How do I file a mechanic's lien in Colorado?
Colorado mechanic's liens are governed by Colo. Rev. Stat. §§ 38-22-101 through 38-22-133.
1. Who Can File
Contractors, subcontractors, sub-subs, material suppliers, architects, engineers, surveyors, and laborers performing labor or furnishing materials for improvements (Colo. Rev. Stat. § 38-22-101).
2. Preliminary / Pre-Lien Notice
At least 10 days before recording the lien statement, the claimant must serve a Notice of Intent to File Lien on the owner and principal contractor, by personal service or certified mail (Colo. Rev. Stat. § 38-22-109(3)). The lien may not be recorded earlier than 10 days after service.
3. Recording the Lien
Record a verified Lien Statement with the county clerk and recorder where the property is located. Principal contractors and laborers: within 4 months after the last day of work; persons furnishing only materials: within 2 months after last delivery (Colo. Rev. Stat. § 38-22-109(5)). The statement must include claimant, owner, work, amount, dates, and property description.
4. Service on Owner
The Notice of Intent satisfies pre-recording service; a copy of the recorded Lien Statement should also be provided. For foreclosure, all interested parties must be served.
5. Suit to Foreclose
File foreclosure within 6 months after the last work or after the completion of the structure (Colo. Rev. Stat. § 38-22-110). The lien may be extended for an additional 6 months (up to 1 year total) by recording an Extension Notice.
6. Priority
The lien attaches as of the date of commencement of work on the structure, taking priority over subsequent encumbrances; prior recorded interests are senior (Colo. Rev. Stat. § 38-22-106).
7. Bond Release
Owner may release the lien by recording a surety bond for 150% of the lien (Colo. Rev. Stat. § 38-22-131).
8. Homestead / Residential
For residential properties of 4 units or fewer, the principal contractor must hold all funds received from the owner in trust for subs and suppliers (Colo. Rev. Stat. § 38-22-127). Owner who has paid contractor in full has equitable defenses; § 38-22-102 limits lien against bona fide purchasers of single-family residences who paid in full before recordation.
9. Fraudulent Lien Penalties
Excessive amount: § 38-22-128 makes it a misdemeanor to record an excessive lien; the lien is forfeited and the claimant may be liable for actual damages.
This is legal information, not legal advice.
- Owner claims construction trust-fund violation under § 38-22-127
- Single-family BFP purchaser defense under § 38-22-102
- Excessive-lien misdemeanor exposure under § 38-22-128
- Colo. Rev. Stat. §§ 38-22-101 et seq.
- Colo. Rev. Stat. § 38-22-109
- Colo. Rev. Stat. § 38-22-110
- Colo. Rev. Stat. § 38-22-128
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.