Colorado Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanics' Mechanic Lien Rights Under Colorado Revised Statutes C.R.S. §38-22-101 — Private Works, Trust Fund Protections & Public Bond Claims
Colorado mechanic lien deadline table with toggles for project type and claimant type.
Colorado Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
No pre-work preliminary notice is required for a prime contractor in privity with the owner.
A Notice of Intent to File Lien Statement must still be served on the owner and the prime contractor at least 10 full days before recording the Lien Statement.
Service must be by personal service or by registered or certified mail with return receipt requested.
An affidavit proving proper service of the Notice of Intent to File Lien Statement must be recorded with the Lien Statement.
Record the Lien Statement with the county clerk and recorder within 4 months after the last day labor or materials were furnished to the project.
Punch-list items and remedial work do not extend the 4-month filing period.
A Notice of Extension may be recorded before the deadline to extend the filing period to the earlier of 4 months after completion of the structure or 6 months after recording the Notice of Extension.
On a one- or two-family dwelling sold to a bona fide purchaser, the 4-month period is shortened to 2 months.
Commence an action to foreclose the Lien Statement within 6 months after completion of the improvement or the last day labor or materials were furnished, whichever is later.
Preliminary Notice
No pre-work preliminary notice is required for a prime contractor in privity with the owner.
A Notice of Intent to File Lien Statement must still be served on the owner and the prime contractor at least 10 full days before recording the Lien Statement.
Service must be by personal service or by registered or certified mail with return receipt requested.
An affidavit proving proper service of the Notice of Intent to File Lien Statement must be recorded with the Lien Statement.
Mechanic Lien
Record the Lien Statement with the county clerk and recorder within 4 months after the last day labor or materials were furnished to the project.
Punch-list items and remedial work do not extend the 4-month filing period.
A Notice of Extension may be recorded before the deadline to extend the filing period to the earlier of 4 months after completion of the structure or 6 months after recording the Notice of Extension.
On a one- or two-family dwelling sold to a bona fide purchaser, the 4-month period is shortened to 2 months.
Enforcement
Commence an action to foreclose the Lien Statement within 6 months after completion of the improvement or the last day labor or materials were furnished, whichever is later.
Colorado Mechanic Lien Law Overview
Colorado construction mechanic lien rights are governed by Colorado Revised Statutes C.R.S. §38-22-101 et seq. This statutory framework protects the payment rights of every person who performs labor or furnishes material used in the construction of improvements to real property in Colorado. Notably, sub-materialmen (suppliers to suppliers) are not entitled to a mechanic lien under Colorado law.
A distinctive feature of Colorado mechanic lien law is the Notice of Intent to File Mechanic Lien Statement requirement. Before recording a mechanic lien, the claimant must provide written notice of intent to file a mechanic lien to the owner and general contractor at least 10 days prior to recording the mechanic lien statement. This notice must be served by personal service, registered mail, or certified mail with return receipt requested. C.R.S. §38-22-109(3).
Colorado also provides two types of disburser notices. A Notice to Disburse Direct notifies the party disbursing funds that complete payment to the general contractor will not be a valid defense to a mechanic lien. A Disburser's Notice is simply a notification that the subcontractor or supplier is working on a stated project but has no legal effect. C.R.S. §38-22-126.
Colorado provides additional remedies including trust fund protections (all funds disbursed to any contractor or subcontractor are impressed with a trust) and, for public works, payment bond claims under C.R.S. §38-26-101 et seq. for contracts over $50,000 and claims against unexpended funds under C.R.S. §38-26-107 et seq. National Lien & Bond provides authoritative guidance on every aspect of Colorado construction mechanic lien compliance.
Topics on This Page
Colorado Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Colorado construction mechanic lien law.
Notice Requirements
Notice of Intent to File Mechanic Lien, disburser notices, trust fund protections, and public works notice rules under Colorado law
Mechanic Lien Deadlines
4-month mechanic lien recording deadline, 10-day pre-filing notice, and filing procedures under C.R.S. §38-22-101
Mechanic Lien Enforcement Deadlines
6-month suit deadline, public works bond claim enforcement, unexpended funds claims, and litigation timelines
Frequently Asked Questions
What statute governs mechanics' mechanic liens in Colorado?
Private works mechanics' mechanic lien rights are governed by C.R.S. §38-22-101 et seq. Public works payment bond claims fall under C.R.S. §38-26-101 et seq. Claims against unexpended funds are under C.R.S. §38-26-107 et seq.
What is the Notice of Intent to File Mechanic Lien in Colorado?
Before recording a mechanic lien, the claimant must provide written notice to the owner and general contractor at least 10 days prior to recording. Service must be by personal service, registered mail, or certified mail with return receipt requested. C.R.S. §38-22-109(3).
What is the deadline to file a mechanics' mechanic lien in Colorado?
All claimants must record a mechanic lien statement within 4 months from the date of last performance under C.R.S. §38-22-101.
How long do I have to enforce a Colorado mechanics' mechanic lien?
Suit may be filed at any time after performance but must be filed no more than 6 months after completion of the project.
Do sub-materialmen have mechanic lien rights in Colorado?
No. Under Colorado law, sub-materialmen (suppliers to suppliers) are not entitled to a mechanics' mechanic lien.
Can I file a mechanic lien on a public project in Colorado?
No. Mechanics' mechanic liens cannot be filed on public property. Payment rights are pursued through payment bond claims (contracts over $50,000) under C.R.S. §38-26-101 or claims against unexpended funds under C.R.S. §38-26-107.