What is the difference between a conditional and unconditional lien waiver in Colorado?
Last reviewed July 5, 2026
In Colorado, a conditional lien waiver releases a subcontractor's lien rights only after payment is received. An unconditional lien waiver releases those rights immediately, regardless of whether payment has actually been made. This means you should be careful with unconditional waivers, as they can expose you to payment issues.
Key points
- Conditional waivers depend on payment receipt.
- Unconditional waivers release lien rights immediately.
- Conditional waivers protect against non-payment.
- Check Colorado's lien statutes for specifics.
Using a conditional lien waiver can help ensure you get paid before giving up your rights. Unconditional waivers are riskier since they don't guarantee payment. Always review these documents carefully and consider the payment status before signing any waiver.
How Alloovium helps
Alloovium can help track lien waiver status and compliance with Colorado's requirements.
See how it worksRelated questions
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- Do I need to send a preliminary notice before filing a lien in Colorado?
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- How much retainage can be withheld on a construction project in Colorado?
- What are the prompt payment rules for construction in Colorado?
- What is the deadline to file a mechanics lien in Colorado?
General information for US construction professionals — not legal advice. Lien deadlines, retainage caps and notice rules vary by state; verify with the state statute or a construction attorney.