Pre-lien Notice / Notice to Owner

Colorado Notice of Intent to File Mechanic’s Lien

(“Pre-Lien Notice” / “Notice to Owner”)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Notice Effective Date: [DATE]

Claimant (Potential Lienor):
• Legal Name: [CLAIMANT LEGAL NAME]
• Entity Type: [CORPORATION/LLC/SOLE PROPRIETORSHIP]
• Mailing Address: [ADDRESS]
• Phone / E-mail: [PHONE] | [EMAIL]

Owner (or Reputed Owner):
• Legal Name: [OWNER NAME]
• Mailing Address: [ADDRESS]

Principal/General Contractor (if not Claimant):
• Legal Name: [GC NAME]
• Mailing Address: [ADDRESS]

Property:
• Legal Description (per recorded deed):
“[INSERT FULL LEGAL DESCRIPTION]”
• Common Address: [STREET ADDRESS, CITY, CO ZIP]
• County: [COUNTY]

Recitals
A. Owner has contracted for or otherwise consented to the improvement of the Property.
B. Claimant has furnished labor, materials, equipment, or professional services (“Work”) for said improvement.
C. A balance of $[AMOUNT] remains unpaid to Claimant despite demand.
D. Colorado law requires that Claimant give this written Notice at least ten (10) days before recording a mechanic’s lien statement.

2. DEFINITIONS

“Claim” – The sum of money identified in Section 3.1., plus any additional amounts that become due for the Work performed through the date of full payment.

“Lien Law” – The Colorado mechanic’s lien statutes currently codified at Title 38, Article 22, Colorado Revised Statutes, as amended from time to time.

“Notice” – This Colorado Notice of Intent to File Mechanic’s Lien, including all exhibits and attachments.

“Party” or “Parties” – Each person or entity identified in the Document Header.

“Property” – The real property described in the Document Header together with all improvements thereon.

“Work” – All labor, services, materials, equipment, and/or professional services furnished by Claimant for the improvement of the Property.

3. OPERATIVE PROVISIONS

3.1 Amount Due. As of the Notice Effective Date, $[AMOUNT] is due and owing to Claimant for the Work. This amount is exclusive of interest, finance charges, attorney fees, and other recoverable costs that may accrue.

3.2 Description of Work. Claimant furnished the following Work to the Property:
[DETAILED DESCRIPTION OF LABOR/MATERIALS/SERVICES, INCLUDING DATES PERFORMED]

3.3 Statutory Notice of Intent.
(a) Pursuant to the Lien Law, Claimant hereby gives written notice of its intent to file a mechanic’s lien statement against the Property if the Claim (plus any subsequently accrued amounts) is not paid in full within ten (10) days after service of this Notice.
(b) If payment is made in full within that period, Claimant will not record a lien.

3.4 Service of Notice. This Notice is being served on each Party identified in the Document Header by the method(s) indicated below:
• ☐ Personal service (hand delivery)
• ☐ Certified U.S. Mail, return-receipt requested
• ☐ Registered U.S. Mail
• ☐ Commercial carrier with proof of delivery
• ☐ Other: [DESCRIBE]

3.5 Deadline to Record Lien. Nothing herein extends or tolls the statutory deadline for recording a mechanic’s lien statement. Claimant is solely responsible for timely recording within the statutory period following completion of the Work.

4. REPRESENTATIONS & WARRANTIES

4.1 Claimant represents and warrants that:
(a) The Work was performed in good faith and in accordance with the contract documents (if any) and applicable codes.
(b) The sums claimed are just, true, and correct, and all lawful set-offs, payments, and credits have been allowed.
(c) Claimant holds any required professional or contractor licenses in good standing.

4.2 Survival. The representations and warranties in this Section survive the satisfaction or foreclosure of any mechanic’s lien.

5. COVENANTS

5.1 Claimant’s Covenant to Release. Upon receipt of full payment in immediately available funds, Claimant shall execute and deliver a partial or full lien waiver/release in a commercially reasonable form.

5.2 Owner’s Covenant to Notify. Owner shall promptly notify Claimant in writing of any dispute concerning the Claim, including a statement of specific objections and supporting documentation, within five (5) days after service of this Notice.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitutes an event of default:
(a) Failure of Owner (or Principal Contractor) to pay the Claim in full within ten (10) days of service; or
(b) Failure to provide the dispute notice required under Section 5.2.

6.2 Remedies. Upon default, Claimant may, without further notice:
(a) Record a mechanic’s lien statement against the Property for the unpaid amount plus allowable interest, costs, and attorney fees;
(b) Commence foreclosure or other legal proceedings to enforce the lien; and
(c) Pursue any additional remedies available at law or in equity.

6.3 Attorney Fees & Costs. In any action to enforce or defend the lien or this Notice, the prevailing party is entitled to recover its reasonable attorney fees, court costs, and expenses to the fullest extent permitted by the Lien Law.

7. RISK ALLOCATION

7.1 Limitation of Liability. Claimant’s aggregate liability to Owner for any claim related to the Work is limited to the lesser of (i) the value of the Work actually performed by Claimant, or (ii) the amount recovered by Claimant’s applicable insurance.

7.2 Force Majeure. Claimant is not liable for delays or damages caused by events beyond its reasonable control—including without limitation acts of God, material shortages, governmental actions, or labor disputes.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Notice and any ensuing lien enforcement proceedings are governed exclusively by the laws of the State of Colorado.

8.2 Forum Selection. Any litigation arising out of or relating to this Notice or the mechanic’s lien shall be brought in the state courts located in the county where the Property is situated, to the exclusion of all other forums.

8.3 Injunctive Relief. Nothing herein limits Claimant’s right to seek injunctive or provisional relief, including an order of foreclosure or attachment, as permitted under the Lien Law.

9. GENERAL PROVISIONS

9.1 Amendments; Waivers. Any amendment or waiver of this Notice must be in a writing signed by Claimant.

9.2 Assignment. Claimant may assign its rights under this Notice and any related lien to a third party (e.g., a factoring company) without Owner’s consent.

9.3 Severability. If any provision of this Notice is held unenforceable, the remaining provisions remain in full force to the maximum extent permitted by law.

9.4 Entire Notice. This document constitutes the entire notice required by the Lien Law and supersedes all prior or contemporaneous statements, whether oral or written, regarding Claimant’s intent to assert a mechanic’s lien.

9.5 Electronic Signatures. This Notice may be executed and transmitted electronically, and any such electronic signature is deemed an original for all purposes.

10. EXECUTION BLOCK

Executed on the Notice Effective Date set forth above.

CLAIMANT:
[CLAIMANT LEGAL NAME]

By: _________________________________
Name: [TYPED NAME]
Title: [CAPACITY/AUTHORITY]

State of ____________ )
County of __________ )

The foregoing instrument was acknowledged before me on ____/____/______ by ______________________________ as ____________________ of [CLAIMANT LEGAL NAME].

__________________________________
Notary Public
My Commission Expires: _________________