to establish the effective date for the release.
Notarization Requirement Notarization is required to validate the form and ensure its enforceability in legal matters.
60-Day Period If no affidavit of nonpayment is filed within 60 days, the waiver becomes conclusively effective.

Steps to Filling Out Contractors Release Ga

Filling out the Contractors Release Ga form requires careful attention to detail to ensure all necessary information is included. This form is designed to formally release any claims or liens against a property upon final payment. It is important to complete each section accurately to avoid any legal issues in the future. Follow these steps to successfully fill out the form.

  1. Begin by entering the name of the county in which the project is located in the first blank space at the top of the form.
  2. Next, fill in your name as the mechanic and/or materialman who has been employed. Clearly state the name of the contractor in the specified area.
  3. Describe the materials and/or labor you have provided for the project in the next blank. Be specific to avoid ambiguity.
  4. Provide the title of the project or building where the improvements were made.
  5. Enter the city where the project is located and fill in the county as well.
  6. In the following spaces, write the name of the property owner. Then, describe the property using either a metes and bounds description, a land lot district, or the street address. Make sure this information is comprehensive.
  7. In the designated blank, state the amount of money you are receiving for your work.
  8. Sign and date the form at the designated spot, including the company name and your title.
  9. Find a notary public and have them witness your signature. They will also fill out their information in the notary section, including their commission expiration date.
  10. If applicable, complete the independent waiver section stating the amount of previous payments received. Specify any claims you would like to reserve in the designated area.
  11. Finally, review the completed form to ensure all sections are filled accurately before submitting it.

More About Contractors Release Ga

What is the purpose of the Contractors Release Ga form?

The Contractors Release Ga form serves as a formal document that waives and releases any claims or liens against a property once a contractor receives final payment for their work. It ensures that all payments due to mechanics, materialmen, or subcontractors have been addressed, thereby protecting the property owner from future claims regarding unpaid work or materials on the project.

Who should complete the Contractors Release Ga form?

This form should be completed by mechanics and materialmen—essentially anyone who has provided labor or materials for a construction project. It is typically filled out by the contractor receiving the final payment for their services or materials supplied. The form may also involve signatures from higher-level representatives of the contracting company, further solidifying its validity.

What happens if the form is not executed correctly?

If the Contractors Release Ga form is not executed correctly, the waiver and release could be rendered invalid. This means that the party submitting the form may still retain their right to claim a lien on the property. It is crucial to ensure that all required information is complete and accurate, including the details on payment amounts and project descriptions.

What are the consequences of signing this form?

By signing the Contractors Release Ga form, the undersigned acknowledges receipt of final payment and waives any future claims against the property or contractor. Essentially, this means that once the payment has been received and the form signed, the signer cannot later assert claims related to the project, except under specific reserved conditions stated in the form.

Is notarization required for the Contractors Release Ga form?

Yes, notarization is required for the Contractors Release Ga form to provide it with legal validity. The notary public certifies that the signatures were properly obtained and that the individuals signing had the authority to do so. This adds a level of assurance for all parties involved about the authenticity of the document.

How long does the waiver remain effective?

The waiver becomes effective upon execution and is generally deemed a full acknowledgment of payment, even if actual payment has not been received. However, if a claim or affidavit of nonpayment is filed within 60 days of signing, the waiver can potentially be challenged. Thus, it is important to be certain that all financial obligations have been met before signing this document.

Common mistakes

  1. Neglecting Clear Identification: Failing to accurately identify the contractor's name and the project title can lead to confusion and potential disputes.

  2. Incomplete Property Description: Omitting essential property details, like the street address or legal description, weakens the release's validity.

  3. Missing Payment Amount: Not stating the amount received in payment can invalidate the waiver and create future liabilities.

  4. Ignoring Notary Requirements: Skipping the notarization process, which is necessary for enforceability, can render the document ineffective.

  5. Inadequate Initials: Failing to include initials on all required pages may raise questions about the document's integrity.

  6. Overlooking Waiver Language: Not including specific notice language about payment can undermine the waiver's enforceability under Georgia law.

  7. Assuming Prior Payments Are Sufficient: Neglecting to confirm all prior payments can lead to misunderstandings concerning unpaid claims against the contractor.

  8. Misunderstanding Claims Reservation: Incorrectly stating or omitting claims that are being reserved can complicate future legal matters.

  9. Failing to Represent Employee Payments: Not affirming that all employees and subcontractors have been paid can expose the undersigned to liability.

Documents used along the form

In construction projects, the Contractors Release GA form plays a critical role in finalizing payments and ensuring that all involved parties are protected. However, it is often accompanied by various other forms and documents. Each document serves a specific purpose to safeguard the rights and responsibilities of all parties involved. Below is a list of additional forms commonly used alongside the Contractors Release GA form.

  • Notice of Commencement: This document announces the start of a construction project and provides details about the property owner, general contractor, and any other relevant parties. It is essential for establishing the project's timeline and serves as a public record to notify potential lien claimants.
  • Contractor Agreement: This is a formal agreement between the contractor and the owner that outlines the scope of work, payment terms, timeline, and other important details. It serves as the foundational document for managing the project's execution.
  • Invoice for Payment: This document itemizes the services and materials provided by the contractor or subcontractor, specifying the amount due for payment. It serves as evidence of financial transactions related to the project.
  • Mechanic's Lien: This legal claim allows contractors or subcontractors to secure payment for work performed or materials supplied. Filing a mechanic’s lien can provide leverage if payment has not been received, but it must meet specific state requirements.
  • Final Waiver and Release of Lien: This document is similar to the Contractors Release GA form and is signed after full payment is received. It confirms that the contractor waives any future claims or liens related to the project in exchange for final payment.
  • Change Order: A change order is an amendment to the original contract that outlines changes in the scope of work, costs, or timelines. It ensures that all parties agree to the modifications made during the construction process.
  • Affidavit of Nonpayment: This affidavit provides a statement from a contractor or subcontractor asserting that payment has not been received for work performed. It may be required to preserve lien rights within a specified timeframe.
  • Certificate of Insurance: This document serves as proof that the contractor has appropriate insurance coverage for the project, including liability and workers’ compensation insurance. It protects all parties from potential financial risks and liabilities.

Understanding these additional documents is essential for anyone involved in construction projects. Each plays a specific role in protecting the rights and interests of all parties and ensuring that the project operates smoothly from start to finish.

Similar forms

The Affidavit of Payment is a document that provides a sworn statement confirming that all workers and suppliers involved in a construction project have been paid. It serves a similar purpose as the Contractors Release GA form in that it releases any claims against the property owner or contractor from those who performed labor or supplied materials. Like the Contractors Release, the Affidavit of Payment establishes a clear record of payments made, ensuring that there are no outstanding debts that could lead to liens or claims against the project or property.

The Lien Waiver is another document comparable to the Contractors Release GA form. It is a legal tool used to relinquish any lien rights that a subcontractor or supplier may hold against a property after receiving payment. Both documents aim to protect property owners from potential claims by ensuring that all parties who contributed labor or materials confirm their receipt of payment. The key similarity lies in their function of confirming payment and eliminating the possibility of future lien claims tied to the project.

A Final Release and Waiver of Lien form is similar in that it is specifically executed upon the completion of a project and final payment. This document prevents any further claims or liens from the signatory after payment is made, mirroring the purpose of the Contractors Release GA form. Both documents serve as a formal closure to any financial dealings between the contractor and subcontractors or suppliers, securing the financial interests of all parties involved.

The Subcontractor’s Waiver and Release Upon Final Payment is also akin to the Contractors Release GA form. It is specifically designed for subcontractors and includes acknowledgment of final payment, waiving their rights to any further claims. Like the Contractors Release, this document helps maintain a clear chain of payments through the construction process, reducing the risk of disputes or claims once the project is complete.

The Conditional Waiver and Release on Progress Payment is another comparable document, though it differs slightly in context. This waiver is executed at various stages of payment during the construction process, rather than just at its completion. While the Contractors Release GA form confirms a final payment and waives all future claims, the Conditional Waiver allows for releases tied to specific progress payments. Both documents are crucial in minimizing risk for property owners and contractors by establishing clear agreements that payments have been recognized.

Finally, a Notice of Non-Payment functions similarly in that it addresses unpaid amounts due on a project. While not an actual waiver, it alerts the contractor and property owner to outstanding obligations that may lead to liens if unresolved. The Contractors Release GA form helps prevent such situations by confirming that all claims for payment are satisfied. Both documents underscore the importance of communication and resolution in financial matters surrounding a construction project, supporting the integrity of contractual agreements.

Dos and Don'ts

When filling out the Contractors Release GA form, it’s essential to pay attention to detail. Here are nine items to consider to ensure a smooth process:

  • Do: Provide complete descriptions of all materials and labor.
  • Do: Ensure all names, addresses, and project titles are accurate.
  • Do: Include the exact payment amount for a clear record.
  • Do: Sign and date the document appropriately.
  • Do: Include a notary's signature for added authenticity.
  • Don't: Leave any fields blank, as incomplete forms may be rejected.
  • Don't: Use vague language; be specific about the project and work done.
  • Don't: Ignore the notice about the 60-day period related to claims and payments.
  • Don't: Forget to keep a copy of the final waiver for your records.

By following these guidelines, individuals can navigate the process with more confidence, helping to avoid potential complications down the line.

Misconceptions

  • Misconception 1: Signing the form means you have received payment.

    This is false. The form states that it will be deemed as if payment has been made, even if you haven't actually received it. Always confirm payment before signing.

  • Misconception 2: The release affects only the contractor.

    In reality, it releases claims against anyone involved in the project, including the owner and the contractor's surety.

  • Misconception 3: You can ignore the 60-day notice period.

    This is not advisable. If you do not file a claim within 60 days, you lose your right to claim any unpaid amounts.

  • Misconception 4: A waiver can be ignored if it's not notarized.

    While notarization adds legal weight, the form must still comply with state requirements regardless of whether it is notarized.

  • Misconception 5: You can include all claims and disputes in the release.

    Only claims that are expressly detailed and reserved can be included. General claims are waived by signing.

  • Misconception 6: This form applies to all states.

    The Contractors Release GA form is specific to Georgia. Different states have their own laws and forms.

  • Misconception 7: Once signed, you cannot change your mind.

    Once you sign, it’s generally binding; hence, ensure you fully understand the implications before signing.

  • Misconception 8: You should provide this form without question.

    Always review the terms carefully. It’s wise to consult with a legal professional if you're unsure about the terms.

Key takeaways

Here are key takeaways regarding the Contractors Release GA form:

  • The form must be accurately filled out with detailed information about the contractor, project, and type of labor or materials supplied.
  • Upon completing the form and receiving payment, the contractor waives any lien claims against the property described.
  • Including the specific notice language is essential; failure to do so may invalidate the waiver and release.
  • Sign the document in the presence of a notary public; the notary's acknowledgment is required for the form to be valid.
  • Maintain copies of the signed form and receipts for payment, as these documents can serve as proof of payment and completion.