Colorado Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanics' Mechanic Lien Rights Under Colorado Revised Statutes C.R.S. §38-22-101 — Private Works, Trust Fund Protections & Public Bond Claims
Colorado mechanic lien deadline table with toggles for project type and claimant type.
Colorado Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
No pre-work preliminary notice is required for a prime contractor in privity with the owner.
A Notice of Intent to File Lien Statement must still be served on the owner and the prime contractor at least 10 full days before recording the Lien Statement.
Service must be by personal service or by registered or certified mail with return receipt requested.
An affidavit proving proper service of the Notice of Intent to File Lien Statement must be recorded with the Lien Statement.
Record the Lien Statement with the county clerk and recorder within 4 months after the last day labor or materials were furnished to the project.
Punch-list items and remedial work do not extend the 4-month filing period.
A Notice of Extension may be recorded before the deadline to extend the filing period to the earlier of 4 months after completion of the structure or 6 months after recording the Notice of Extension.
On a one- or two-family dwelling sold to a bona fide purchaser, the 4-month period is shortened to 2 months.
Commence an action to foreclose the Lien Statement within 6 months after completion of the improvement or the last day labor or materials were furnished, whichever is later.
Preliminary Notice
No pre-work preliminary notice is required for a prime contractor in privity with the owner.
A Notice of Intent to File Lien Statement must still be served on the owner and the prime contractor at least 10 full days before recording the Lien Statement.
Service must be by personal service or by registered or certified mail with return receipt requested.
An affidavit proving proper service of the Notice of Intent to File Lien Statement must be recorded with the Lien Statement.
Mechanic Lien
Record the Lien Statement with the county clerk and recorder within 4 months after the last day labor or materials were furnished to the project.
Punch-list items and remedial work do not extend the 4-month filing period.
A Notice of Extension may be recorded before the deadline to extend the filing period to the earlier of 4 months after completion of the structure or 6 months after recording the Notice of Extension.
On a one- or two-family dwelling sold to a bona fide purchaser, the 4-month period is shortened to 2 months.
Enforcement
Commence an action to foreclose the Lien Statement within 6 months after completion of the improvement or the last day labor or materials were furnished, whichever is later.
Colorado private project deadlines
Prime Contractor
Preliminary Notice: No pre-work preliminary notice is required for a prime contractor in privity with the owner. A Notice of Intent to File Lien Statement must still be served on the owner and the prime contractor at least 10 full days before recording the Lien Statement. Service must be by personal service or by registered or certified mail with return receipt requested. An affidavit proving proper service of the Notice of Intent to File Lien Statement must be recorded with the Lien Statement.
Mechanic Lien: Record the Lien Statement with the county clerk and recorder within 4 months after the last day labor or materials were furnished to the project. Punch-list items and remedial work do not extend the 4-month filing period. A Notice of Extension may be recorded before the deadline to extend the filing period to the earlier of 4 months after completion of the structure or 6 months after recording the Notice of Extension. On a one- or two-family dwelling sold to a bona fide purchaser, the 4-month period is shortened to 2 months.
Enforcement: Commence an action to foreclose the Lien Statement within 6 months after completion of the improvement or the last day labor or materials were furnished, whichever is later.
Subcontractors & Suppliers
Preliminary Notice: Serve a Notice of Intent to File Lien Statement on the owner and the prime contractor at least 10 full days before recording the Lien Statement. Service must be by personal service or by registered or certified mail with return receipt requested. An affidavit proving proper service must be recorded with the Lien Statement. Suppliers to suppliers (sub-materialmen) have no lien rights under Colorado law.
Mechanic Lien: Laborers who furnished no materials must record the Lien Statement after last labor performed and within 2 months after completion of the improvement. All other subcontractors and suppliers must record within 4 months after the last day labor or materials were furnished to the project. Punch-list items and remedial work do not extend the filing period. A Notice of Extension may be recorded before the deadline to extend filing to the earlier of 4 months after completion of the structure or 6 months after recording the Notice of Extension. On a one- or two-family dwelling sold to a bona fide purchaser, the 4-month period is shortened to 2 months.
Enforcement: Commence an action to foreclose the Lien Statement within 6 months after completion of the improvement or the last day labor or materials were furnished, whichever is later.
Remote Claimants
Preliminary Notice: Serve a Notice of Intent to File Lien Statement on the owner and the prime contractor at least 10 full days before recording the Lien Statement. Service must be by personal service or by registered or certified mail with return receipt requested. An affidavit proving proper service must be recorded with the Lien Statement. Suppliers to suppliers (sub-materialmen) have no lien rights under Colorado law.
Mechanic Lien: Record the Lien Statement with the county clerk and recorder within 4 months after the last day labor or materials were furnished to the project. Punch-list items and remedial work do not extend the filing period. A Notice of Extension may be recorded before the deadline to extend filing to the earlier of 4 months after completion of the structure or 6 months after recording the Notice of Extension. On a one- or two-family dwelling sold to a bona fide purchaser, the 4-month period is shortened to 2 months.
Enforcement: Commence an action to foreclose the Lien Statement within 6 months after completion of the improvement or the last day labor or materials were furnished, whichever is later.
Colorado public works deadlines
Prime Contractor
Preliminary Notice: Not applicable. The prime contractor is the principal on the payment bond and pursues payment through contract remedies, not a bond claim.
Bond Claim: Not applicable. Mechanic liens cannot attach to public property in Colorado. Prime contractors pursue payment through contract remedies, not against their own bond.
Lawsuit to Enforce Bond Claim: Contract remedies against the public body, subject to any applicable notice-of-claim and limitations periods.
Subcontractors & Suppliers
Preliminary Notice: No statutory preliminary notice is required to preserve rights on the payment bond. Sending a Notice of Intent to Make Bond Claim is best practice, though not required.
Bond Claim: No specific notice is required to preserve a claim on the payment bond itself; review the bond language for any contractual notice requirement. To reach unpaid contract funds, file a Verified Statement of Claim with the contracting public body at any time before final settlement of the prime contract. A timely Verified Statement of Claim requires the public body to withhold funds from the contractor for 90 days after the date fixed for final settlement. Mechanic liens cannot attach to public property; payment rights run through the payment bond and the claim against unexpended contract funds.
Lawsuit to Enforce Bond Claim: Commence suit on the payment bond within 6 months after completion of the work on the project, unless the bond itself provides a longer period. Commence suit to recover against the withheld contract funds within 90 days after the date fixed for final settlement, and file a notice of lis pendens contemporaneously with the lawsuit.
Remote Claimants
Preliminary Notice: No statutory preliminary notice is required to preserve rights on the payment bond. Sending a Notice of Intent to Make Bond Claim is best practice, though not required. Suppliers to suppliers (sub-materialmen) are generally not protected, though some authority extends coverage to suppliers to sub-subcontractors.
Bond Claim: No specific notice is required to preserve a claim on the payment bond itself; review the bond language for any contractual notice requirement. To reach unpaid contract funds, file a Verified Statement of Claim with the contracting public body at any time before final settlement of the prime contract. A timely Verified Statement of Claim requires the public body to withhold funds from the contractor for 90 days after the date fixed for final settlement. Mechanic liens cannot attach to public property; payment rights run through the payment bond and the claim against unexpended contract funds.
Lawsuit to Enforce Bond Claim: Commence suit on the payment bond within 6 months after completion of the work on the project, unless the bond itself provides a longer period. Commence suit to recover against the withheld contract funds within 90 days after the date fixed for final settlement, and file a notice of lis pendens contemporaneously with the lawsuit.
Colorado Mechanic Lien Law Overview
Last updated June 2026 · Reviewed by Thomas Emalfarb, Esq.
Colorado construction mechanic lien rights are governed by Colorado Revised Statutes C.R.S. §38-22-101 et seq. This statutory framework protects the payment rights of every person who performs labor or furnishes material used in the construction of improvements to real property in Colorado. Notably, sub-materialmen (suppliers to suppliers) are not entitled to a mechanic lien under Colorado law.
A distinctive feature of Colorado mechanic lien law is the Notice of Intent to File Mechanic Lien Statement requirement. Before recording a mechanic lien, the claimant must provide written notice of intent to file a mechanic lien to the owner and general contractor at least 10 days prior to recording the mechanic lien statement. This notice must be served by personal service, registered mail, or certified mail with return receipt requested. C.R.S. §38-22-109(3).
Colorado also provides two types of disburser notices. A Notice to Disburse Direct notifies the party disbursing funds that complete payment to the general contractor will not be a valid defense to a mechanic lien. A Disburser's Notice is simply a notification that the subcontractor or supplier is working on a stated project but has no legal effect. C.R.S. §38-22-126.
Colorado provides additional remedies including trust fund protections (all funds disbursed to any contractor or subcontractor are impressed with a trust) and, for public works, payment bond claims under C.R.S. §38-26-101 et seq. — a bond is required under C.R.S. §38-26-106 for local-government public works contracts over $50,000 and for state public works contracts over $150,000 — and claims against unexpended funds under C.R.S. §38-26-107 et seq.
Topics on This Page
Colorado Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Colorado construction mechanic lien law.
Notice Requirements
Notice of Intent to File Mechanic Lien, disburser notices, trust fund protections, and public works notice rules under Colorado law
Mechanic Lien Deadlines
4-month mechanic lien recording deadline, 10-day pre-filing notice, and filing procedures under C.R.S. §38-22-101
Mechanic Lien Enforcement Deadlines
6-month suit deadline, public works bond claim enforcement, unexpended funds claims, and litigation timelines
Related Reading
In-Depth Colorado Guides
How a Colorado Subcontractor Protects the Right to Get Paid
A practical, cite-checked walkthrough of the Notice of Intent, the 4-month lien deadline, the 6-month suit window, the trust fund statute, and how public-works bond claims differ — with the leading Colorado cases.
Colorado Mechanics Lien Law: Notices, Deadlines, Lien Rights, and Licensing
A full-role overview of Colorado lien law: the 10-day notice of intent, the notice of nonliability, the 4-month and 2-month recording deadlines, the 6-month suit and recorded notice of action, who can claim, and why Colorado contractor licensing is mostly local.
Frequently Asked Questions
What statute governs mechanics' mechanic liens in Colorado?
Private works mechanics' mechanic lien rights are governed by C.R.S. §38-22-101 et seq. Public works payment bond claims fall under C.R.S. §38-26-101 et seq. Claims against unexpended funds are under C.R.S. §38-26-107 et seq.
What is the Notice of Intent to File Mechanic Lien in Colorado?
Before recording a mechanic lien, the claimant must provide written notice to the owner and general contractor at least 10 days prior to recording. Service must be by personal service, registered mail, or certified mail with return receipt requested. C.R.S. §38-22-109(3).
What is the deadline to file a mechanics' mechanic lien in Colorado?
All claimants must record a mechanic lien statement within 4 months from the date of last performance under C.R.S. §38-22-101.
How long do I have to enforce a Colorado mechanics' mechanic lien?
Suit may be filed at any time after performance but must be filed no more than 6 months after completion of the project.
Do sub-materialmen have mechanic lien rights in Colorado?
No. Under Colorado law, sub-materialmen (suppliers to suppliers) are not entitled to a mechanics' mechanic lien.
Can I file a mechanic lien on a public project in Colorado?
No. Mechanics' mechanic liens cannot be filed on public property. Payment rights are pursued through payment bond claims under C.R.S. §38-26-101 et seq. (a bond is required under C.R.S. §38-26-106 for local-government contracts over $50,000 and state contracts over $150,000) or claims against unexpended funds under C.R.S. §38-26-107.
Does punch-list or warranty work extend the Colorado lien deadline?
Usually not. C.R.S. §38-22-109(7) provides that trivial imperfections or omissions do not postpone lien deadlines, and in Kehn v. Spring Creek Village I, 563 P.2d 969 (Colo. App. 1977), the court applied that rule to all lien claimants and looked at whether the later work was trivial and whether the project was already complete. Do not assume a warranty visit or minor follow-up delivery resets the 4-month clock.
What happens if I don't record the affidavit of service with my Colorado lien?
The lien can be unenforceable. C.R.S. §38-22-109(3) requires that an affidavit proving service of the Notice of Intent on the owner and principal contractor be recorded with the lien statement. In Everitt Lumber Co. v. Prudential Insurance Co. of America, 660 P.2d 925 (Colo. App. 1983), the claimant had actual notice to the principal contractor but failed to record the affidavit, and the court held the lien unenforceable. Treat the affidavit as a mandatory part of the recording package.
Is violating Colorado's construction trust fund statute a crime?
It can be. Under C.R.S. §38-22-127, funds disbursed to a contractor or subcontractor are held in trust for those who supplied labor or materials, and §38-22-127(5) makes a violation theft under Colorado law. The Colorado Supreme Court in In re Regan, 151 P.3d 1281 (Colo. 2007), confirmed the trust-fund remedy is separate from the lien-perfection rules, so it can protect a claimant even when a lien was not perfected.
Do Colorado contractors need a statewide license to enforce a mechanic lien?
Colorado does not have a single statewide general contractor license system; general contractor licensing is mostly local (city and county), with state licensing for certain trades such as electrical and plumbing. Colorado's mechanic lien article does not contain a general statewide rule that automatically voids a lien because a general contractor lacked a local license, but licensing violations can still create permitting, municipal enforcement, contract-defense, and proof problems. Confirm all local and trade credentials before bidding or starting work.