How to File a Mechanics Lien in Colorado
Step 1 — Confirm you have lien rights in Colorado
Colorado's recorded rules cover subcontractors and suppliers, general contractors (C.R.S. § 38-22-109). Each of those roles has its own filing window — see Step 3. Colorado rule detail: File lien statement within 4 months of last furnishing. For work visible from inspection: 2 months. Personal property: 4 months.
Step 2 — Send the Colorado preliminary notice
Colorado requires a preliminary notice 10 days, notice of intent before filing (C.R.S. § 38-22-110). It is a precondition, not a formality. It must reach County Clerk and Recorder and Prime Contractor and Surety and Prime Contractor. Colorado rule detail: File lien within 4 months of completion of contract. Serve on owner within 10 days of filing.
Step 3 — Your Colorado filing deadline
Colorado sets the window by claimant role: • Subcontractors and suppliers: within 4 months of your last day of work or materials. • General contractors: within 4 months of project completion. The clock runs from last date of furnishing — not your invoice date. Punch-list and warranty callbacks generally do not restart it. Colorado rule detail: Enforce lien by filing suit within 6 months of lien recording. Lien expires after 6 months if no suit.
Step 4 — Prepare and record the lien in Colorado
Record in the county where the property sits, under C.R.S. § 38-26-105. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. Colorado rule detail: Written notice within 120 days of last furnishing. Bond required on public projects over $150,000.
Step 5 — Serve the recorded Colorado lien
Colorado requires service on County Clerk and Recorder and Prime Contractor and Surety and Prime Contractor. Use certified mail and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. Colorado rule detail: File suit on payment bond within 6 months of last furnishing.
Step 6 — Enforce before the Colorado deadline expires
You must sue to foreclose within 6 months (filing) (C.R.S. § 38-26-106). Miss it and the lien expires and title clears, leaving only a contract claim. Colorado rule detail: No sooner than 90 days, no later than 1 year from last furnishing.
Retainage rules that affect your Colorado claim
Colorado treats retainage on its own schedule (C.R.S. § 38-26-107), so money still held back may have a different due date than your progress billings. Colorado rule detail: Prime must pay sub within 7 days of receiving payment from owner. Interest accrues at legal rate on late payments.
Other Colorado requirements that void liens
• Retainage released within 60 days of substantial completion. 5% maximum retainage on public projects over $150,000.
Frequently Asked Questions
How long do I have to file a mechanics lien in Colorado?
Colorado requires the lien to be recorded within 4 months, measured from last date of furnishing. The exact window depends on your role — subcontractors and suppliers: within 4 months of your last day of work or materials.
Do I need to send a preliminary notice before filing in Colorado?
Yes. Colorado requires a preliminary notice 10 days (notice of intent before filing). Failing to send it on time generally forfeits your lien rights entirely, regardless of how much you are owed.
Where do I file a mechanics lien in Colorado?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the Colorado filing deadline?
Your lien rights are extinguished. Colorado courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in Colorado?
Once recorded, you must file suit to enforce within 6 months (filing). If you do not, the lien expires automatically and no longer clouds the property's title.