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Notice of Intent (with copy of lien that will be filed) required 10 days before filing. | Must be filed within 4 months after last delivery of services or materials. If only labor provided (and not materials) time is shortened to 2 months. Action to enforce lien is required 6 months after completion or last furnishing of services or materials. |
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Notice of Intent (with copy of lien that will be filed) required 10 days before filing. | Must be filed within 4 months after last delivery of services or materials. If only labor provided (and not materials) time is shortened to 2 months. Action to enforce lien is required 6 months after completion or last furnishing of services or materials. |
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Notice of Intent (with copy of lien that will be filed) required 10 days before filing. | Must be filed within 4 months after last delivery of services or materials. If only labor provided (and not materials) time is shortened to 2 months. Action to enforce lien is required 6 months after completion or last furnishing of services or materials. |
Colorado Mechanics Lien Frequently Asked Questions
It’s easy to file Colorado mechanics liens with Zlien, the web’s leading mechanics lien compliance manager and filing service. Plus, Zlien prepares and files Colorado mechanics lien cancellations, notices of intent to lien, notices to owner, and more. To learn more about Colorado’s mechanics lien law, read the frequently asked questions below.
Colorado Mechanics Lien FAQs
Who can file a Mechanic’s Lien?
Colorado law allows “person who furnishes or supplies laborers, machinery, tools, or equipment in the prosecution of the work, and mechanics, materialmen, contractors, subcontractors, builders, and all persons of every class performing labor upon or furnishing directly to the owner or persons furnishing labor, laborers, or materials to be used in construction, alteration, improvement, addition to, or repair, either in whole or in part of any building” to file a mechanic’s lien. Architects, engineers, draftsmen and artisans are also allowed to file mechanic’s liens. Colorado law is extremely expansive in the parties it allows to file mechanic’s liens, even granting mechanic’s lien rights to personnel agencies who supply labor. However, on public projects, suppliers to suppliers, architects, engineers, draftsmen, and artisans are not protected
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When is the Deadline to File a Mechanic’s Lien?
For all lien claimants except laborers who don’t provide any materials to the project, Colorado law requires that a Statement of Lien must be filed by no later than 4 months after the last day labor or materials were provided to the project – punch list items and remedial work do not count to extend the time period.
For laborers who did not provide materials to the project, the lien must be filed after the last labor was performed and within 2 months of that date.
For a one or two family home, the normal 4-month period in which a mechanic’s lien may be filed is shortened to 2 months if there is a bona fide purchaser of the dwelling.
The time to file a lien may be extended if a Notice of Extension of Time to File Lien is filed with the county clerk and Recorded of the county where the property is located. This extends the time in which a mechanic’s lien can be filed to either 4 months after the project is completed, or 6 months after filing the extension of time – whichever occurs first. This extensions is likely not available on one or two family residential projects.
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Do I Need to Send Notice the Lien Was Recorded?
No. Colorado law imposes no requirement that any notice must be given after the lien was recorded, provided that the required pre-lien notices were given.
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Can I Include Attorney’s Fees, Collection Costs, or Other Amounts in the Lien Total?
The only extra amount that can be allowed as part of a judgment against the real estate, the lien, is interest. However, other amounts – like attorney’s fees –may be awarded by the court.
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When is the Deadline to Enforce a Mechanic’s Lien, or, How Long is My Lien Effective?
Colorado law requires that a mechanic’s lien be enforced within 6 months of the date the project was completed, or labor or materials were last furnished to the project.
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Will My Lien Have Priority Over Pre-Existing Mortgages or Construction Loans?
A Colorado mechanic’s lien relates back to the time of commencement of work under the contract between the owner and the first contractor, and has priority over any lien or encumbrance subsequently intervening, or created prior thereto if it was not then recorded and the mechanic’s lien claimant did not have actual notice. Mechanic’s liens do not have priority over liens or encumbrances recorded prior to the date to which the mechanic’s lien relates back.
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Must the Lien Include a Legal Property Description?
No. A Colorado mechanic’s lien requires a description of the property “sufficient to identify same”. This does not require a legal description of the property a description is sufficient if it describes the property to be liened such that it can be reasonably identified.
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Must the Lien Include be Notarized?
Yes. A mechanic’s lien in Colorado must be notarized to be valid.
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Can I File a Lien if I’m Unlicensed?
Yes. According to Colorado law, there is no licensing requirement for a person otherwise entitled to a mechanic’s lien to assert those lien rights.
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Can I File a Lien on a Condominium Project?
You may file a lien against a condominium in Colorado, provided you are a party otherwise allowed to file a mechanic’s lien.
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Who Cancels the Lien if/when I get Paid?
Once the lien claimant’s claim has been satisfied he is responsible for filing an acknowledgement of satisfaction of same within 10 days of written request. Failure to do so will subject the lien claimant to penalties of $10 per day for every day he neglects to file the acknowledgement of satisfaction.
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Colorado Preliminary Notice FAQs
Do I need to send a Preliminary Notice?
Colorado does not require any notice prior to performing work on the project. However, any party other than the prime contractor is allowed to file a Notice to Owner that has the effect of requiring the owner to withhold funds to ensure payment of the notifying party.
A Colorado mechanic’s lien claimant is required to give the property owner, reputed owner, or owner’s agent, a Notice of Intent to Lien as well as a copy of the Statement of Lien that will be filed at least 10 full days prior to the filing of the mechanic’s lien.
When do I need to send a Preliminary Notice?
If given, the Notice to Owner may be given to the owner at any time, either prior to performing work or after performing work and prior to giving Notice of Intent to Lien.
The Notice of Intent to Lien, along with a copy of the Statement of Lien to be filed, must be given to the owner at least 10 full days prior to the filing of the Statement of Lien.
What if I send the Preliminary Notice Late?
Notice to Owner is not required in Colorado, so there is no penalty to sending the notice “late”, if it may still be given at all.
Failure to provide the Notice of Intent to Lien (and a copy of the Statement of Lien to be filed) at least 10 full days prior to the filing of the lien is fatal to the lien claim.
How Should the Preliminary Notice be Sent?
A Notice to Owner may be given by personal delivery, by leaving the notice at the owner’s (or superintendent of construction’s, agent’s, architect’s, or financing institution’s) residence or place of business with someone in charge.
A Notice Intent to Lien, may be given by personal service, or by registered or certified mail return receipt requested addressed to the last known address of such persons.
Do I have to send the Preliminary Notice to Someone Other than the Owner?
The Notice to Owner may be given to the owner, reputed owner, owner’s agent, superintendent of construction, architect, or financing institution.
The Notice of Intent to Lien must be served on the owner, or reputed owner or owner’s agent, and the prime contractor or his agent.
Is the Preliminary Notice Considered Delivered When Sent or When Received?
The Preliminary Notice is considered delivered when either delivered in person, or when the notice is properly addressed, registered, and mailed. No requirement exists that a mailed notice must be received in order to be effective.










