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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Colorado's mechanic's lien laws to help you protect your right to payment.
Not required
Not required, but may send a voluntary notice to the owner to trigger fund-withholding by the owner
Not required, but may send a voluntary notice to the owner to trigger fund-withholding by the owner
Required at least 10 days before filing a lien
Required at least 10 days before filing a lien
Required at least 10 days before filing a lien
Within 4 months after last labor or materials were furnished (unless GC is a day-laborer)
Within 4 months after last labor or materials were furnished
Within 2 months after last labor furnished (day/piece laborers only)
Must file suit and record notice of commencement of action within 6 months of last furnishing or completion
Must file suit and record notice of commencement of action within 6 months of last furnishing or completion
Must file suit and record notice of commencement of action within 6 months of last labor
Contract price or value of unpaid labor, materials, equipment, or services furnished
Value of unpaid labor, materials, or services furnished
Value of unpaid wages for labor performed
Mechanic's lien rights in Colorado fall under C.R.S. §§ 38-22-101 to 38-22-133 and apply to private commercial and residential projects. (Public jobs can't be liened; unpaid claimants instead pursue payment through a bond claim or Colorado's trust-fund statute.)
One of the most important things to understand about Colorado is that it's a strict-process state. Different filing windows apply depending on the role, and all claimants must serve a 10-Day Notice of Intent to Lien before filing. Enforcement deadlines are short, too—usually within six months of last furnishing. Let's break it down.
Under C.R.S. § 38-22-101, anyone performing work through a qualifying agreement—whether directly with the owner or through a contractor—can file a mechanic’s lien. This includes:
- General (original) contractors
- Subcontractors of any tier
- Suppliers
- Equipment lessors
- Laborers
- Design professionals (architects, engineers, draftsmen, surveyors, superintendents)
- Mining and milling providers (labor, machinery, supplies for mines, tunnels, shafts, drifts, adits, and related structures)
In Colorado, mechanic’s liens are available for labor, materials, equipment, and professional services that are furnished for a private “improvement.” An improvement generally means the construction, alteration, addition to, repair, or development of buildings, structures, or land (C.R.S. §§ 38-22-101; 38-22-102).
Here are examples of what’s considered lienable and what isn’t.
Lienable Work in Colorado
- Labor performed for the construction, alteration, or repair of a private improvement
- Materials furnished for use in the improvement
- Machinery, tools, equipment, and fixtures used in or incorporated into the project
- Work on residential and commercial buildings and structures
- Civil and industrial improvements, including ditches, flumes, aqueducts, reservoirs, tunnels, railroads, tramways, bridges, and mills
- Mining-related improvements, such as shafts, tunnels, drifts, adits, mine development, and milling work
- Professional services tied to the improvement, including designs, surveys, plans, maps, drafts, and construction superintendence
Non-Lienable Work in Colorado
- Work on public property
- Work not used, incorporated, or furnished for the improvement
- Contract penalties, late fees, or damages
- Unrelated debts or non-project services
- Work furnished to a lessee of a mine (C.R.S. § 38-22-104 exemption)
Before filing a lien in Colorado, ensure that you’ve met any notice requirements that apply to your role—specifically, the 10-day Notice of Intent to Lien (see table above).
Deadline to File
Deadlines for filing a lien vary by role:
- Laborers paid by the day or piece (no materials): Must file a lien statement within 2 months after completion of the project.
- All other claimants (contractors, subs, suppliers, design pros, equipment lessors): Must file a lien statement within 4 months after last furnishing labor or materials.
Filing Requirements
- Filing location: The county clerk/recorder’s office where the property is located.
- Form requirements: A valid Colorado lien statement must include:
- Owner’s name (or “unknown”)
- Claimant’s name
- Name of the party the claimant contracted with
- Statement of the amount owed
- Attached affidavit proving service of the 10-day Notice of Intent to Lien
- Verification: Both the lien statement and affidavit proving the NOI must be notarized.
- Filing fees: Set by each county but typically $10-$21 for the first page plus per-page costs.
Service Requirements
A copy of the recorded lien statement must be served on the property owner within the same 4-month (or 2-month, for day or piece laborers) filing window. Service is typically completed by personal delivery or by registered or certified mail. Proof of service—either an affidavit or evidence of mailing—should be retained, as failure to properly serve the owner can render the lien unenforceable (C.R.S. § 38-22-109).
After filing a mechanic’s lien in Colorado, there are a couple of steps you’ll need to take to keep it enforceable.
Enforcement Requirements
- Enforcement deadline: File a foreclosure lawsuit within 6 months from the last date labor/materials were furnished, or completion of the project.
- Lis pendens: You must also file a notice of lis pendens within the same 6-month period.
- Filing location: A lien foreclosure action must be filed in the district court for the county where the property is located.
- Lien priority: Colorado mechanic’s liens generally relate back to the date construction first commenced on the project, not the date the lien was recorded. This means liens often take priority over mortgages or encumbrances recorded after visible work began (C.R.S. §§ 38-22-106, 38-22-110).
Lien Release Requirements
Once the lien is satisfied, the claimant must record a lien release with the county clerk and recorder where the lien was filed. Claimants have 10 days after receiving a written demand to release the lien; failing to do so may result in liability for damages and penalties under Colorado law (C.R.S. § 38-22-118).
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Generally, yes. Colorado doesn’t have statewide contractor licensing for most trades, so an unlicensed contractor doesn’t lose lien rights unless their work requires a local license they don’t hold.
Yes. Most Colorado lien claimants are subcontractors or suppliers who contract with someone other than the owner. As long as you provided lienable work to the project, you’re treated as working “at the instance of the owner,” giving you lien rights.
No. Colorado’s mechanic’s lien filing and enforcement deadlines are fixed by statute and cannot be shortened.
Yes. Under C.R.S. § 38-22-118, the claimant must record a release upon payment. If they fail to release the lien within 10 days of a written demand, they owe a $10-per-day penalty (recoverable as a debt).
Yes. Colorado requires you to send a 10-day Notice of Intent (NOI) to Lien to the owner—or to the GC if you didn’t contract directly with the owner—before you can record a lien. Colorado also mandates that every lien filing include a notarized affidavit of service showing the NOI was delivered; without it, the lien is considered invalid.
If the owner refuses delivery, can’t be reached, or the NOI is returned unclaimed, C.R.S. § 38-22-109(3) provides a solution: Resend the NOI by registered or certified mail, and file the returned envelope (or other proof of attempted delivery) with your lien statement. As long as you can show you attempted service in the proper way, the lien remains valid and enforceable.
No, Colorado doesn’t require a preliminary notice (from anyone) to preserve lien rights.
That said, subcontractors, suppliers, and laborers may choose to send a voluntary notice to the owner during the project. Once the owner receives it, they must withhold enough funds from the GC to cover the claimed amount, and an owner who pays the GC after receiving the notice may become personally liable for the unpaid balance.
This notice does not replace the required 10-day Notice of Intent to Lien or extend lien filing or enforcement deadlines, but it can increase leverage and ensure you get paid without ever having to file a lien.
No, Colorado doesn’t require statutory lien waiver forms. However, it’s best practice to use clear, unambiguous language and specify the payment and work period covered by the waiver. Learn more about Colorado lien waivers here.
In Colorado, you can lien for the reasonable value of the unpaid labor, materials, equipment, or professional services you actually provided.
You cannot lien for:
- penalties
- liquidated damages
- attorney’s fees (unless your contract specifically allows them)
- inflated or speculative amounts
Overstating a lien—even by mistake—can expose you to penalties or loss of lien rights.
No, a written contract isn’t required to claim a lien. Colorado law still protects lien rights even if the owner-contractor agreement isn’t recorded, as long as you can show you furnished labor, materials, equipment, or professional services for the improvement.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.