No. Some businesses might request notarization, but Colorado lien waiver law does not require lien waivers to be notarized.

Lien waivers are requested in Colorado when they are needed for payment. Although lien waivers are commonplace in the Colorado construction industry, they aren’t required.

A Colorado lien waiver waives the right to sue a payor if they do not pay. The lien waiver acts as a receipt of payment to ensure a lien cannot be placed on a property due to non-payment for construction costs.

Lien waivers cannot be used to waive the right to sue for claims of:

• Fraud
• Abandonment
• Recission
• Breach of contract

No. The state of Colorado does not have required statutory lien waiver forms.

Yes. Colorado recognizes four lien waiver forms:

• Conditional lien waiver (for progress payment)
• Unconditional lien waiver (for progress payment)
• Conditional lien waiver (for final payment)
• Unconditional lien waiver (for final payment)

In Colorado, unconditional lien waiver forms are used when payment for the work or supplies has already been made. Important note: Unconditional lien waivers do NOT protect against insufficient funds (a bounced check). Anyone asked to sign an unconditional lien waiver should only sign it if the check has cleared and funds are in your account.

In Colorado, a conditional lien waiver may be used before payment is made. The “condition” being that payment will be made and lien rights will be waived once the payment is received.

You have two options available to you — manually find a standard lien waiver form for Colorado, or allow Flexbase’s templates to semi-automate the process. We ensure accuracy and completion on all lien waivers.

Yes. Colorado is one of two states that allow lien rights to be waived in the contract before work has been done.

A conditional lien waiver is the only type of lien waiver form you should sign before payment. The use of conditional language in the lien waiver means you are waiving your right to place a lien on a property after payment is received.

If the contractor or subcontractor you’re working with requires a lien waiver from the suppliers before releasing payment, then yes, lien waivers will be needed for all materials.

The lien waiver must be unambiguous and clearly state the intent to waive lien rights. If the waiver is ambiguous, the form will only waive rights in the amount that is actually received.