Colorado

Colorado mechanics’ lien deadlines

Statutory summary — attorney verification in progress. Confirm before relying on any date.

Filing deadline

Statement of Lien (with the Notice of Intent and its affidavits) is recorded with the County Clerk and Recorder of each county containing the property. Deadlines: day/piece laborers furnishing no materials - within 2 months after completion of the improvement; everyone else - within 4 months after that claimant's own last labor/materials (punch-list, warranty, remedial, or trivial work does not extend the date). On one- or two-family homes the window effectively shrinks to 2 months after completion when a bona fide purchaser exists. A recorded extension notice can push the deadline to the earlier of 4 months after completion or 6 months after the extension filing, but likely not for residences. No weekend/holiday grace on the deadline.

Notice prerequisites

No notice is required before starting work. An optional statutory Notice to Owner (available to everyone but the principal contractor) obliges the recipient to withhold enough funds to cover the claim; a separate Notice to Disburser can compel a construction-fund disburser to pay the claimant directly. The mandatory pre-lien step is a Notice of Intent to File a Lien Statement, with a copy of the lien, served on the owner (and on the principal contractor if the claimant is a sub/supplier) at least 10 full days before recording, with notarized affidavits of service.

Service on the owner

Service (Notice of Intent plus copy of the lien statement) must precede filing by at least 10 full days, made personally or by certified/registered mail return-receipt on the owner or agent, and also on the principal contractor for lower-tier claimants; notarized proof of service accompanies the recorded statement.

Enforcement

Foreclosure suit must be filed in district court of the project county within 6 months after the later of the last labor/materials furnished by anyone or completion of the improvement, and a lis pendens must be recorded in the same window (even if the lien was bonded off).

Colo. Rev. Stat. sec. 38-22-101 et seq. (trust fund at 38-22-127; public verified claims at 38-26-107)

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