Colorado Mechanics' Mechanic Lien Deadlines

All Claimants — 4-Month Recording Deadline

Under Colorado law, every person who performs labor or furnishes material used in the construction of improvements must record a mechanic lien statement within 4 months from the date of last performance. C.R.S. §38-22-101.

The mechanic lien statement is recorded with the county clerk and recorder in the county where the improved property is located. This 4-month deadline applies to all claimant types — contractors, subcontractors, materialmen, and laborers.

10-Day Pre-Filing Notice Requirement

Before recording the mechanic lien statement, the claimant must have provided a written Notice of Intent to File a Mechanic Lien to the owner and general contractor at least 10 days prior to recording. C.R.S. §38-22-109(3).

This means the effective deadline for serving the Notice of Intent is approximately 3 months and 20 days after last performance, to allow for the 10-day waiting period before the 4-month recording deadline expires.

Claimant Eligibility

Every person who performs labor or furnishes material used in construction of improvements to real property has mechanic lien rights in Colorado. This includes general contractors, subcontractors, materialmen, and laborers.

Sub-materialmen (suppliers to suppliers) are specifically excluded from mechanic lien rights under Colorado law. Only those who directly furnish materials for use in the construction have standing to file a mechanic lien.

Owner's Affirmative Defense — Residential Projects

Colorado provides an affirmative defense for owners of certain residential projects of up to 4 units who pay a higher-tier party. If the owner has made payment to the contractor in good faith and the contractor fails to pay a subcontractor, the owner may have a defense to the mechanic lien claim.

This defense reflects Colorado's policy of protecting residential homeowners from double-payment situations while still preserving the mechanic lien rights of unpaid subcontractors and suppliers.

Public Projects — No Mechanic Lien Available

Mechanics' mechanic liens cannot be filed against public property in Colorado. On public construction projects, unpaid contractors, subcontractors, and suppliers must pursue payment through a claim against the project's payment bond under C.R.S. §38-26-101 et seq. (contracts over $50,000) or through a claim against unexpended funds under C.R.S. §38-26-107 et seq.