Legal

Colorado mechanics lien law and deadlines

In Colorado, most claimants must file a lien statement with the county clerk and recorder within four months after their last work or materials, after serving a notice of intent at least 10 days before filing. Suit must be filed, and notice of it recorded, within six months after the last work or completion.

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Colorado's mechanics lien statute is C.R.S. 38-22-101 and following. There is no mandatory up-front notice, but there is a mandatory notice of intent: serve it on the owner and the prime contractor at least 10 days before you file. The lien statement goes to the county clerk and recorder within four months after your last work or materials (two months after completion for workers paid by the day or piece who furnish no materials). Then you must sue, and record notice of the suit, within six months. Owner-occupied homes get a strong payment defense.

Colorado mechanics lien deadlines at a glance
StepDeadline or ruleStatute
Up-front notice to ownerOptional; requires the owner to withhold enough to cover your claimC.R.S. 38-22-102(4)
Notice of intent to fileServed on owner and prime contractor at least 10 days before filing38-22-109(3)
File lien statement (most claimants)Within 4 months after the claimant's last labor or materials38-22-109(5)
File lien statement (labor by the day or piece, no materials)Within 2 months after completion of the structure38-22-109(4)
Where to fileCounty clerk and recorder where the property is38-22-109(1)
Suit to enforceWithin 6 months after last work or completion, plus a recorded notice of the action38-22-110
Owner-occupied homesAffirmative defense if owner paid the contract amount in full38-22-102(3.5)
Public projectsNo lien; verified claim before final settlement and bond suit within 90 days38-26-106, 38-26-107

Who can claim a Colorado lien

Section 38-22-101 has one of the broadest claimant lists in the country. It covers contractors, subcontractors, builders, mechanics, material suppliers, people who supply laborers or rent machinery, tools, or equipment, and architects, engineers, draftsmen, and artisans who furnish designs, plans, surveys, estimates, or superintendence. Every contractor, architect, engineer, or sub in charge of the work is treated as the owner's agent. Claimants are entitled to interest at the contract rate or, if none, 12 percent per year.

Owners have a duty too. Contracts over $500 must be in writing, and the owner is supposed to record the contract or a memorandum before work starts. If that does not happen, the work is treated as done at the owner's personal request, and each claimant has a lien for the value of what it furnished.

Notices: optional up front, mandatory before filing

Colorado has no required preliminary notice. Two optional notices are still worth sending.

  • Notice to owner or disburser (38-22-102(4)). Any claimant except the prime contractor can notify the owner, architect, or construction lender in writing of what it is furnishing and the amount. The recipient must then withhold enough from the prime contractor to cover the claim. Send this the moment a GC's payments start slipping.
  • Notice extending the filing time (38-22-109(10)). A claimant can record a notice with the clerk and recorder that extends its filing deadline to four months after completion of the structure or six months after the notice, whichever comes first. Helpful for early trades like excavation and foundations.

The notice of intent to file a lien statement is the mandatory one. Serve it on the owner (or owner's agent) and the prime contractor (or its agent) at least 10 days before filing, by personal service or registered or certified mail, return receipt requested. File an affidavit of service along with the lien statement. Practical math: a framing sub whose last day on site was June 3 has until early October to file, so the notice of intent should go out by late September at the latest.

Filing the lien statement

Under 38-22-109, file with the county clerk and recorder where the property (or most of it) is located. The statement must give the owner's name, the claimant's name, the name of the person who furnished the work, the contractor's name when the claimant is a sub, a property description sufficient to identify it, and the amount due. It must be signed and sworn. Trivial unfinished items do not delay completion, and three months of no work counts as abandonment, which is treated as completion.

Enforcing the lien

Section 38-22-110 says no lien holds the property longer than six months after the last work or materials, or after completion of the structure as set out in 38-22-109, unless suit is filed within that time and a notice of the suit is recorded with the clerk and recorder in the same period. Both steps matter. Skipping the recorded notice can sink an otherwise valid claim.

Lien waivers

Colorado does not prescribe mandatory waiver forms. Under 38-22-119, an agreement to waive a lien binds only the parties to that agreement, and a lien waiver must include a statement by the person waiving that all debts owed to third parties for the covered goods or services have been paid or will be timely paid. GCs should make sure the waivers they collect from subs include that statement. Subs should sign conditional waivers until payment clears.

Owner-occupied and residential work

Under 38-22-102(3.5), an owner has an affirmative defense to a lien if it paid the full contract amount, plus change orders, to the prime contractor or a sub for payment to the people who did the work. It applies to existing single-family homes, to a residence built by or for the owner before occupying it as a primary residence, and to single-family owner-occupied homes. The owner-occupied prong does not cover a developer or builder of multiple homes, except for the one it lives in as its primary residence. For a sub on a remodel, that means the homeowner who paid in full may owe you nothing, so collect from the contractor early and use the optional notice to owner before the owner's final payment.

Public projects use bonds and verified claims

Public property cannot be liened. Under 38-26-106, contractors on local public works over $50,000, state public works over $150,000, and certain projects on public property over $150,000 must provide a bond of at least half the contract amount that covers unpaid labor and material, with 8 percent interest. Under 38-26-107, an unpaid claimant may file a verified statement of the amount due with the awarding body any time up to final settlement. For contracts over $150,000, the agency must publish notice of final settlement at least 10 days in advance. Suit on the payment bond must be filed within 90 days after the published final settlement date.

Related Colorado rules: Colorado contractor licensing and Colorado prompt payment. Smart Business Automator tracks last-work dates and aging by job so the notice of intent goes out on time; see construction accounts receivable automation.

Frequently asked questions

How long do I have to file a mechanics lien in Colorado?

Most claimants have four months after their last labor or materials (C.R.S. 38-22-109(5)). Workers paid by the day or piece who furnish no materials must file within two months after completion of the structure.

Does Colorado require a preliminary notice?

No up-front notice is required, but a notice of intent to file must be served on the owner and prime contractor at least 10 days before the lien statement is filed (38-22-109(3)).

How long does a Colorado mechanics lien last?

Six months after the last work or materials, or after completion as set out in 38-22-109, unless suit is filed and a notice of the action is recorded within that time (38-22-110).

Can a subcontractor lien a homeowner who already paid the contractor in Colorado?

The homeowner may have an affirmative defense under 38-22-102(3.5) if it paid the full contract amount, including change orders, on an existing single-family home or owner-occupied residence.

What must a Colorado lien waiver say?

Under 38-22-119, it must include a statement that all debts owed to third parties for the covered goods or services have been paid or will be timely paid.

Sources

  1. C.R.S. 38-22-101: Lien on property (statute text via public.law)
  2. C.R.S. 38-22-102: Contract price, homeowner defense, notice to owner (statute text via public.law)
  3. C.R.S. 38-22-109: Lien statement, notice of intent, filing deadlines (statute text via public.law)
  4. C.R.S. 38-22-110: Time for enforcing lien (statute text via public.law)
  5. C.R.S. 38-22-119: Agreement to waive (statute text via public.law)
  6. C.R.S. 38-26-106: Public works bond (statute text via public.law)
  7. C.R.S. 38-26-107: Claims on public works and final settlement (statute text via public.law)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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