Mechanics Lien Filing Package — Colorado

Mechanics Lien Filing Package (Colorado)

Quick-Reference Summary

Part A — Pre-Lien Notice

Notice of Intent to File Mechanics' Lien (C.R.S. § 38-22-109(3))

TO: [OWNER NAME], Owner of Record
[OWNER ADDRESS — last known]

AND TO: [PRINCIPAL/PRIME CONTRACTOR NAME]
[PRIME CONTRACTOR ADDRESS]

RE: Property located at [STREET ADDRESS], [CITY], [COUNTY] County, Colorado
Legal Description: [LEGAL DESCRIPTION or "see Exhibit A"]
Parcel/Schedule No.: [APN]

PLEASE TAKE NOTICE that the undersigned, [CLAIMANT NAME] ("Claimant"), intends to file a Statement of Mechanics' Lien against the above-described property pursuant to C.R.S. § 38-22-101 et seq., not less than ten (10) days from the date of service of this Notice.

Payment Request. Claimant requests payment before the planned lien-statement filing. The statutory ten-day period runs from service of this Notice to filing of the lien statement; it is not a statutory cure period. If full payment is not received, Claimant intends to record a verified Statement of Mechanics' Lien and pursue remedies available under Colorado law, including foreclosure under C.R.S. § 38-22-110.

Service. This Notice is served by [☐ personal service / ☐ registered mail, return receipt requested / ☐ certified mail, return receipt requested] addressed to the last-known address of each addressee, as required by C.R.S. § 38-22-109(3).

Affidavit of Service of Notice of Intent

State of Colorado )
) ss.
County of [COUNTY] )

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I am over 18 and competent to make this affidavit.
2. On [__/__/____], I served the foregoing Notice of Intent to File Mechanics' Lien on each of the persons named above by [☐ personal delivery / ☐ U.S. registered mail, return receipt requested / ☐ U.S. certified mail, return receipt requested] addressed to the last-known address of each addressee.
3. True and correct copies of the mailing receipts and/or return receipts are attached as Exhibit 1.

Subscribed and sworn to before me on [__/__/____].

Notary: ________________________________ My commission expires: [__/__/____]

Part B — Claim of Mechanics Lien

Statement of Mechanics' Lien (Colorado — C.R.S. § 38-22-109)

RECORDING REQUESTED BY / RETURN TO:
[CLAIMANT NAME]
[ADDRESS]

(Space above this line for Recorder's use)

I. Claimant

II. Owner / Reputed Owner

III. Person With Whom Claimant Contracted

IV. Property

V. Labor, Materials, Services Furnished

[DESCRIBE WORK PERFORMED OR MATERIALS SUPPLIED]

VI. Amount Claimed (After Just Credits and Offsets)

VII. Statement Under C.R.S. § 38-22-109

The undersigned, being the Claimant (or authorized agent of the Claimant), states under oath:

1. The labor, services, or materials described above were furnished for the improvement of the property described above, at the special instance and request of the person identified in Section III.
2. The amount claimed, after deducting all just credits and offsets, is the sum shown in Section VI.
3. A Notice of Intent to File Lien was served on the owner or reputed owner or the owner's agent and on the principal or prime contractor or that contractor's agent at least ten (10) days before this Statement was filed, in compliance with C.R.S. § 38-22-109(3). An Affidavit of Service is filed for record herewith.
4. This Statement of Lien is filed within the time required by C.R.S. § 38-22-109(4) or (5), as applicable.
5. The Claimant claims a mechanics' lien against the Property in the principal amount stated above, plus interest, costs, and attorney fees as allowed by law.

VIII. Verification

State of Colorado )
) ss.
County of [COUNTY] )

Subscribed and sworn (or affirmed) to before me on [__/__/____] by [NAME].

Notary: ________________________________ My commission expires: [__/__/____]

[NOTARY SEAL]

Exhibit A — Legal Description

[INSERT FULL LEGAL DESCRIPTION]

Part C — Notice of Filing Lien Claim to Owner

Notice to Owner of Recorded Statement of Mechanics' Lien

TO: [OWNER NAME]
[OWNER ADDRESS]

Date: [__/__/____]

This serves as notice that on [__/__/____], the undersigned recorded a Statement of Mechanics' Lien against your property located at [PROPERTY ADDRESS] in the records of the Clerk and Recorder of [COUNTY] County, Colorado, at Reception No. [RECEPTION NO.] / Book [___] Page [___].

A file-stamped copy of the recorded Statement of Lien is enclosed for your records.

The principal amount of the lien is $[AMOUNT], plus interest at the legal rate, costs, and attorney fees allowable under C.R.S. § 38-22-101 et seq.

Effect of the Lien. The lien encumbers the Property and any improvements thereon. It will remain of record until (a) released by the Claimant upon payment, (b) bonded around under C.R.S. § 38-22-131 et seq., (c) discharged by court order, or (d) expired by operation of law if no foreclosure suit is timely filed.

Demand. Claimant again demands payment of the unpaid balance. To resolve this matter without litigation, contact the undersigned within fifteen (15) days.

Enclosure: File-stamped Statement of Mechanics' Lien

Part D — Suit to Foreclose

District Court Caption

Complaint to Foreclose Mechanics' Lien

Plaintiff [CLAIMANT], by and through undersigned counsel, files this Complaint to foreclose its mechanics' lien and states:

Parties, Jurisdiction, and Venue

1. Plaintiff is [ENTITY TYPE] organized under the laws of [STATE], doing business in Colorado.
2. Defendant [OWNER] is the record owner of the Property described in Paragraph 5.
3. Defendant [PRIME CONTRACTOR] contracted with the Owner for improvements to the Property.
4. Defendant [LENDER] holds a deed of trust of record against the Property and is joined as a necessary party.
5. The Property is located at [ADDRESS], [COUNTY] County, Colorado, legally described in Exhibit A.

Performance of Work and Non-Payment

6. Beginning on [__/__/____] and ending on [__/__/____], Plaintiff furnished [LABOR / MATERIALS / SERVICES] for the improvement of the Property at the request of [HIRING PARTY].
7. The reasonable value of the work, after just credits and offsets, is $[AMOUNT], no part of which has been paid except [$AMOUNT or "nothing"].

Statutory Compliance

8. On [__/__/____], Plaintiff served a Notice of Intent to File Lien on the Owner and Prime Contractor by [METHOD], at least ten (10) days before recording, as required by C.R.S. § 38-22-109(3).
9. On [__/__/____], Plaintiff recorded a verified Statement of Mechanics' Lien with the Clerk and Recorder of [COUNTY] County at Reception No. [_____], a copy of which is Exhibit B.
10. This action is commenced within six (6) months of the last date Plaintiff furnished labor or materials, in compliance with C.R.S. § 38-22-110.
11. Contemporaneously with the filing of this Complaint, Plaintiff has caused a Notice of Lis Pendens to be recorded against the Property.

Claim for Relief — Foreclosure

WHEREFORE, Plaintiff prays for judgment:

• Declaring Plaintiff's mechanics' lien valid in the amount of $[AMOUNT], plus interest at the statutory rate, costs, and reasonable attorney fees;
• Decreeing foreclosure of the lien and ordering judicial sale of the Property;
• Determining priorities among Defendants' interests;
• Granting deficiency judgment against [LIABLE DEFENDANT(S)] if the sale proceeds are insufficient; and
• For such other relief as the Court deems just.

Notice of Lis Pendens (filed with court and recorded)

Notice is given that on [__/__/____] the above-captioned action was commenced affecting title to the real property described in Exhibit A, situated in [COUNTY] County, Colorado. The action seeks foreclosure of a mechanics' lien recorded at Reception No. [_____].

Part E — Pre-Filing Checklist

☐ Confirm Claimant's contractor licensing/registration status (if any required for the type of work)
☐ Identify the record owner via current title search; confirm "reputed owner" if differs
☐ Identify the principal/prime contractor and party who hired Claimant
☐ Pull legal description and parcel/schedule number from the assessor or title commitment
☐ Calendar last date of furnishing — TODAY
☐ Calendar Notice of Intent (NOI) service date — at least 10 days before recording
☐ Calendar lien statement recording deadline: subsection (4) day/piece labor-only claims run from completion; subsection (5) claims run from the claimant's last labor or furnishing
☐ Calendar foreclosure deadline: 6 months after completion or last furnishing
☐ Prepare NOI; serve by personal service OR registered/certified mail, return receipt requested
☐ Retain proof of service / return receipts for affidavit
☐ Draft Statement of Lien with after-just-credits-and-offsets amount
☐ Verify lien statement before a notary
☐ Prepare Affidavit of Service of NOI to record WITH the lien statement
☐ Record Statement of Lien plus Affidavit of Service in the correct county
☐ Send file-stamped lien to owner (Part C notice)
☐ Diary 6-month foreclosure deadline; do not let it lapse
☐ Confirm priority issues with any deed of trust / construction loan disburser (§ 38-22-126)
☐ Apply the current § 38-22-128 excessive-amount standard, including its no-reasonable-possibility, knowledge, and good-faith provisions
☐ Have a Colorado-licensed attorney review the package before recording

Sources and References

• C.R.S. § 38-22-109 (Lien statement): https://law.justia.com/codes/colorado/title-38/liens/article-22/section-38-22-109/
• C.R.S. § 38-22-110 (Action to enforce): https://law.justia.com/codes/colorado/title-38/liens/article-22/section-38-22-110/
• C.R.S. Title 38, Article 22 (full): https://law.justia.com/codes/colorado/title-38/liens/article-22/
• Colorado Notice of Intent guidance: https://www.levelset.com/notice-intent-lien/colorado-notice-of-intent-guide-and-faqs/
• Overview of Colorado mechanics' liens: https://hollingtonlawfirm.com/articles/an-overview-of-mechanics-liens-in-colorado