What is the difference between a conditional and unconditional lien waiver in Georgia?

Last reviewed July 5, 2026

In Georgia, a conditional lien waiver releases a contractor's right to file a lien only if payment is received. An unconditional lien waiver releases that right immediately, regardless of whether payment has been made. Use caution with unconditional waivers, as they can expose you to risk if payment isn't actually received.

Key points

  • Conditional waivers depend on payment being made.
  • Unconditional waivers release lien rights immediately.
  • Use unconditional waivers carefully to avoid risk.
  • Georgia lien laws govern these waivers.

Understanding the difference is key to managing risk. Conditional waivers provide protection until you confirm payment, while unconditional waivers can leave you vulnerable if the payment falls through. Always check the wording and ensure you know which type you are signing to avoid complications later.

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General information for US construction professionals — not legal advice. Lien deadlines, retainage caps and notice rules vary by state; verify with the state statute or a construction attorney.