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 — 0 days from final settlement (C.R.S. § 38-26-107(1)); file suit — 90 days from final settlement published (C.R.S. § 38-26-107(3)); 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. Colorado has NO day-count bond notice. A claimant that furnished labor, materials, sustenance, rental machinery, tools, equipment or other supplies used or consumed in the work FILES A VERIFIED STATEMENT of the amount due and unpaid WITH THE CONTRACTING BODY, at any time UP TO AND INCLUDING THE TIME OF FINAL SETTLEMENT - an event on the public entity's calendar, not measured from the claimant's last furnishing. On contracts exceeding $150,000 the contracting body must PUBLISH notice of final settlement at least twice in a newspaper of general circulation or an approved electronic medium NO LATER THAN TEN DAYS before it is made, so ten days is the statutory floor of warning; ask the procurement office in writing for the scheduled date. Filing triggers 38-26-107(2): the contracting body SHALL WITHHOLD from all payments to the contractor sufficient funds to insure payment of the claims. Scope: Wadsworth v. Regional Rail Partners, 2026 CO 19 (Colo. Apr. 6, 2026) permits DISPUTED OR UNLIQUIDATED amounts, including delay and disruption costs, when they represent the statutory cost categories; purely consequential items such as lost profits remain outside. Commence an action within 90 DAYS FOLLOWING THE DATE FIXED FOR FINAL SETTLEMENT AS PUBLISHED - not from last furnishing. After that period the contracting body pays the contractor all moneys and funds NOT the subject of suit and lis pendens notices, retaining only what is needed to satisfy a potential judgment, so the withholding obtained by the verified statement thaws on day 91. The prior '6 months from last furnishing' row under 38-26-106 was wrong on the length, the trigger and the citation (38-26-106 is the bond requirement: penal sum not less than ONE-HALF of the total amount payable, required above $50,000 for local public works and above $150,000 for state public works). 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 board, officer, person, or other contracting body by whom the contract was awarded (NOT the surety and NOT the prime). 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 no later than final settlement, served on the board, officer, person, or other contracting body by whom the contract was awarded (NOT the surety and NOT the prime) (C.R.S. § 38-26-107(1)). 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. § 38-26-107(1), C.R.S. § 38-26-107(3), 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).