Colorado Construction Lien Guide
Colorado mechanics lien law is governed by C.R.S. §§ 38-22-101 through 38-22-133.
If you provide labor, materials, equipment, or professional services that improve real property in Colorado and are not paid, this guide explains how to protect your lien rights.
Keep in mind that Colorado Mechanics Lien, Construction Lien and Claim of Liencan be used interchangeably.
LET’S LEARN THE BASICS OF COLORADO CONSTRUCTION LIENS
⭐ Who Can File a Mechanics Lien in Colorado?
Colorado grants mechanics lien rights to:
General contractors
Subcontractors
Sub-subcontractors
Material suppliers
Equipment rental companies
Laborers
Architects, engineers, and other design professionals
⭐ Colorado Lien Deadlines (Critical)
LIEN IT OR LOSE IT!
All Colorado mechanics lien deadlines are calculated from the claimant’s last date of furnishing labor, materials, equipment, or professional services to the project. This date is critical because it controls both the deadline to record the lien and the deadline to enforce it, and Colorado courts apply these deadlines strictly and without exception.
Missing any mechanics lien deadline in Colorado results in a complete loss of lien rights. The law does not allow extensions, grace periods, relation-back arguments, or equitable exceptions, even when the debt is undisputed or the property owner had actual notice of the claim.
Deadline #1: Send Colorado Preliminary Notice, if applicable
The Notice to Owner informs a residential property owner that:
Lower-tier parties are working on the project, and
Those parties may assert lien rights if unpaid
Must be sent 60 days of first furnishing labor or materials
Deadline #2: Send Colorado Notice of Intent to Lien
The Notice of Intent to Lien gives the property owner a final warning that:
Payment has not been made, and
A mechanics lien will be recorded if the issue is not resolved
Must be sent at least 10 days before recording the mechanics lien
(See below for a detail explanation)
Deadline #3 — Record Colorado Mechanics Lien
A Colorado mechanics lien deadline to record a lien depends on project type:
General contractors:
➜ 4 monthsfrom last furnishingSubcontractors & suppliers:
➜ 2 monthsfrom last furnishing
Liens are recorded with the County Clerk and Recorder where the property is located.
Deadline #4 — Enforce the Colorado Mechanics Lien
A Colorado mechanics lien must be enforced by filing a foreclosure lawsuit:
Within six (6) months after the lien is recorded
Failure to enforce within this period causes the lien to expire automatically.
BEFORE YOU CAN FILE A COLORADO CONSTRUCTION LIEN, YOU MUST UNDERSTAND TWO DISTINCT NOTICES: PRELIMINARY NOTICE AND NOTICE OF INTENT TO LIEN. THE NOTICES PROTECTS YOUR LIEN RIGHTS.
⭐ Colorado Preliminary Notice
Colorado also has a preliminary notice requirement, but it is limited in scope. The purpose of a Colorado Preliminary Notice is to inform the owner of a residential project that lower-tier parties are working on the project, and those parties may assert lien rights if unpaid
A Notice to Owner is requiredwhen all of the following are true:
The project is residential
The property consists of 1–4 dwelling units
The owner occupies or will occupy the property as a residence
The claimant is a subcontractor or supplier
The claimant does not have a direct contract with the owner
Who Must Send A Colorado Preliminary Notice
Colorado Preliminary Notice applies only to:
Subcontractors and suppliers
Working on residential projects
When the owner occupies or will occupy the property
Who does not need to send a Colorado Preliminary Notice?
General contractors do not send this notice.
When Must a Colorado Preliminary Notice Be Sent?
Within 60 days of first furnishing labor or materials
⭐ Colorado Notice of Intent to Lien
Colorado requires every lien claimant, including general contractors, to serve a Notice of Intent to Lien before recording a mechanics lien.
Who Must Send a Colorado Notice of Intent to Lien?
In Colorado, all lien claimants, regardless of their tier with the owner must file a Notice of Intent to Lien, this include:
General contractors
Subcontractors
Suppliers
Design professionals
What is Colorado Notice of Intent Deadline:
The Colorado Notice of Intent to Lien must be served at least 10 days before recording the lien.
Do I Serve the Colorado Notice of Intent to lien?
Yes, service can be completed by personal service, or Registered or certified mail.