Lien deadlines · Colorado

Colorado mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

Colorado lien filing for direct contractors, subcontractors, sub-subcontractors and suppliers: 4 months after the day on which the last labor is performed or the last laborers or materials are furnished by the lien claimant (C.R.S. § 38-22-109(5)). For labor and work by the day or piece, without furnishing laborers or materials, the lien filing rule is in § 38-22-109(4). The deadline to sue is in § 38-22-110.

Colorado · Lien deadlinesVerified 2026-10-02
Lien filing
4 months after the day on which the last labor is performed or the last laborers or materials are furnished by the lien claimant
Direct contractor, Subcontractor, Sub-subcontractor, Supplier
Preliminary notice
None required
Deadline to sue
Six months after the last work or labor is performed, or laborers or materials are furnished, or after the completion of the building, structure, or other improvement, or the completion of the alteration, addition to, or repair thereof, as section 38-22-109 prescribes

Preliminary notice

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultNone requiredStatute: C.R.S. § 38-22-109(3)
In order to preserve any lien for work performed or laborers or materials furnished, there must be a notice of intent to file a lien statement served upon the owner or reputed owner of the property or the owner's agent and the principal or prime contractor or his or her agent at least ten days before the time of filing the lien statement with the county clerk and recorder.
C.R.S. § 38-22-109(3) · Archived copy of the official text, captured 2026-09-26

Notice of intent

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultAt least ten days before the time of filing the lien statement with the county clerk and recorderStatute: C.R.S. § 38-22-109(3)
What the statute says about it. The notice is required in order to preserve any lien for work performed or laborers or materials furnished. Recipients: The owner or reputed owner of the property or the owner's agent; The principal or prime contractor or his or her agent. Delivery: By personal service or by registered or certified mail, return receipt requested, addressed to the last-known address; an affidavit of the service or mailing is filed for record with the lien statement.
In order to preserve any lien for work performed or laborers or materials furnished, there must be a notice of intent to file a lien statement served upon the owner or reputed owner of the property or the owner's agent and the principal or prime contractor or his or her agent at least ten days before the time of filing the lien statement with the county clerk and recorder.
C.R.S. § 38-22-109(3) · Archived copy of the official text, captured 2026-09-26
Such notice of intent shall be served by personal service or by registered or certified mail, return receipt requested, addressed to the last-known address of such persons, and an affidavit of such service or mailing at least ten days before filing of the lien statement with the county clerk and recorder shall be filed for record with said statement and shall constitute proof of such service.
C.R.S. § 38-22-109(3) · Archived copy of the official text, captured 2026-09-26

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, SupplierAnyDefault4 months after the day on which the last labor is performed or the last laborers or materials are furnished by the lien claimantStatute: C.R.S. § 38-22-109(5)
LaborerAnyFor labor and work by the day or piece, without furnishing laborers or materials2 months after the completion of the building, structure, or other improvementStatute: C.R.S. § 38-22-109(4)
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyWhere the claimant files a notice under subsection (10) within the time in subsections (4) and (5)Four months after completion of the structure or other improvement or six months after the date of filing of the notice, whichever occurs firstStatute: C.R.S. § 38-22-109(10)
(5) Except as provided in subsections (10) and (11) of this section, the lien statements of all other lien claimants must be filed for record at any time before the expiration of four months after the day on which the last labor is performed or the last laborers or materials are furnished by such lien claimant.
C.R.S. § 38-22-109(5) · Archived copy of the official text, captured 2026-09-26
All such lien statements claimed for labor and work by the day or piece, but without furnishing laborers or materials therefor, must be filed for record after the last labor for which the lien claimed has been performed and at any time before the expiration of two months next after the completion of the building, structure, or other improvement.
C.R.S. § 38-22-109(4) · Archived copy of the official text, captured 2026-09-26
(10) Within the applicable time period provided in subsections (4) and (5) of this section and subject to the provisions of section 38-22-125, any lien claimant granted a lien pursuant to section 38-22-101 may file with the county clerk and recorder of the county in which the real property is situated a notice stating the legal description or address or such other description as will identify the real property; the name of the person with whom he has contracted; and the claimant's name, address, and telephone number.
C.R.S. § 38-22-109(10) · Archived copy of the official text, captured 2026-09-26
The filing of said notice shall serve as notice that said person may thereafter file a lien statement and shall extend the time for filing of the mechanic's lien statement to four months after completion of the structure or other improvement or six months after the date of filing of said notice, whichever occurs first.
C.R.S. § 38-22-109(10) · Archived copy of the official text, captured 2026-09-26

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultSix months after the last work or labor is performed, or laborers or materials are furnished, or after the completion of the building, structure, or other improvement, or the completion of the alteration, addition to, or repair thereof, as section 38-22-109 prescribesStatute: C.R.S. § 38-22-110
What the statute says about it. The lien does not hold the property longer than that unless an action to enforce it has been commenced, and a notice that the action has been commenced is filed for record, within that time.
No lien claimed by virtue of this article, as against the owner of the property or as against one primarily liable for the debt upon
C.R.S. § 38-22-110 · Archived copy of the official text, captured 2026-09-26
which the lien is based or as against anyone who is neither the owner of the property nor one primarily liable for such debt, shall hold the property longer than six months after the last work or labor is performed, or laborers or materials are furnished, or after the completion of the building, structure, or other improvement, or the completion of the alteration, addition to, or repair thereof, as prescribed in section 38-22-109, unless an action has been commenced within that time to enforce the same, and unless also a notice stating that such action has been commenced is filed for record within that time in the office of the county clerk and recorder of the county in which said property is situate.
C.R.S. § 38-22-110 · Archived copy of the official text, captured 2026-09-26

Notice of commencement and completion

For these time limits, abandonment of all labor, work, services, and furnishing of laborers or materials on an unfinished contract or improvement counts as completion, and abandonment means their discontinuance for a three-month period.

For the purposes of this section, abandonment of all labor, work, services, and furnishing of laborers or materials under any unfinished contract or upon any unfinished building, improvement, or structure, or the alteration, addition to, or repair thereof, shall be deemed equivalent to a completion thereof.
C.R.S. § 38-22-109(7) · Archived copy of the official text, captured 2026-09-26
For the purposes of this section, "abandonment" means discontinuance of all labor, work, services, and furnishing of laborers or materials for a three-month period.
C.R.S. § 38-22-109(7) · Archived copy of the official text, captured 2026-09-26

Who the deadlines apply to

Each Colorado rule on this page is written for any project type. None is limited to residential work or to work other than residential, so the sorting that does happen is by role and by condition.

The roles split at one stage only. The preliminary notice row reads None required for direct contractors, subcontractors, sub-subcontractors, suppliers and laborers alike [1]. The notice of intent, the deadline to sue and the filing rule tied to a subsection (10) notice also name all five roles.

At the lien filing stage, the default rule names direct contractors, subcontractors, sub-subcontractors and suppliers. Laborers appear in a separate filing rule with its own condition, described below.

How the periods run

Before the lien statement. The notice of intent rule reads At least ten days before the time of filing the lien statement with the county clerk and recorder [1]. The statute requires the notice in order to preserve any lien for work performed or laborers or materials furnished [1]. The page lists its two recipients and the delivery methods under the table. Because the period is counted back from the filing, the calculator gives no date for it.

Filing the lien statement. The default filing period runs from the lien claimant's own last labor or last furnishing of laborers or materials: 4 months after the day on which the last labor is performed or the last laborers or materials are furnished by the lien claimant [1].

For labor and work by the day or piece, without furnishing laborers or materials, a different rule applies, and it names laborers. Its period runs from completion rather than from the claimant's own last labor: 2 months after the completion of the building, structure, or other improvement [1].

A third filing rule depends on a notice the claimant files. Where the claimant files a notice under subsection (10) within the time in subsections (4) and (5), the period becomes Four months after completion of the structure or other improvement or six months after the date of filing of the notice, whichever occurs first [1]. The date that notice is filed is not one of the calculator's inputs, so it counts no date for this rule.

Suing to enforce. Section 38-22-110 sets the last stage as Six months after the last work or labor is performed, or laborers or materials are furnished, or after the completion of the building, structure, or other improvement, or the completion of the alteration, addition to, or repair thereof, as section 38-22-109 prescribes [1]. The statute states what follows from that period: the lien does not hold the property longer unless, within that time, an action to enforce it is commenced and a notice that the action has been commenced is filed for record [1]. The calculator shows this rule's wording in place of a date.

Abandonment and completion

Two of the filing periods above refer to completion. Section 38-22-109(7) treats abandonment of all labor, work, services and furnishing of laborers or materials on an unfinished contract or improvement as the equivalent of completion for these time limits [1]. Abandonment there means that all of it stops for a three-month period [1].

What changed recently

Sections 38-22-109 and 38-22-110 were last amended by L. 2000, pp. 209 and 210, effective August 2, 2000 [1]. The text quoted on this page is the Colorado Revised Statutes 2024 [1].

Related

Lien deadlines: other states

Sources

  1. Colorado Revised Statutes 2024, title 38, Colorado General Assembly (archived copy, captured 2026-09-26)

Changelog

  1. : Page published.
  2. : 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
  3. : Dataset first published: 9 of 51 jurisdictions published.