As a construction law expert in Colorado, I’ve seen countless contractors and suppliers struggle to get paid for their hard work. A mechanic’s lien is often their most powerful tool for securing payment on construction projects in the Centennial State.
I’ll guide you through Colorado’s specific mechanics lien laws which differ significantly from other states. Whether you’re a general contractor subcontractor supplier or property owner understanding these regulations is crucial for protecting your interests. The process involves strict deadlines specific documentation requirements and precise filing procedures that you must follow to maintain your lien rights in Colorado. With nearly $4 billion in annual construction activity throughout the state getting these details right can mean the difference between getting paid and walking away empty-handed.
Key Takeaways
- Colorado mechanics liens have unique features, including 4-month filing deadlines and 6-month protection periods for contract work, making them more generous than many other states
- No preliminary notice is required in Colorado, but a mandatory Notice of Intent must be sent 10 days before filing a mechanics lien to preserve lien rights
- Eligible parties include general contractors, subcontractors, material suppliers, design professionals, equipment lessors, and landscapers performing construction-related work
- The enforcement process requires filing a foreclosure lawsuit within 6 months of recording the lien, with strict deadlines for serving summons and completing service
- Common filing mistakes include missing critical deadlines, providing incomplete documentation, and failing to include accurate property descriptions or payment information
Mechanics Liens in Colorado
Colorado mechanics liens establish legal claims against properties to secure payment for construction work materials or services. The state’s lien laws contain distinct features that set them apart from other jurisdictions.
What Makes Colorado Mechanics Liens Unique
Colorado mechanics lien laws incorporate several distinctive elements:
- Longer filing deadlines of 4 months for most contractors compared to other states’ typical 90-day limits
- Protection for contract work performed up to 6 months before recording the lien
- Inclusion of overhead costs recovery in lien amounts
- Required Notice of Intent 10 days before filing
- Automatic lien rights without preliminary notice requirements
- Extended foreclosure period of 6 months after lien recording
- General contractors performing direct work for property owners
- Subcontractors providing labor or materials to general contractors
- Material suppliers furnishing construction supplies
- Design professionals including architects engineers surveyors
- Equipment lessors renting construction machinery
- Landscapers performing site improvement work
- Demolition contractors removing existing structures
- Professional consultants providing construction-related services
| Party Type | Protection Period | Notice Requirement |
|---|---|---|
| General Contractors | 4 months | Notice of Intent |
| Subcontractors | 4 months | Notice of Intent |
| Suppliers | 4 months | Notice of Intent |
| Design Professionals | 4 months | Notice of Intent |
| Equipment Lessors | 4 months | Notice of Intent |
Filing Requirements for Colorado Mechanics Liens
Filing a mechanics lien in Colorado involves specific documentation requirements, strict deadlines, and notice procedures. These requirements differ based on the project type and the claimant’s role in the construction project.
Preliminary Notice Rules
Colorado stands apart from many states by not requiring preliminary notices to preserve lien rights. However, sending a Notice of Intent to Lien remains mandatory 10 days before recording a mechanics lien. This notice:
- Alerts property owners about potential lien claims
- Creates opportunities for payment resolution
- Includes project details like property description
- Contains the claimed amount documentation
Strict Filing Deadlines
Colorado mechanics lien deadlines follow a structured timeline:
| Project Role | Filing Deadline |
|---|---|
| General Contractors | 4 months after last work |
| Subcontractors | 4 months after last work |
| Material Suppliers | 4 months after last delivery |
| Labor-Only Services | 2 months after completion |
Additional timing requirements include:
- Recording within 6 months of project completion
- Filing foreclosure action within 6 months of lien recording
- Serving Notice of Intent 10 days before filing
Required Documentation
The mechanics lien statement requires specific elements:
- Verified statement of lien claim
- Property owner’s name
- Property description
- Claimant’s name address
- Principal amount owed
- Date of last work performed
- Description of labor materials provided
- Notarized signature
- Proof of Notice of Intent service
Each document requires proper formatting in compliance with Colorado Revised Statutes ยง38-22-101.
Enforcing a Mechanics Lien in Colorado
A Colorado mechanics lien remains active for six months from the date of filing, requiring specific actions to enforce the claim through foreclosure. The enforcement process follows strict legal procedures with defined timelines for maintaining lien validity.
Legal Process and Timeline
The enforcement timeline starts with filing a foreclosure lawsuit in the Colorado district court where the property is located. Key timeline requirements include:
- Filing the foreclosure action within 6 months after the last work completion date
- Serving all interested parties with summons within 10 days of filing
- Recording a Notice of Lis Pendens in the county recorder’s office
- Completing service of process on defendants within 30 days of filing
- Obtaining judgment through default or trial proceedings within 6-12 months
- Filing a verified complaint with detailed project information
- Including copies of:
- Original lien statement
- Construction contract
- Proof of work completion
- Payment documentation
- Naming required parties:
- Property owner
- General contractor
- Construction lender
- Other lien claimants
- Demonstrating compliance with:
- Notice of Intent requirements
- Statutory filing deadlines
- Service requirements
| Foreclosure Timeline Element | Deadline |
|---|---|
| File Foreclosure Action | Within 6 months of lien recording |
| Serve Summons | Within 10 days of filing |
| Complete Service | Within 30 days of filing |
| Record Lis Pendens | At time of filing or shortly after |
Common Mistakes to Avoid When Filing
Filing a mechanics lien in Colorado requires precise attention to detail and strict adherence to statutory requirements. I’ve identified several critical errors that frequently compromise lien claims and their enforceability.
Missing Critical Deadlines
Colorado mechanics lien deadlines follow a strict timeline that varies by project role. Common deadline mistakes include:
- Filing after the 4-month deadline for general contractors and subcontractors
- Missing the 2-month filing window for labor-only services
- Failing to serve the Notice of Intent 10 days before recording the lien
- Exceeding the 6-month enforcement period for initiating foreclosure
- Overlooking the 10-day requirement to serve summons after filing foreclosure
- Omitting property owner’s legal name and address
- Failing to include an accurate property description
- Missing itemized statements of labor, materials or services
- Submitting unsigned or unverified lien statements
- Including incorrect contract amounts or payment histories
- Neglecting to attach proof of work completion dates
- Filing incomplete or inaccurate Notice of Intent forms
- Using outdated lien statement templates
- Failing to record the Notice of Lis Pendens during foreclosure
| Documentation Element | Required Information |
|---|---|
| Property Description | Legal description with address |
| Contract Details | Date, parties, scope of work |
| Payment Information | Amount due, last work date |
| Verification | Notarized signature |
| Notice Requirements | 10-day notice before filing |
Releasing and Removing Colorado Mechanics Liens
Colorado mechanics liens require specific procedures for release or removal, whether through voluntary actions or court intervention.
Voluntary Release Process
A voluntary release occurs when a contractor receives payment for the work performed or reaches a settlement agreement. Here’s the process:
- Complete a Release of Lien form containing:
- Project identification details
- Original lien recording information
- Legal property description
- Notarized signature
- Record the release with the county clerk:
- Submit within 10 days of payment receipt
- Pay applicable recording fees
- Obtain a certified copy for records
- Distribute copies to relevant parties:
- Property owner
- General contractor
- Construction lender
- Title company
- Legal grounds for removal:
- Invalid lien filing procedures
- Expired enforcement deadlines
- Fraudulent claims
- Satisfaction of judgment
- Required documentation:
- Motion to release invalid lien
- Supporting evidence
- Proof of service to lien claimant
- Proposed court order
- Timeframe considerations:
- 14 days notice before hearing
- 30 days to appeal court decision
- Immediate recording after court order
- Cost implications:
- Court filing fees: $250-500
- Attorney fees if represented
- Recording fees: $15-30
- Bond requirements if applicable
Legal Professional
Filing a mechanics lien in Colorado requires careful attention to detail and strict adherence to legal requirements. I’ve seen how these powerful tools help contractors and suppliers secure payment for their work while protecting property owners’ interests through proper documentation and notice procedures.
Success with Colorado mechanics liens depends on understanding the unique aspects of state law including longer filing deadlines specific notice requirements and proper documentation. I strongly recommend consulting with a legal professional to ensure your lien rights are properly protected throughout the process.
Remember that timeliness accuracy and complete documentation are your best allies when filing a mechanics lien in Colorado. By following the guidelines I’ve outlined you’ll be well-equipped to protect your financial interests in construction projects across the state.
