Colorado mechanics lienDeadlines and how to file

How many days do you have to file a mechanics lien in Colorado?

Record the lien statement with the county clerk and recorder before 4 months after the last labor or materials furnished by that claimant; for day or piece labor with no materials, before 2 months after completion of the improvement. The statement gives the owner's name, claimant and contractor names, property description and the amount owed. A claimant may record a notice (name, contract party, address, property) that extends the filing deadline to 4 months after completion or 6 months after the notice, whichever comes first. An annual affidavit that the improvements are not complete keeps a lien alive past one year.¹ C.R.S. 38-22-109(1),(4),(5),(8),(10)

Do you need a preliminary notice in Colorado?

Before filing a lien statement, serve a notice of intent to file a lien statement on the owner (or reputed owner or the owner's agent) and on the prime contractor, by personal service or registered/certified mail with return receipt, at least 10 days before filing. File the affidavit of that service with the lien statement.¹ C.R.S. 38-22-109(3)

How long is a mechanics lien good for in Colorado?

The lien stops holding the property 6 months after the last labor or materials or after completion of the improvement unless suit to enforce is filed within that time and a notice that the action has begun is recorded with the clerk and recorder in the same period.¹ C.R.S. 38-22-110

Who can file a mechanics lien in Colorado?

Anyone who supplies laborers, machinery, tools, equipment or materials, performs labor, or furnishes design, survey or supervision services for construction or improvement of a structure on land, at the instance of the owner or the owner's agent or contractor, has a lien on the property for the value furnished. Contractors, architects and engineers in charge are treated as the owner's agent.¹ C.R.S. 38-22-101(1)

Does a Colorado lien claim have to be notarized?

The lien statement must be signed and sworn to by the claimant or someone on the claimant's behalf, to the best of the affiant's knowledge, information and belief.¹ C.R.S. 38-22-109(2)

What about public jobs in Colorado?

Local-government contracts over $50,000 (state contracts over $150,000) require a payment bond. For a local government, a suit by subcontractors and suppliers on the payment bond must be brought within 6 months after completion of the work (38-26-105). Separately, a claimant can file a verified statement of the amount owed with the awarding body up to final settlement; the body withholds funds, and suit must start within 90 days after the published final settlement date with a lis pendens filed (38-26-107).¹ C.R.S. 38-26-105(1), 38-26-106(3), 38-26-107

How do you file a mechanics lien in Colorado?

1. Record the lien statement: due 4 months after the last labor or materials you furnished. C.R.S. 38-22-109(1),(4),(5),(8),(10) Serve a notice of intent to file on the owner and prime contractor at least 10 days before you record.
2. Sue to enforce: due 6 months after the last labor or materials, or 6 months after completion of the improvement, whichever comes first. C.R.S. 38-22-110 The earlier of the two dates is shown; record notice of the suit in the same period.

Each line restates the statute cited next to it. Check the statute text before you file.