Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Colorado
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This is an overview of the state’s statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we highly encourage you to work with a construction attorney for your particular circumstances in our complex construction lien law environment.
Colorado Quick Overview
| Pursuant code | Colo. Rev. Stat. §§ 38-22-101 et seq. |
|---|---|
| Prelien required for private / commercial projects | No, but may be beneficial |
| Prelien required for public projects | No |
| CO statutory relief | Full price |
| Lien milestone event | Last furnishing / last invoice |
| Lien enforcement deadline | 120 to 180 days |
| Waivable lien rights | Yes |
| Supplier to supplier rights | Likely no |
| Prelien document name(s) | Notice to Owner, Disburser Notice |
| Prelien minimum information | Copy of lien statement to be filed, including legal property description, amount claimed, owner name, and related parties. |
| Prelien minimum notifications | Owner (mandatory), prime contractor (if not claimant) |
| Prelien recording requirement | No |
| Prelien notarized | No |
Understanding the Prelien Process on Construction Projects in Colorado by Role
Colorado does not require a traditional preliminary notice before furnishing work or materials. However, lien claimants must serve a Notice of Intent to Lien (along with the lien statement) on the property owner at least 10 days prior to recording a mechanic's lien. This rule applies to all parties including prime contractors, subcontractors, and material suppliers.
- Prime/ Original / General Contractors (GCs): Private/Commercial: Prime contractors are not required to give preliminary notice before starting work but must serve a Notice of Intent to Lien on the property owner at least 10 days before filing the lien.
- Subcontractors/Trade Partners (Subs): Private/Commercial: Subcontractors must serve a Notice of Intent to Lien on both the property owner and the prime contractor at least 10 days before recording their lien.
- Second-tier Subcontractors: Private/Commercial: Same requirements as subcontractors: serve a Notice of Intent to Lien on both the property owner and the prime contractor at least 10 days prior to filing the lien.
- Lower-tier Subcontractors: Private/Commercial: Same requirements as subcontractors: serve a Notice of Intent to Lien on both the property owner and the prime contractor at least 10 days prior to filing the lien.
- Material Suppliers: Private/Commercial: Material suppliers must serve a Notice of Intent to Lien on both the property owner and the contractor to whom they supplied materials at least 10 days before recording the lien.
- Equipment Lessors: Private/Commercial: Equipment lessors follow the same rules as material suppliersmust provide a Notice of Intent to Lien at least 10 days before recording.
- Second-tier Material Suppliers: Private/Commercial: Must serve a Notice of Intent to Lien on the property owner and the party with whom they contracted (e.g., subcontractor or sub-subcontractor), at least 10 days before filing the lien.
Mechanic's Liens in Colorado
In Colorado, a lien claimant must first serve a Notice of Intent to File a Lien at least 10 days before recording the lien statement. The lien must be recorded within 4 months after the last furnishing of labor or materials. Suit to enforce the lien must be initiated within 6 months after completion of the improvement or last furnishing.
Bond Claims in Colorado
On public projects, mechanic's lien rights are typically replaced by bond claim rights. Bond claim notice and enforcement timelines can vary by project type and bond language, so coordinate with your construction attorney to confirm the correct deadline and required notice path.
Construction Lien Waivers in Colorado
Required format: Colorado does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required notarization: Colorado does not require waivers to be notarized.
Lien waivers in Colorado are generally governed by contract. There is no statutory form or requirement for conditional or unconditional waivers, but they must not waive lien rights in advance of furnishing labor or materials.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors’ websites in Colorado counties
Most often, the county Assessor’s office is the go-to resource for online lien-related information for construction project parcels—ownership records, special warranty deeds, and more. Counties that we’ve not yet found online (those with “*”) link to a Google search for your convenience.
- *Aleutians East Borough
- Adams County
- *Alamosa County
- Arapahoe County
- *Archuleta County
- *Baca County
- *Bent County
- Boulder County
- Broomfield County
- *Chaffee County
- *Cheyenne County
- Clear Creek County
- *Conejos County
- *Costilla County
- *Crowley County
- *Custer County
- *Delta County
- Denver County
- Dolores County
- Douglas County
- Eagle County
- Elbert County
- El Paso County
- *Fremont County
- Garfield County
- Gilpin County
- Grand County
- Gunnison County
- *Hinsdale County
- *Huerfano County
- *Jackson County
- Jefferson County
- Kiowa County
- *Kit Carson County
- *Lake County
- La Plata County
- Larimer County
- *Las Animas County
- *Lincoln County
- Logan County
- Mesa County
- *Mineral County
- Moffat County
- Montezuma County
- Montrose County
- *Morgan County
- *Otero County
- Ouray County
- Park County
- *Phillips County
- *Pitkin County
- *Prowers County
- Pueblo County
- Rio Blanco County
- Rio Grande County
- Routt County
- Saguache County
- *San Juan County
- San Miguel County
- *Sedgwick County
- Summit County
- Teller County
- *Washington County
- Weld County
- *Yuma County
Other important construction links in Colorado
- Colorado Mechanics Lien Statutes
- Colorado Secretary of State Business Database
- Colorado State Judicial Branch - Court Forms
- Colorado Department of Regulatory Agencies - Contractors
- Denver County Recorder (for lien filings in Denver)
- Colorado Contractors Association
- Associated General Contractors (AGC) of Colorado
- Occupational Safety and Health Administration (OSHA) Denver Area Office
- Colorado Department of Transportation - Contractor Resources
Check out this ‘X’ list for Colorado created by Prelien Pro!
Frequently asked questions (FAQs) on Colorado lien processes for contractors
Is a preliminary notice required at the start of a Colorado project?
No traditional start-of-project preliminary notice is required, but a Notice of Intent to Lien is typically required 10 days before filing.
How long do I have to file a mechanic’s lien in Colorado?
Most claimants have 4 months after last furnishing labor or materials; some labor-only claims have shorter windows.
Do I need to serve the owner before filing in Colorado?
Yes. Serve Notice of Intent with a copy of intended lien statement at least 10 days before recording.
Can a material supplier file a lien in Colorado?
Yes, when statutory notice and filing requirements are met.
Is a bond claim the same as a mechanic’s lien in Colorado?
No. Public projects typically use bond claims rather than property liens.
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