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Lien waivers by state · Colorado

Colorado lien waiver requirements

Colorado is a statutory-form state

Colorado does not prescribe a complete, fill-in-the-blank statutory lien waiver form, so waivers may be largely freely worded. However, by statute (C.R.S. § 38-22-119) any agreement to waive lien rights must include a statement, in substance, that all debts owed to third parties relating to the goods or services covered by the waiver have been or will be timely paid. A waiver also binds only the parties to it and should be clear and unambiguous in expressing intent to waive.

Statute: Colo. Rev. Stat. § 38-22-119 (waiver/agreement to waive); lien deadlines and Notice of Intent at § 38-22-109

Colorado lien waiver forms

The four standard waiver-and-release types and Colorado’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Colorado does not require lien waivers to be notarized; notarization is optional and may be done if a party requests it.
Mandatory statutory language: Colorado does not mandate a full statutory waiver form, but C.R.S. § 38-22-119(2) requires every waiver to contain a statement (in substance) 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. The exact wording need not match verbatim ("in substance").
Electronic signatures accepted

Key Colorado deadlines

Preliminary / pre-lien notice: None. Colorado does not require a preliminary notice for private commercial projects (no general 20-day/pre-lien notice requirement).
Notice of intent to lien: A Notice of Intent to file a lien must be served on the owner and the prime/principal contractor at least 10 days before filing the lien statement (C.R.S. § 38-22-109(3)); an affidavit of service must be recorded with the lien statement.
Mechanics lien filing deadline: Within 4 months after last furnishing labor/materials for most claimants (contractors, subs, suppliers); laborers working by the day or piece without furnishing materials must record within 2 months after completion of the improvement (C.R.S. § 38-22-109).

Colorado lien waiver FAQ

Does Colorado require a specific lien waiver form?

No. Colorado does not prescribe a specific or complete statutory lien waiver form, so the form may be freely worded. However, C.R.S. § 38-22-119 requires that a waiver include a statement (in substance) that all debts owed to third parties for the covered goods or services have been or will be timely paid.

Do lien waivers need to be notarized in Colorado?

No. Colorado does not require lien waivers to be notarized; it is optional and only done if a party requests it.

Can lien waivers be signed electronically in Colorado?

Yes. Colorado has adopted the Uniform Electronic Transactions Act (UETA), which gives electronic signatures the same legal effect as handwritten ones, so lien waivers can generally be signed electronically.

What is the deadline to file a mechanics lien in Colorado?

Most claimants (general contractors, subcontractors, and suppliers) must record a mechanics lien within 4 months after last providing labor or materials; laborers paid by the day or piece must record within 2 months. A Notice of Intent must also be served at least 10 days before filing.