I’m always talking about the importance of filing a lien if you are unpaid for labor or materials supplied to a construction project. Filing a lien is the best protection if you are unpaid for labor or materials supplied to a construction project. However, it’s important to note that the steps to be taken to have a valid lien are different in each state. This article will tell you what steps have been taken to have a valid lien in Colorado.
Who Qualifies for Lien Rights in Colorado?
In Colorado, lien rights are available to anyone who improves property with their labor and/or materials, including general contractors, subcontractors, and material suppliers. To have a valid lien, the person claiming the lien must strictly comply with the notice and filing requirements. Colorado courts don’t give much leeway on this. Miss a deadline or leave a required detail off the lien statement, and the lien can be thrown out even if the underlying debt is real.
One important limit: Colorado’s mechanics lien statute applies to private construction projects. If you’re owed money on a public project (a job for a state or local government entity), a mechanics lien won’t work because you can’t lien public property. You’ll need to pursue a bond claim instead. See our guide on payment bond claims for public projects if that’s your situation.
Colorado Mechanics Lien Deadlines
Missing one of these deadlines is the single most common way contractors lose their lien rights in Colorado. Here’s the full timeline:
|
Step |
Deadline |
|
Send Notice of Intent to Lien |
At least 10 days before the lien is filed |
|
File the lien statement |
Within 4 months of your last work or last material supplied to the project |
|
File a lawsuit to enforce the lien |
Within 6 months of completing the project (or your last work/material supplied) |
There’s nothing that says you have to wait until the deadline to act. If you’re owed money, haven’t been paid, and don’t expect to be, start the notice and lien process immediately. Waiting costs you leverage, not just time.
How to Send the Notice of Intent to Lien
The first step is sending a written notice of intent to the property owner and the general contractor. This notice must be sent at least 10 days before you file the lien, and it has to be either personally served or sent by certified mail with return receipt requested. Regular mail or email doesn’t satisfy this requirement in Colorado.
What the Lien Statement Must Include
Once the notice period has passed, the person claiming the lien must file a lien statement with the office of the clerk and recorder in the county where the property is located, within four months of the last work or last material supplied. This process is also called recording a lien. The lien statement must include:
- The name of the owner of the property
- The name of the person that supplied the labor and materials to the property
- The name of the general contractor
- A legal description of the property
- A sworn statement of the amount owed
- A sworn statement of how, when and to whom the notice of intent to lien was sent
Leave any of these off and you risk having the lien challenged or invalidated, even if every other step was done correctly.
Colorado lien filing fees: Recording the lien statement with the county clerk and recorder costs a flat $43 statewide, including $3 in surcharges (per HB 24-1269, effective July 2025). If you need certified copies later, budget roughly $0.25/page plus a ~$1 certification fee, which can vary slightly by county. Attorney fees for preparing or filing the lien are separate and vary by firm and case complexity.
Do You Need a Colorado Mechanics Lien Attorney to File a Lien?
Filing a lien yourself is possible, but the strict compliance standard in Colorado means small mistakes (a missed notice deadline, an incomplete legal description, the wrong recipient for the notice) can get the whole lien invalidated. That’s the entire value of the lien gone, along with the leverage it was supposed to create.
An attorney is worth bringing in when:
- You’re not sure your notice was sent correctly or served on the right party
- The amount owed is large enough that losing the lien would be a real financial hit
- The property owner or general contractor is disputing the debt
- You’ve already missed a deadline and need to know what options are left
What Is a Colorado Lien Waiver?
If you’re a contractor or supplier being asked to sign a lien waiver in exchange for payment, read it carefully before you sign. A lien waiver gives up some or all of your right to file a lien against the property, and in Colorado these come in different forms, conditional and unconditional, partial and final. Signing the wrong one at the wrong time can waive rights you haven’t actually been paid for yet. If you’ve been asked to sign a lien waiver and aren’t sure what it actually gives up, talk to a construction attorney before you sign it, not after.
Filing a Lawsuit to Enforce a Colorado Mechanics Lien
After filing a lien, you have to enforce it. To actually collect, you must file a lawsuit within 6 months of your last day of work or last material delivered to the project. If that 6-month window closes without a lawsuit filed, the lien itself typically expires and becomes unenforceable, even if it was filed correctly.
The Cromeens Law Firm has helped contractors and suppliers across Colorado file valid liens and enforce them when payment doesn’t come voluntarily.
To find out more about liens in Colorado, listen to our podcast on Colorado liens.
Frequently Asked Questions
How long do I have to file a mechanics lien in Colorado?
You have 4 months from your last day of work or last delivery of materials on the project to file the lien statement with the county clerk and recorder.
Do I have to send a notice before filing a lien in Colorado?
Yes. Colorado requires a written Notice of Intent to Lien sent to the property owner and general contractor at least 10 days before the lien is filed, delivered by personal service or certified mail with return receipt requested.
What happens if I miss the lien filing deadline in Colorado?
The lien itself may no longer be enforceable, but other legal remedies, like a breach of contract claim, may still be available. Read more in our Missed a Lien Deadline guide.
Can I file a lien on a public construction project in Colorado?
No. Mechanics liens only apply to private property. For public projects, you’ll need to pursue a payment bond claim instead.
How long do I have to enforce a Colorado mechanics lien in court?
You must file a lawsuit to enforce the lien within 6 months of completing your work or delivering your last materials to the project.
What’s the difference between a lien waiver and a lien release in Colorado?
A lien waiver gives up your right to file a lien, sometimes before you’ve even filed one, often in exchange for payment. Read the specific terms carefully, as conditional and unconditional waivers have very different effects on your rights.
Originally posted November 13, 2024. Last updated July 16, 2026.
