There are two types of lien waivers -- conditional and unconditional. A conditional waiver depends on a triggering event occurring, which activates the waiver clause. The event is usually the payment of the due amount or the clearing of an issued check. A conditional waiver offers more protection for the contractor or subcontractor and less for the owner.

The second type of waiver is an unconditional waiver and is effective upon its issue to waive a lien claim for all or part of the potential claim amount. This waiver offers the owner stronger protection and the contractor or subcontractor less assurance of payment. Therefore, it should only be granted when the contractor or sub is close to 100% certain that payment will clear.

So, use the conditional waiver when receiving a check or some other form of payment that might not clear the bank. It is also useful when the owner promises to pay by a specific date in the future, say next Wednesday, but wants a waiver regardless.

Find Colorado's General Mechanic's Lien laws at C.R.S. 38-22.

This article is provided for informational purposes only and should not be relied upon as a substitute for an attorney's advice. Please contact a Colorado attorney with any specific question about lien waivers.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Conditional Lien Waiver

File a final lien waiver after project completion and payment
Protect your right to payment for home improvement work
Protect payment rights for electrical, plumbing, or HVAC work
Document consent of the property owner for improvements
Protect a contractor's right to payment for work performed
Document a change order that affects the scope of a project

Compare other Colorado deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Deed of Trust and Promissory Note Release of Deed of Trust WITH Production of Evidence Release of Deed of Trust WITHOUT Production of Evidence Assignment of Deed of Trust Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Limited Power of Attorney for the Sale of Real Property Limited Power of Attorney for the Purchase of Real Property Statutory Durable Power of Attorney Beneficiary Deed Beneficiary Deed Revocation Affidavit of Deceased Grantor Affidavit of Deceased Joint Tenant Disclaimer of Interest Personal Representative Deed of Distribution Personal Representative Deed of Sale Trustee Deed Preliminary Notice of Mechanics Lien Statement of Mechanics Lien Mechanics Lien Release Unconditional Lien Waiver Lis Pendens Lis Pendens Release Certificate of Trust Statement of Authority Mineral Deed Mineral Deed with Quitclaim Covenants

Important: County-Specific Forms

Our conditional lien waiver forms are specifically formatted for each county in Colorado.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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