Colorado Lien Waiver Forms — Generate in 60 Seconds
Generate Colorado-compliant lien waivers that include the mandatory third-party payment statement required by CRS 38-22-119. Colorado doesn't prescribe statutory form language, but every waiver must include a statement that third-party debts have been or will be timely paid. All four waiver types available with free preview.
Which Type Do You Need?
Colorado uses the standard 4-type framework but has no statutory form — our templates are custom-designed using the requirements of CRS 38-22-119, including the mandatory third-party payment statement. One critical Colorado quirk: advance waivers are enforceable here, so read your contract carefully before signing.
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Sign Up FreeColorado Lien Waiver Rules at a Glance
No mandatory statutory form
CRS 38-22-119 does not prescribe specific form language. Waivers must clearly express intent to waive and include a third-party payment statement.
Third-party payment statement required
Every waiver must state that "all debts owed to any third party... relating to the goods or services covered by the waiver... have been paid or will be timely paid" (CRS 38-22-119).
Advance waivers ARE enforceable
Colorado is one of only two states where lien rights can be waived in the contract before work begins. Read your contract carefully.
Notarization NOT required
Colorado lien waivers are enforceable without notarization. No practical benefit to getting them notarized.
5% retainage cap
HB 21-1167 caps retainage at 5% on private projects over $150,000. Exempt: single-family homes and small multi-family buildings.
Trust fund statute
CRS 38-22-127: construction funds are held in trust. Diverting funds meant for subs or suppliers is criminal theft.
Colorado Lien Waiver Legal Requirements
Colorado does not prescribe mandatory lien waiver form language. CRS 38-22-119 governs lien waiver agreements and imposes two key requirements: (1) waivers bind only the parties to the contract — you cannot waive another party's lien rights, and (2) every waiver must include a statement that all third-party debts related to the covered work have been paid or will be timely paid. This third-party payment statement is Colorado's most distinctive waiver requirement and protects owners and GCs from paying a contractor who hasn't paid their subs and suppliers. Colorado is also one of only two states (Nebraska is the other) that allows advance lien waivers — meaning your contract can include a clause waiving lien rights before work even begins. This makes reading your contract carefully more important in Colorado than in most states. HB 21-1167 (effective September 7, 2021) capped retainage at 5% on private projects exceeding $150,000 and tied retainage release to lien waivers when specified in the contract.
Recent Law Changes
- HB 21-1167 (effective September 7, 2021): capped retainage at 5% on private projects over $150,000. Requires lien waivers for retainage release if specified in the contract.
Colorado Conditional Progress Waiver
What It Is
Custom template waiving lien rights for a progress payment, conditioned on receipt and clearance of payment. Includes the mandatory third-party payment statement.
When to Use
When exchanging a waiver for a progress payment you haven't received yet or that hasn't cleared.
Key Legal Points
- No statutory form — our template follows CRS 38-22-119 requirements.
- Conditional on payment clearance — protects you if the check bounces.
- Includes the mandatory third-party payment statement required by CRS 38-22-119.
- Waiver binds only the parties to the contract — cannot waive anyone else's lien rights.
- Retainage preserved — template explicitly excludes retained amounts.
Tips
- Colorado's third-party payment statement means you're affirming your subs and suppliers are paid. Make sure that's true.
- Keep a copy with proof of the payment amount and period covered.
- If your contract includes an advance waiver clause, a conditional waiver still provides additional protection for specific draws.
Colorado Unconditional Progress Waiver
What It Is
Immediately and irrevocably waives lien rights for the specified progress payment amount upon signing. Includes the third-party payment statement.
When to Use
Only after you've received the progress payment and it has cleared your bank.
Key Legal Points
- Effective immediately upon signing — no safety net if payment fails.
- Ambiguity works in your favor: under Colorado case law, ambiguous waivers waive rights only to the extent of actual payment received.
- Includes the mandatory third-party payment statement (CRS 38-22-119).
- Retainage excluded from the waiver scope.
Warning
Colorado doesn't prohibit requiring unconditional waivers before payment (unlike Texas). If a GC pressures you to sign before payment clears, push back and offer a conditional waiver instead.
Tips
- If there's any ambiguity in the waiver language, Colorado courts construe it to waive only the amount actually received.
- Document that payment cleared before signing. Keep bank records.
Colorado Conditional Final Waiver
What It Is
Waives all remaining lien rights for the entire project, conditioned on receipt and clearance of final payment including retainage.
When to Use
When requesting final payment (including retainage) and you want protection until the check clears.
Key Legal Points
- Covers ALL remaining work and lien rights for the project.
- Conditional on final payment clearing.
- Should address retainage explicitly — Colorado's 5% cap (HB 21-1167) applies to private projects over $150,000.
- Third-party payment statement covers all subs and suppliers for the entire project.
- Trust fund statute (CRS 38-22-127) provides additional protection — funds must be used to pay your subs and suppliers.
Tips
- Verify the final payment amount includes all retainage. Colorado caps retainage at 5% for qualifying private projects.
- The trust fund statute means the GC can face criminal charges for diverting your payment to other projects.
Colorado Unconditional Final Waiver
What It Is
Complete and permanent release of ALL lien rights for the entire project. Effective immediately upon signing.
When to Use
Only after ALL payment — including final payment and all retainage — has been received and cleared.
Key Legal Points
- Most consequential Colorado waiver form — releases everything, permanently.
- Effective immediately. No recall.
- Third-party payment statement applies to all debts for the entire project.
- Trust fund statute (CRS 38-22-127) still provides recourse if funds were criminally diverted.
- Waiver binds only you — your subs may still have independent lien rights.
Warning
Do not sign with any amounts outstanding. Colorado's advance waiver rules make this even more critical — if your contract already contains a lien waiver clause, this final unconditional waiver closes the last door.
Tips
- This is the final, complete release. Verify every dollar — including all retainage — before signing.
- If disputes remain, use a conditional final instead and resolve separately.
- Keep all payment records. If fraud occurred, the trust fund statute (CRS 38-22-127) makes fund diversion criminal theft.
Common Colorado Lien Waiver Mistakes
- 1
Not knowing advance waivers are enforceable in Colorado
Colorado is one of only two states where lien rights can be waived in the contract before work begins. Many contractors sign contracts with advance waiver clauses without realizing it. Read every contract carefully — especially if you're used to working in states where advance waivers are void.
- 2
Missing the third-party payment statement
CRS 38-22-119 requires every lien waiver to include a statement that third-party debts have been or will be timely paid. A waiver without this statement may not be enforceable. Our templates include it automatically.
- 3
Confusing the lien filing deadlines
Colorado has two different deadlines: 2 months after completion for labor-only claims, and 4 months after last furnishing for material and other claims. Missing the deadline means losing your lien rights entirely.
- 4
Forgetting the 10-day notice of intent
Before filing a mechanics lien, you must serve a notice of intent at least 10 days in advance (CRS 38-22-109(7)). Skip this step and your lien filing is invalid, regardless of the deadline.
- 5
Not knowing the retainage cap changed in 2021
HB 21-1167 capped retainage at 5% on private projects over $150,000 (effective September 7, 2021). If a GC withholds more than 5%, they're violating state law. Exempt: single-family homes and small multi-family buildings under 5 units.
Colorado Lien Waiver FAQ
Does Colorado require statutory lien waiver forms?
Do lien waivers need to be notarized in Colorado?
What's the difference between a conditional and unconditional lien waiver in Colorado?
Can I waive lien rights before starting work in Colorado?
What is the third-party payment statement in Colorado lien waivers?
What are Colorado's lien filing deadlines?
Do I need to send a notice before filing a mechanics lien in Colorado?
What is Colorado's retainage cap?
What is Colorado's construction trust fund statute?
Can a lien waiver in Colorado bind parties who didn't sign it?
Lien Waiver Guides & Resources
Lien Waivers Meet QuickBooks Online: Automatic Sync for GCs
LienWaiver.pro now syncs lien waivers directly with QuickBooks Online. Generate waivers from QBO bills, track them, and attach signed PDFs back to the bill.
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Conditional vs Unconditional Lien Waiver: Which One Should You Sign?
Sign conditional waivers before payment clears, unconditional after. Here's the difference and why it matters.
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How to Fill Out a Lien Waiver Form: A Step-by-Step Guide
A lien waiver has 8-12 fields. Here's what goes in each one, common mistakes that invalidate waivers, and how to avoid signing away more than you should.
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Do Lien Waivers Need to Be Notarized? A State-by-State Guide
Only 2 states require notarized lien waivers by law. In California, notarization may actually invalidate your waiver. Here's what you need to know.
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Lien Waiver Forms for Other States
* = mandatory statutory form language required