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Colorado Unconditional Waiver and Release Upon Progress Payment

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UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT

This Instrument Prepared By:

Name

Address

UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT

(C.R.S. Article 22, Title 38, Mechanics’ Lien)

The undersigned, , has been paid and has received a progress payment in the sum of $ for labor, services, equipment or material furnished to

(Your ) on the job of (Customer’s) (Owner’s) property located at

in the City of , County of , State of Colorado, and does hereby waive and release any right to a mechanic’s lien, stop notice, or any right against a labor and material bond on the job to the following extent.

This release covers a progress payment for labor, services, equipment, or materials furnished to , your customer, through the day of , only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date.

Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic’s lien, stop notice, or any right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment.

Dated this the day of , .


(Company Name)

By

Print/Type Name

Title

NOTICE

THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID.

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What this Colorado Unconditional Waiver and Release Is

The Colorado Unconditional Waiver and Release Upon Progress Payment is a one-way legal document used in construction and contracting to confirm that a claimant (contractor, subcontractor, or supplier) accepts a specified progress payment and, in exchange, unconditionally waives lien rights and related claims up to the date and amount shown. It is commonly issued when a partial payment is received during a project and is intended to prevent future mechanic’s lien filings for the covered work or materials. Electronic execution is generally recognized under federal and most state e-signature laws, subject to limited exceptions.

Why parties use this waiver

An unconditional waiver clarifies payment acceptance, reduces post-payment disputes, and provides owners evidence that a progress payment extinguished lien rights for the covered period. It helps streamline accounting and closeout when used accurately and with supporting payment documentation.

Why parties use this waiver

Who typically completes and signs this form

The waiver is most often completed by the payee (contractor, subcontractor, or supplier) and delivered to the payer (owner, general contractor, or construction manager).

  • General contractors sending progress payments to subcontractors and suppliers to clear lien exposure for the amount paid.
  • Subcontractors or suppliers who received a partial payment and must document release of claim rights for that payment.
  • Owners or lenders who require proof of lien releases to confirm funds clear for disbursement or lien-free title.

Use the form only for the payment and period specified; unconditional waivers remove lien rights for the stated amount and date and should match remittance details.

Key signer roles

General Contractor

A general contractor will request progress waivers from subcontractors to protect the owner and lenders and to support periodic draws under the construction financing schedule. The contractor must ensure amounts and dates match payment records to avoid disputes.

Property Owner

An owner receives waivers to confirm that payments made clear existing lien exposure for the covered portion of work. Owners should verify the waiver matches the payment remittance and project records before relying on it for disbursement.

Core elements found in a professional Colorado waiver

A properly drafted Unconditional Waiver and Release Upon Progress Payment includes identifiers, payment details, explicit waiver language, signature and date lines, and references to the covered period or invoice.

Claimant Information

Full legal name, business entity type, and address for the party giving the waiver; must match contract or invoice to avoid identity mismatch.

Payee / Payor Details

Name of the party receiving the waiver (owner or contractor) and project location so the waiver is linked to the correct job and payment source.

Payment Description

Exact dollar amount, date of payment, payment method, and invoice or draw number tied to the progress payment to clearly limit the waiver’s scope.

Waiver Language

Unconditional release clause stating the claimant waives lien and related claims up to the stated amount and date without further conditions.

Signature Block

Authorized signer name, title, signature, and signature date; entity authority should be documented to confirm signatory power.

Supporting Reference

Optional attachments or references such as the invoice, payment remittance, or project contract exhibit to corroborate the payment described.

Step-by-step: completing and delivering the waiver

Follow these sequential steps to prepare a valid unconditional waiver and reduce disputes.

  • 01
    Confirm payment: Verify funds cleared or payment receipt is documented before issuing the waiver.
  • 02
    Populate fields: Enter claimant, payor, amount, date, and invoice fields exactly as verified.
  • 03
    Sign and date: Have an authorized representative sign and include their printed name and title.
  • 04
    Deliver and retain: Send the executed waiver to the payer and keep a copy with payment records and audit trail.

Typical routing and handling workflow

This outlines common routing: creation, verification, signature, return, and recordkeeping stages for the waiver.

  • Create Document: Prepare the waiver with full project and payment details.
  • Verify Payment: Match bank remittance or check stub to the amount and date.
  • Sign Electronically: Sign via a compliant e-signature solution or wet signature if required.
  • Distribute & Archive: Send to payer and retain copies with payment evidence for audits.

Suggested online form and workflow settings

Configure your digital workflow to collect accurate data, authenticate signers, and preserve a complete audit trail.

Authentication Method Use email link with optional SMS code for signer verification
Required Fields Make claimant, payor, amount, date, and signature mandatory
Document Template Lock core waiver language to prevent accidental edits
Attachment Requirement Require payment proof (remittance stub or receipt) for validation
Audit Trail Enable IP, timestamp, and action log retention for evidentiary support

Digital signing and file format considerations

Choose a platform that preserves the document, provides an audit trail, and supports required file formats and integrations.

  • File Formats: PDF and DOCX are standard for waivers
  • Integrations: Connectors like NetSuite or Procore streamline recordkeeping
  • Security: Audit trails, TLS in transit, AES-256 at rest

Security and compliance checkpoints

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encrypted storage
Audit Trail: IP, timestamp, and action log
HIPAA Readiness: BAA required for PHI-containing workflows
ESIGN / UETA: Compliant e-signature framework
Access Controls: Role-based signer authentication

Key risks and consequences of errors

Invalid Waiver: May not release lien rights
Payment Mismatch: Triggers payment disputes
Unauthorized Signer: Waiver challenge or litigation
Record Loss: Evidence deficiency in audits
Tax Withholding: TIN mismatch can cause backup withholding
Timing Errors: Waiver issued before funds clear

Common mistakes to avoid

  • Issuing an unconditional waiver before the payment clears, creating exposure if the payment is returned or reversed.
  • Entering inconsistent claimant or payor names that do not match contracts, invoices, or tax records and causing identity disputes.
  • Failing to attach payment remittance or invoice references, which weakens the link between the waiver and the covered payment.
  • Using vague language or incorrect amounts that leave uncertainty about the time period or sum the waiver actually covers.

Timing and processing expectations

Issue the waiver only after verifying the progress payment; retain a signed copy and all payment evidence for your records.

When to Issue:

After payment clears or when payer and claimant mutually agree funds are received

Record Retention:

Keep the executed waiver with payment evidence for audit and lien defense

Disbursement Timing:

Owners may require waivers before releasing subsequent draw funds

Contractual Deadlines:

Follow any project-specific draw schedule or contract timing requirements

Dispute Window:

Raise payment errors promptly to preserve remedies

Key milestones in waiver lifecycle

Sequential stages show the critical points where actions and documentation are required to create an effective waiver.

01

Contract Execution

Project contract terms, payment schedule, and waiver provisions are established.

02

Work Performed

Work or materials delivered and billed according to pay application.

03

Progress Payment Received

Confirm funds cleared or payment receipt matches the invoice.

04

Waiver Issued

Claimant signs and returns the unconditional waiver tied to that payment.

eSignature vendor comparison for issuing and signing waivers

Basic pricing and capability differences across common eSignature vendors. signNow appears first for direct feature comparison; verify plan details with each vendor before purchasing.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently asked questions and common issues

Answers to common questions about enforceability, e-signatures, revocation, notarization, and recordkeeping for Colorado unconditional waivers.


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