Updated August 2025 | All statutory references in this article reflect the Colorado Revised Statutes, Title 38, Article 22 (2024 codification)
Filing a mechanics lien is a very powerful method in recovering payment from delinquent clients. When a mechanics lien is recorded, potential investors can see the unpaid debts related to a property, effectively reducing the property’s market value. Property owners then try to do everything in their power to settle outstanding payments and get rid of a mechanics lien.
In Colorado, filing a mechanics lien has specific rules and requirements that must be followed. Failing to follow these rules can invalidate a mechanics lien, so it is very important that you familiarize yourselves with the requirements and track all important deadlines.
This guide will show you how to file a mechanics lien in Colorado. It also answers basic questions about the process and provides tips to ensure that you successfully leverage your lien rights.
Who Can File a Mechanics Lien in Colorado?
Parties such as general contractors, subcontractors, and material suppliers have lien rights in Colorado. Equipment lessors, laborers, and design professionals including engineers and architects may also record a mechanics lien in the state.
Pre-lien Notices in Colorado
Colorado does not require a traditional preliminary notice to preserve mechanics lien rights. The only mandatory pre-lien notice is the Notice of Intent to Lien. Some subcontractors and suppliers may choose to send a courtesy preliminary notice to improve communication or encourage payment, but it is not required by law.
Optional Preliminary Notice
Colorado does not require a preliminary notice for any mechanics lien claimant. Serving one is entirely optional. Some subcontractors and suppliers choose to send a courtesy notice to the property owner to make their involvement clear and to encourage direct payment or to prompt the owner to hold funds from the general contractor.
Since the notice is not statutory, there is no deadline and no required format. If you choose to send one, it is helpful to include your name and address, the hiring party’s name, a short description of the labor or materials furnished, and the value of your contribution.
Not serving a preliminary notice has no impact on lien rights in Colorado. It is simply a voluntary step that can create visibility with the owner and may improve the chances of timely payment.
Notice of Intent to Lien (Mandatory)
Who Must Serve a Notice of Intent to Lien in Colorado?
All lien claimants are required to serve the property owner a Notice of Intent to Lien in Colorado. Unlike the preliminary notice, a Colorado Notice of Intent to Lien is mandatory to preserve one’s lien rights.
When Do You Serve a Notice of Intent to Lien?
The Notice of Intent must be served on the property owner and prime contractor 10 days prior to recording a mechanics lien. To ensure that you serve the Notice of Intent to Lien on time, make sure that it is delivered no later than 10 days before the deadline for recording a Colorado mechanics lien.
What Must Be Included in Your Notice of Intent to Lien?
The following details may be included in your Notice of Intent to Lien:
- Your name and address
- The name and address of the property owner
- A description of the property location sufficient for identification
- A description of the labor and materials you provided to the project
- The unpaid amount to be claimed with a mechanics lien
- A statement saying that you will be recording a mechanics lien in 10 days if the outstanding debt remains unpaid.
Note that a completed and notarized copy of your mechanics lien form must be attached to your Notice of Intent when you serve it on the owner and prime contractor. This means that by the time you serve the Notice of Intent to Lien, your mechanics lien form should be ready for filing.
What Happens If You Do Not Serve a Notice of Intent to Lien?
You are not allowed to record a mechanics lien in Colorado without serving a Notice of Intent to Lien 10 days prior to the recording date. Keep this in mind to ensure that you keep your lien rights protected.
When Do You File a Colorado Mechanics Lien?
The deadline for filing a Colorado mechanics lien depends on what you do in a project.
For general contractors, subcontractors, and material suppliers, you should record a Colorado mechanics lien within 4 months of the last date of providing services to a project. This 4-month period may be shortened to 2 months for single- or two-family residential units if a bona fide purchaser buys the property.
For laborers, you should file a Colorado mechanics lien within 2 months of project completion.
Note that these deadlines are strictly enforced. Your Notice of Intent to Lien must be served no later than 10 days before the applicable deadline elapses.
Can the Deadline to File a Mechanics Lien Be Extended in Colorado?
Colorado law allows lien claimants to extend the lien filing period if the standard deadline is not enough while the project is still ongoing. To do this, you must record a Notice of Extension of Time to File Lien Statement with the county clerk and recorder.
The notice must be filed within the original lien window 4 months after last labor or materials (2 months for laborers). Once recorded, your deadline becomes the earlier of:
- 4 months after final completion of the project, or
- 6 months from the date the extension notice was filed.
The extension ends automatically after 6 months if the project is not completed sooner. The notice should include the property description, your contracting party, and your contact information.
While not often used, this option can be critical on longer projects or when retainage and final payments fall outside the normal lien period.
How to File a Mechanics Lien in Colorado
- Prepare your lien statement
Colorado law requires the lien statement to include (Colo. Rev. Stat. § 38-22-109(1)):- Owner’s name (or a statement if unknown)
- Claimant’s name, hiring party’s name, contractor’s name (if applicable)
- Description of the property
- Amount due
- The statement must be signed, verified, and notarized. An affidavit of service of the Notice of Intent must be attached.
- Serve the Notice of Intent to Lien
Serve by personal delivery, registered mail, or certified mail (return receipt requested) on both the owner and the prime contractor. Service must occur at least 10 days before filing (Colo. Rev. Stat. § 38-22-109(3)). - Record the lien
File the lien in the county where the property is located. If the property spans multiple counties, it must be filed in the county where the principal part of the property lies (Colo. Rev. Stat. § 38-22-109(2)). Recording is done through the county clerk and recorder’s office, which provides filing procedures, forms, fee schedules, and access to public records. You can find the correct office using the Colorado Secretary of State’s Roster of County Clerks and Recorders.
Filing Can Be Done in Person, by Mail, or Electronically.
- Enforce or release the lien
Enforcement requires filing a foreclosure action within 6 months of completion or last furnishing, whichever is later. A notice of lis pendens must also be recorded (Colo. Rev. Stat. § 38-22-110).
If payment is received, you must file an acknowledgment of satisfaction within 10 days of written request. Failure to do so subjects you to a $10/day penalty (Colo. Rev. Stat. § 38-22-118).
How Much Does It Cost to Record a Mechanics Lien in Colorado?
Filing fees vary depending on the county, so it is best practice to call the county clerk’s office before you record a mechanics lien if you want to know the exact cost for recording your documents.
In general, the fees are assessed by a standard cost for the first page and additional costs for additional pages and additional copies. Filing costs for additional pages can range between $5 and $10 per page. Also note that surcharges may be charged for filing electronically.
Must I Notify the Property Owner That a Mechanics Lien Has Been Recorded?
No, Colorado does not require a lien claimant to notify the property owner about the recorded mechanics lien.
However, you may want to let the property owner know about your mechanics lien anyway so they start taking the steps in releasing your payment.
The point of recording a mechanics lien is to increase your leverage when trying to recover payment, so it may help your case if you notify the property owner about your mechanics lien, even if you are not obligated by the laws to do so.
Important Deadlines to Remember When Filing a Mechanics Lien in Colorado
- Serving Optional Preliminary Notice – Anytime before filing a mechanics lien.
- Serving a Notice of Intent to Lien – Must be served at least 10 days before filing a mechanics lien.
- Filing a Mechanics Lien –
• All claimants except laborers: within 4 months of last furnishing labor or materials.
• Laborers: within 2 months of project completion. - Filing a Notice of Extension – Must be recorded within the original lien period (4 months for most claimants, 2 months for laborers). Extends deadline to the earlier of 4 months after project completion or 6 months from the extension filing.
- Enforcing a Mechanics Lien + Lis Pendens – Within 6 months of project completion or 6 months of last furnishing labor or materials, whichever is later.
- Releasing a Mechanics Lien – Within 10 days of receiving a written request.
Best Practices When Filing a Mechanics Lien in Colorado
1. Prepare the Colorado Mechanics Lien Form Early
In Colorado, you are expected to serve a Notice of Intent to Lien 10 days prior to filing a mechanics lien. This notice must be accompanied by a completed and notarized mechanics lien form, which means that your mechanics lien must be ready for filing at least 10 days prior to actually recording it with the county clerk. You must prepare your mechanics lien form early to make sure that you record your Colorado mechanics lien on time.
2. File Your Mechanics Lien in Person or Electronically
Filing a mechanics lien by mail is allowed, but it may cause delays especially when issues are identified. For example, you may mail the mechanics lien form to the wrong county or you may not include the exact amount to cover the filing costs. These issues can be easily addressed when you file in person or electronically, so you are strongly recommended to record a mechanics lien either in person or online.
3. Serve a Notice of Intent to Foreclose Before Enforcing a Mechanics Lien
Enforcing a mechanics lien will take up your time and resources because it means filing a full-blown lawsuit against the property owner(s). Before you initiate the foreclosure lawsuit, you may serve a Notice of Intent to Foreclose on the property owner to let them know of your plans. If they know that you are about to launch a suit, they may end up finally settling the outstanding debt just to avoid further legal woes.