Mechanic's Lien Deadlines & Notice Requirements in Colorado
At a glance
| Governing law | C.R.S. Title 38, Art. 22 (§§ 38-22-101 to -133), the "General Mechanics' Lien" article; an 1899-vintage act amended piecemeal, not a modern recast or uniform act |
|---|---|
| Who can claim a lien | Laborers, mechanics, suppliers, contractors, subcontractors, builders, and listed design professionals (§ 38-22-101(1)); an owner-contractor contract over $500 must be signed and filed before work, or supplied labor and materials are treated as furnished at the owner's instance (§ 38-22-101(3)) |
| Preliminary notice | None during the work itself. Instead, a written "notice of intent to file a lien statement" must be served on the owner (or agent) and the prime contractor (or agent) at least 10 days before the lien statement is filed, by personal service or certified/registered mail (§ 38-22-109(3)) |
| Deadline to file the lien | 4 months after the claimant's own last labor or materials furnished, for everyone except pure laborers (no materials furnished), who get only 2 months after completion of the project (§ 38-22-109(4)-(5)); abandoning the job for 3 continuous months counts as completion for this purpose (§ 38-22-109(7)) |
| Notice of completion effect | No owner-recorded completion notice shortens the statutory period. A claimant's optional recorded notice extends its filing window to the earlier of 4 months after completion or 6 months after that notice (§ 38-22-109(10)) |
| Serving the lien on the owner | No separate step to serve a copy of the recorded lien statement itself. Colorado's owner-facing service happens before filing, not after: the 10-day notice of intent to file must reach both the owner and the prime contractor (§ 38-22-109(3)) |
| Deadline to sue to foreclose | 6 months after the last work, last materials furnished, or completion (whichever the filing deadline ran from) to commence a foreclosure action and record notice that the action was commenced, or the lien stops holding the property (§ 38-22-110) |
| Homestead/residential extras | An existing or owner-built primary home may have a payment defense (§ 38-22-102(3.5)); a late lien on a one- or two-family dwelling faces a bona fide purchaser limit with knowledge, prior-recording, and claimant-notice exceptions (§ 38-22-125) |
Requirements one by one
Who can claim
Section 38-22-101(1) includes contractors, subcontractors, laborers, suppliers, and design professionals among those who may claim a lien. If an owner-contractor contract exceeds $500, § 38-22-101(3) requires a signed writing filed before work begins. Without that filing, labor and materials furnished by others are deemed furnished at the owner's instance.
Preliminary notice
Before recording a lien, § 38-22-109(3) requires a notice of intent served on both the owner and the prime contractor (or their agents). Its service affidavit must be recorded with the lien statement. The notice may be personally served or sent by registered or certified mail with return receipt requested.
Deadline to file the lien
Under § 38-22-109(4)-(5), a day- or piece-work laborer who supplies no materials must record within two months after completion; other claimants have four months after their own last labor or furnishing. § 38-22-109(7) treats a three-month discontinuance of all work and furnishing as completion; small unfinished details do not postpone the clock.
Notice of completion effect
§ 38-22-109(10) gives a claimant an optional recorded notice that can extend its own filing period to the earlier of four months after completion or six months after that notice. It is subject to § 38-22-125's purchaser rule.
Deadline to sue to foreclose
§ 38-22-110 requires both a foreclosure suit and a recorded notice that suit began within six months after the last work, last furnishing, or completion date prescribed by § 38-22-109. Recording the lien alone does not preserve it beyond that period.
Homestead/residential extras
§ 38-22-102(3.5) gives an owner an affirmative defense for specified single-family homes if the owner paid enough to satisfy the owner's contractual and legal obligations to the principal contractor or a subcontractor for payment down the chain. § 38-22-125 separately protects a bona fide buyer of a one- or two-family dwelling against a lien filed more than two months after completion, subject to its actual-knowledge, prior-recording, and timely claimant-notice exceptions.
What trips people up
The ten-day notice in § 38-22-109(3) must precede filing while the filing deadline keeps running. Waiting until the last ten days of the filing window leaves no time for both steps.
Effective August 12, 2026, § 38-22-101(1) expressly values lienable work whether the amount is disputed or undisputed, and § 38-22-101(7) permits contract-allowed delay, lost-productivity, or other disruption costs in a lien. This affects the amount that may be claimed; the filing and suit deadlines above remain the same.
Common questions
Can I correct a mistake in a lien statement? § 38-22-109(6) permits a new or amended statement to cure a mistake within the applicable filing period. The correction does not create a new filing period.
Can an owner clear a claimant's optional recorded notice if the work agreement ends? Under § 38-22-109(11), the owner may demand a termination identifying property where work or furnishing did not occur; recording the termination ends that notice for the identified property.
Statutes and sources
The quoted provisions in the source list above are from the 2026 Colorado Revised Statutes, Title 38, accessed October 6, 2026: §§ 38-22-101(1), (3), (7); 38-22-102(3.5); 38-22-109(3)–(7), (10)–(11); 38-22-110; and 38-22-125.
Source links
Every statute quoted above, linked, with the date we checked it.
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