Contractor Representation

Colorado mechanics' liens. Filed correctly. On deadline.

The Colorado Mechanic's Lien Statute, C.R.S. § 38-22-101 et seq., gives contractors, subcontractors, and suppliers powerful payment remedies. It also gives them a short window to act. We file liens for clients on a flat-fee scope: review the record, calculate the claim, serve the Notice of Intent, and record the Lien Statement.

Start a Lien Filing See the Deadlines

Licensed: Colorado & Arizona Filings: County clerk & recorder, statewide Originals: 4 months from last work Subs / suppliers: 2 months from last work
The Deadlines

Colorado lien deadlines are short. Missed deadlines are fatal.

Lien rights in Colorado are creatures of statute. Miss the recording window or skip the Notice of Intent and the remedy is gone, no matter how good the underlying claim is. These are the four windows that govern every Colorado mechanic's lien.

Original Contractors

4 months from last work

A general contractor or original contractor in privity with the owner must record the Lien Statement within four months after the last labor performed or material furnished to the project.

C.R.S. § 38-22-109(5)

Subs & Suppliers

2 months from last work

Subcontractors, suppliers, and others not in privity with the owner must record within two months after last labor or material furnished. Half the window of an original contractor and a frequent source of lost rights.

C.R.S. § 38-22-109(5)

Notice of Intent

At least 10 days before recording

The Notice of Intent to File Lien Statement must be served on the owner and the principal contractor at least ten days before the Lien Statement is recorded. Personal service or certified mail. The lien is void without it.

C.R.S. § 38-22-109(3)

Enforcement

6 months from last work

An action to enforce the lien must be commenced within six months after completion of the building or the last labor or materials, whichever is later. A Notice of Extension can extend this by recording a separate notice during the original window.

C.R.S. § 38-22-110, 38-22-109(8)

Scope

Flat-fee lien filing. Honest scope.

A lien filing is a discrete legal task with a defined product: a recorded Lien Statement and a documented chain of statutory notice. We price it accordingly. Enforcement, defense of a challenge, and bonding off are separate engagements. We tell you the day the matter changes posture.

What is included

In the flat-fee lien filing engagement

  • Review of prime contract, subcontract, purchase orders, invoices, and payment ledgers
  • Calculation of the principal amount of the lien claim
  • Confirmation of statutory deadlines under C.R.S. § 38-22-109
  • Preparation and service of the Notice of Intent to File Lien on the owner and principal contractor
  • Personal service or certified mail in compliance with the statute
  • Title verification to confirm record ownership of the Property
  • Preparation of the Lien Statement and verification affidavit
  • Recording the Lien Statement with the clerk and recorder of the correct county
  • Delivery of the recorded Lien Statement and proof of service to the client

Separate engagement required

Triggered by contest, enforcement, or scope expansion

  • Action to enforce the lien under C.R.S. § 38-22-110
  • Defense of any motion to declare the lien excessive under C.R.S. § 38-22-128
  • Discharge or release of the lien through bonding under C.R.S. § 38-22-131
  • Claims under a payment bond or surety
  • Public-project claims under C.R.S. § 38-26
  • Miller Act claims on federal projects
  • Breach-of-contract litigation against the owner or principal contractor
  • Prompt-payment claims under C.R.S. § 24-91-103 or § 24-91-103.5
  • Lien claims on adjacent or related parcels
  • Negotiation with the owner, principal contractor, or surety regarding payment
The Process

From intake to recorded lien in 12 to 14 days.

A clean Colorado lien filing runs about two weeks from intake. The pacing is set by the 10-day Notice of Intent and the response time of the county recorder.

Step 1

Intake

You send the prime contract or subcontract, invoices, ledger, and any prior lien correspondence. We confirm party names, the project, and the date of last work.

Day 0
Step 2

Title & Statute Check

We verify record ownership, identify the principal contractor, and confirm the statutory window for your role (4 months for originals, 2 months for subs and suppliers).

Days 1–2
Step 3

Notice of Intent

We draft the Notice of Intent to File Lien Statement, serve the owner and principal contractor, and document service in compliance with C.R.S. § 38-22-109(3).

Days 2–3
Step 4

10-Day Hold

The statutory ten-day waiting period runs. If the owner cures or pays, the lien is unnecessary. If not, we proceed to recording.

Days 3–13
Step 5

Lien Statement Recorded

We prepare and verify the Lien Statement, record it with the county clerk and recorder where the Property sits, and deliver the recorded document and proof of service to you.

Day 13–14
Beyond the Lien

The lien is the floor. Payment recovery is the work.

A recorded lien is leverage. It is not, by itself, a paid invoice. The real question on every payment dispute is what comes next: prompt-payment demand under C.R.S. § 24-91-103 (public) or § 24-91-103.5 (private), bond claim against a surety on a bonded project, a lien-enforcement action filed within the six-month window, or negotiated payment from an owner who suddenly cares about the cloud on title.

We advise on the full path from notice through payment. The lien filing is one piece of the strategy, not the whole thing. For ongoing contractor work, the same retainer covers the contracts that prevent the dispute, the notice posture that preserves the entitlement, and the lien rights that get you paid when the owner goes dark.

See Fractional GC Retainer

Lien Practice Snapshot

  • Practice areaContractor-side liens
  • Scope modelFlat fee, filing
  • CoverageCO statewide
  • Typical timeline12–14 days from intake
  • StatuteC.R.S. § 38-22-101 et seq.

Public-project claims under C.R.S. § 38-26 and Miller Act claims on federal projects follow different statutes and timelines and are handled under a separate engagement.

Why GC Counsel

Defensible filings. No reused boilerplate.

Most defective liens in Colorado fail in the same handful of ways: the wrong claimant on the verification, an unverified principal-contractor name, late or missing Notice of Intent, a claim amount that includes items the statute excludes, or recording in the wrong county. Each one is preventable. Each one ends a payment claim that should have been collectible.

We draft every lien from the contract record, not from a fillable form. The verification affidavit reflects the actual person with personal knowledge. The amount claimed reflects what is recoverable under C.R.S. § 38-22-103 and excludes what is not. The recorded document is something you can stand behind if the owner challenges it.

FAQ

Frequently asked questions.

Does Colorado require a preliminary notice before I can lien?
Colorado does not require a preliminary or pre-lien notice for the right to lien itself, unlike some states. What Colorado requires is the Notice of Intent to File Lien Statement, served on the owner and the principal contractor at least ten days before the Lien Statement is recorded. C.R.S. § 38-22-109(3). The lien is void without it.
What is the deadline to record my lien?
Original contractors in privity with the owner have four months from the date of last labor or material furnished. Subcontractors, suppliers, and others not in privity with the owner have two months from that same date. C.R.S. § 38-22-109(5). The clock runs from your last work on the project, not from the date of your last invoice and not from the date you stopped getting paid.
How do I extend the lien window?
Record a Notice of Extension before the original recording deadline expires. C.R.S. § 38-22-109(8). The extension runs from the date the project is completed or last labor or material is furnished, whichever is later, up to six months. The extension preserves the right to record and the right to enforce.
What goes into the principal amount of the claim?
Labor and materials furnished, properly chargeable to the project, that contributed to the improvement. C.R.S. § 38-22-103. Items that do not contribute to the improvement, items outside the scope of the contract, and items not yet performed at the date of last work are excluded. Excessive claims expose the claimant to an excessive-lien penalty under C.R.S. § 38-22-128.
What happens if my lien is challenged?
If the owner moves to declare the lien excessive, bonds it off under C.R.S. § 38-22-131, or sues to discharge it, the matter is no longer a flat-fee filing engagement. We convert to hourly with full credit for the flat fee already paid and confirm with you before any contested work begins.
Can I lien a public project?
No. Public property is not subject to mechanic's liens in Colorado. Payment remedies on public projects run through C.R.S. § 38-26 (payment bond claims and verified statement of claim against retained funds) and, on federal projects, through the Miller Act. We handle public-project payment claims under a separate engagement.
What is the prompt-payment statute and when does it apply?
Colorado has two prompt-payment statutes. C.R.S. § 24-91-103 covers public works and requires the public entity to pay within statutory deadlines. C.R.S. § 24-91-103.5 covers private commercial construction and requires the owner to pay within seven days of an undisputed pay application, and the prime contractor to pay subs within seven days of receipt. Both carry interest and fee-shifting remedies. Prompt-pay enforcement is handled under a separate engagement, often paired with a lien filing.
How much does it cost to file a mechanic's lien?
We file liens on a flat-fee scope. Recording fees and certified-mail charges are billed at cost as pass-through expenses. Fee structure is confirmed in your engagement letter before any work begins. Contact us for a quote on your matter.

Lien deadline coming up?

Send us the contract, the invoices, and the date of your last work on the project. We confirm the window and start the filing the same day.

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