Free tools and quick-reference guides for contractors in all 50 states. Lien deadlines are short, pre-lien notice requirements are shorter, and neither one waits for you to get around to it.
A mechanic's lien (also called a construction lien, materialman's lien, or contractor's lien depending on the state) is a security interest that attaches to real property when a contractor, subcontractor, laborer, or supplier furnishes work or materials and is not paid. It is a constitutional or statutory right in every state in the country.
Once filed, a lien clouds the title to the property. The owner typically cannot sell or refinance without resolving it. That is the leverage — and it is real leverage even when the amount is relatively small.
Lien rights generally run down the contractual chain: the GC has a direct contract with the owner, subs contract with the GC, sub-subs contract with subs, and material suppliers contract with any of the above. Each tier has lien rights against the property — not just against the party they contracted with.
In most states, lien rights "relate back" to the date of first visible work on the project, giving lien claimants priority over mortgages recorded after construction began.
Most contractors know about lien filing deadlines. Fewer know about pre-lien notices — and that is where rights are lost. Many states require a preliminary notice (variously called a Notice to Owner, Notice of Furnishing, Notice of Right to Lien, or Prelim) to be served on the owner within days or weeks of first furnishing labor or materials.
Pre-lien notices are often a condition precedent — meaning failure to serve them on time does not just hurt your case, it eliminates your lien rights entirely, regardless of how much you are owed. Florida, Michigan, Nevada, North Carolina, Oregon, Texas, and California are among the most unforgiving. The calculator below flags these requirements by state.
Mechanic's liens do not attach to government-owned property. On public projects, the equivalent remedy is a bond claim. Federal projects are governed by the Miller Act (40 U.S.C. § 3131 et seq.), which requires payment bonds on contracts over $100,000. Every state has its own version (often called a "Little Miller Act") for state and local public projects.
Bond claim deadlines and notice requirements differ from private lien rights and vary significantly by state and contract. The general contractor's payment bond — not the property — is the source of recovery. Know which bond was posted and where before a deadline passes.
Pre-Lien Notice Warning — Read Before Using This Calculator: Many states require contractors, subcontractors, and suppliers to serve a preliminary notice on the property owner within days or weeks of first furnishing labor or materials — long before any dispute arises. These are called Notice to Owner, Notice of Furnishing, Preliminary Notice, or Notice of Right to Lien, depending on the state. In most states that require them, they are a condition precedent: fail to serve one on time and your lien rights may be extinguished regardless of how much you are owed. The calculator below flags these requirements by state. If you are unsure whether you served the required notice, or if the window has already passed, contact counsel before assuming the right is gone.
Select your state and enter your last work date to estimate your lien filing deadline. The calculator flags pre-lien notice requirements and state-specific warnings where applicable.
General estimates for private projects only — not legal advice. Verify all deadlines with a licensed attorney before acting or missing one.
This calculator provides general estimates based on the data entered. It does not constitute legal advice. Lien rights depend on the specific facts of your project, pre-lien notice compliance, contract type, party role, and applicable state law. Deadlines may be shorter under certain circumstances. Always verify with a licensed attorney in the relevant state before taking action — or missing a deadline.
When you file a mechanic's lien, it clouds the title to the property. The owner cannot sell, refinance, or close a construction loan without resolving it. That is the point. But most states allow the property owner — or the GC on the owner's behalf — to discharge the lien by posting a surety bond. Once the bond is substituted, the lien is released from the property. Your rights transfer to the bond. The property is clear; the dispute continues against the bond.
Bond substitution is a practical tool for owners who need to sell or refinance while a dispute is pending, or for GCs who want to clear the project's title without conceding the underlying claim. It does not resolve the dispute — it moves the battleground from the real property to the surety bond. Once bonded off, the owner proceeds with closings and financing. The claimant pursues its claim against the bond.
Bond substitution does not eliminate your rights — it redirects them. Your lien is released, but your claim is preserved against the bond. In most states the bond amount must equal or exceed the lien amount. You need three things immediately: (1) the bond documentation; (2) the identity and financial strength of the surety; and (3) the deadline to file suit against the bond. That suit deadline is often shorter than the lien foreclosure deadline. Missing it forfeits your recovery against the bond.
Colorado allows discharge by bond under C.R.S. § 38-22-131. The bond must be in a penal sum equal to 1.5 times the lien amount, executed by a surety authorized to do business in Colorado. Once the bond is filed and approved, the lien is discharged of record. The claimant's 6-month window to bring a foreclosure action transfers to the bond — the same deadline, the same consequence for missing it.
On public projects, mechanic's liens do not attach to government property. The equivalent remedy is a bond claim from day one. Federal projects require prime contractors to post payment bonds on contracts over $100,000 under the Miller Act (40 U.S.C. § 3131 et seq.). Every state has its own version — the "Little Miller Act" — for state and local public work. Requirements for notice, claim amounts, and suit deadlines vary by state and sometimes by contract value. Know which bond was posted and by whom before a deadline passes.
Practical note: If a lien you filed gets bonded off, do not treat it as a concession by the other side. Your leverage has shifted, but your rights have not. Get the bond documentation, confirm the surety, calendar the suit deadline, and maintain the pressure. If your lien is approaching expiration and the other side has not offered bond substitution or payment, consult counsel immediately — do not let the window close by inaction. Contact GC Counsel →
| Party | Filing Deadline | Notice of Intent (Residential) | Public Projects |
|---|---|---|---|
| Original Contractor | 4 months from last work/materials | 10 days before filing | Bond claim (Little Miller Act) |
| Subcontractor | 2 months from last work/materials | 10 days before filing | Bond claim (Little Miller Act) |
| Material Supplier | 2 months from last delivery | 10 days before filing | Bond claim (Little Miller Act) |
| Laborer | 2 months from last work | 10 days before filing | Bond claim (Little Miller Act) |
Source: C.R.S. § 38-22-109 (private projects); C.R.S. § 38-26-105 (public projects). This table is a general summary. Consult a licensed Colorado attorney for project-specific advice. Deadlines may vary based on contractual provisions and specific facts.
Colorado's private prompt payment statute (C.R.S. § 38-22-127) requires owners to pay contractors within a specified period after receiving a proper pay application. Contractors must in turn pay subs and suppliers promptly upon receipt of payment.
Interest at 15% per annum attaches to late payments. Attorney's fees may be available for wrongful withholding.
Colorado's public prompt payment statute (C.R.S. § 24-91-103) governs state public works contracts. The general contractor must pay subcontractors within seven days of receiving payment from the public owner, with interest on late payments.
Federal projects (federally funded) are also governed by the federal Prompt Payment Act (31 U.S.C. § 3901 et seq.).
Practical note: Pay-if-paid clauses in private subcontracts can shift the risk of the owner's nonpayment to the subcontractor. Colorado courts scrutinize these clauses closely. If your subcontract has a pay-if-paid provision, you need to know exactly what it says — and whether it will hold up — before payment slows down. We can review it.
If you have a project with unpaid balances, a dispute brewing, or a contract you haven't had reviewed, call before the window closes.
Contact GC Counsel