CO · Mechanics Lien Law
Colorado Mechanics Lien Law: Deadlines, Notices & Filing Guide
Colorado mechanics lien practice runs under C.R.S. § 38-22-109 for private work and C.R.S. §§ 38-26-105 & 38-26-107 for public projects. The state's 10-day pre-filing notice and four-month recording window both key off last furnishing, so tracking dates from day one matters.
Colorado mechanics lien deadlines at a glance
Colorado does not require a preliminary notice as such, but it does require a Notice of Intent to be served on the owner at least 10 days before the lien statement is recorded, effectively functioning as a mandatory pre-filing step under C.R.S. § 38-22-109(3).
A Colorado lien statement must be recorded within four months after the claimant's last furnishing of labor or materials under C.R.S. § 38-22-109, and laborers benefit from a somewhat different two-month window under subsection (5). Before recording, the claimant must also serve a Notice of Intent at least 10 days ahead of filing under C.R.S. § 38-22-109(3).
An action to enforce the lien must be commenced within six months after the last furnishing of labor or materials on the project as a whole, per C.R.S. § 38-22-110, and missing that window extinguishes the lien.
On Colorado public projects, claimants should file a verified statement of claim, sometimes called a lien on contract funds, with the public entity before it makes final settlement or final payment. A separate written notice of bond claim within 90 days of last furnishing is also recommended, and public entities are required to publish notice of final settlement, which claimants should monitor closely.
Primary statute
C.R.S. § 38-22-109 · C.R.S. §§ 38-26-105 & 38-26-107
Who can file a mechanics lien in Colorado?
Colorado lien rights extend to general contractors, subcontractors, sub-subcontractors, material suppliers, and design professionals where the statute allows, so long as they furnished labor, materials, or services to the improvement.
Overview of Colorado lien practice
Colorado combines a four-month recording deadline with a mandatory 10-day advance Notice of Intent, so claimants effectively need to start preparing their lien statement well before the four months from last furnishing actually expire. Laborers get a shorter, distinct two-month window under a separate subsection, which is easy to overlook if a claimant assumes the general four-month rule applies uniformly. Once recorded, the lien must be enforced by an action commenced within six months measured from last furnishing on the project as a whole, a deadline the statute treats as absolute. Public projects work differently: rather than a straightforward bond-claim notice period, Colorado requires a verified statement of claim against contract funds to be filed before the public entity's final settlement, a date that is published but easy to miss without active monitoring. Recording in the correct county, confirming the actual owner of record, and remembering that federal property cannot be liened all remain foundational practice points for Colorado claimants.
Common pitfalls on Colorado projects
10-day notice must precede recording
The Notice of Intent must be served at least 10 days before the lien statement is recorded under § 38-22-109(3).
Laborers get a shorter window
Laborers have only a two-month filing period under § 38-22-109(5), distinct from the general four-month rule.
Six-month suit deadline is strict
Failing to commence the enforcement action within six months of last furnishing extinguishes the lien entirely.
Final settlement date is the real deadline on public jobs
The verified statement of claim must be filed before the public entity's final settlement, so missing that published date is fatal even if 90 days has not yet passed.
Colorado mechanics lien FAQs
When must a mechanics lien be recorded in Colorado?
Within four months after last furnishing labor or materials, though laborers have a shorter two-month window, and a Notice of Intent must be served at least 10 days before recording.
Is preliminary notice required in Colorado?
Not in the traditional sense, but a Notice of Intent must be served on the owner at least 10 days before the lien is recorded.
How long do I have to enforce a lien in Colorado?
Six months after the last furnishing of labor or materials on the project as a whole.
What about Colorado public projects?
Claimants should file a verified statement of claim against contract funds before the public entity's final settlement, and are also advised to send a separate bond claim notice within 90 days of last furnishing.
Filing a Colorado mechanics lien or bond claim?
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This page is general information and not legal advice. Statutes change — verify against the official text linked above.