How do you properly fill out a lien waiver form?

How do you properly fill out a lien waiver form?

Decatur, GA · Member since 2015 · 419 posts · 52 votes

Does anyone know how to properly fill out a final lien waiver form?  Here is the link to one that is specific to Georgia.  https://www.zlien.com/forms/Georgia-Lien-Waiver-Fi...

In the "employed by" line if the contractor is an independent sole proprietor to I put "self" or if they have a business entity or work for a bigger company do I put that name?

Is it ok if I don't have a particular project name?

At the bottom does "seal" mean signature?  Is the printed name meant to go below that?  Would I be the witness if I am administering the document? 

Finally, do I need to worry about having subcontractors also complete this document or is the GC or overarching business entity sufficient?  

I'd appreciate any insight here.  

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    This particular form seems to be for suppliers and subs to the GC, but it may be sufficient for the GC as well (check to see if there is a different form).  If this is being executed a GC, then the "employed by" (think "under authority/under contract with) would be you, the owner.  A "name" of the project is not necessary.  the "seal" is for the Notary, this needs to be notarized.  No, you can not be witness.  Yes, you need the subs to each sign this.  The laws were enacted primarily to protect the subs/suppliers who have no direct contract with the owner.  It would be helpful to google up and read the lien laws for your state.  All the procedures and timelines are spelled out there.

  • Decatur, GA · Member since 2015 · 419 posts · 52 votes
    10y

    Thanks @Wayne Brooks.  Is the witness the notary public?  It doesn't look like there is a place for the contractors to even sign the document.  Do I just have several copies notarized and then given to each contractor?  Does this need to be done in front of a notary public?

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    The whole purpose of a notary, is to verify the identity of the person signing the document, and witness that they actually signed it.

  • Decatur, GA · Member since 2015 · 419 posts · 52 votes
    10y

    Thanks @Wayne Brooks.  I'm surprised that the requirement is to bring each contractor to a notary public after each project.  The information on lien waivers in the below link suggests that all that would be needed is to have the contractors sign the document themselves.  However, it is still unclear who typically plays the role of the witness or even who's address - the witness or the contractor - is meant to be included at the bottom.  I realize to some that some of these questions might be obvious, but there's not point in completing a lien waiver form if it's not completed properly.  I've looked online and found plenty examples of this form, but not clear instructions on these details.  

    http://constructionliens.uslegal.com/state-laws/georgia-lien-law-summary/

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