Colorado Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Colorado liens are filed and enforced
A Colorado mechanics lien is filed with the County Clerk and Recorder in the county where the project sits — 4 months from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Colorado claimants lose rights far more often by missing the second one than the first.
Colorado deadlines by claimant role
For subcontractors and suppliers: Record the lien — 4 months from last furnishing (C.R.S. § 38-22-109); file suit — 6 months from lien recorded (C.R.S. § 38-22-110); bond notice — 120 days from last furnishing (C.R.S. § 38-26-105); file suit — 6 months from last furnishing (C.R.S. § 38-26-106); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)); file suit miller act — 1 years from last furnishing (40 U.S.C. § 3133(b)(1)). For general contractors: Record the lien — 4 months from project completion (C.R.S. § 38-22-109). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Colorado
File lien statement within 4 months of last furnishing. For work visible from inspection: 2 months. Personal property: 4 months. File lien within 4 months of completion of contract. Serve on owner within 10 days of filing. Enforce lien by filing suit within 6 months of lien recording. Lien expires after 6 months if no suit. Written notice within 120 days of last furnishing. Bond required on public projects over $150,000. File suit on payment bond within 6 months of last furnishing. No sooner than 90 days, no later than 1 year from last furnishing. Prime must pay sub within 7 days of receiving payment from owner. Interest accrues at legal rate on late payments. Retainage released within 60 days of substantial completion. 5% maximum retainage on public projects over $150,000.
How Colorado notices must be served
Colorado requires 10 days — Notice of Intent before filing. Accepted delivery for the notices tracked here: Written notice. Service runs to the Prime Contractor and Surety. Keep the proof of service in the project file — Colorado disputes over whether a notice was properly served are decided on that documentation.
Public projects in Colorado
No lien attaches to public property in Colorado. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 120 days of last furnishing, served on the Prime Contractor and Surety (C.R.S. § 38-26-105). 4 public-project deadlines are tracked for Colorado.
Colorado statute citations
The Colorado deadlines above come from C.R.S. § 38-22-109, C.R.S. § 38-22-110, C.R.S. § 38-26-105, C.R.S. § 38-26-106, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), C.R.S. § 38-22-127, C.R.S. § 38-26-107. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Colorado construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Colorado?
4 months — From last date of furnishing. The filing goes to the County Clerk and Recorder in the project's county. See C.R.S. § 38-22-109. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Colorado?
With the County Clerk and Recorder in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Colorado require a preliminary notice?
Yes — 10 days. Notice of Intent before filing. Accepted service includes Written notice.
How long do you have to enforce a Colorado mechanics lien?
6 months — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Colorado?
Retainage released within 60 days of substantial completion. 5% maximum retainage on public projects over $150,000. (C.R.S. § 38-26-107).