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Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Colorado

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Colorado

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 codeColo. Rev. Stat. §§ 38-22-101 et seq.
Prelien required for private / commercial projectsNo, but may be beneficial
Prelien required for public projectsNo
CO statutory reliefFull price
Lien milestone eventLast furnishing / last invoice
Lien enforcement deadline120 to 180 days
Waivable lien rightsYes
Supplier to supplier rightsLikely no
Prelien document name(s)Notice to Owner, Disburser Notice
Prelien minimum informationCopy of lien statement to be filed, including legal property description, amount claimed, owner name, and related parties.
Prelien minimum notificationsOwner (mandatory), prime contractor (if not claimant)
Prelien recording requirementNo
Prelien notarizedNo

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.

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.

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.

Other important construction links in Colorado

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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