Lien On Me: 3 Steps to Filing Your Mechanic's Lien
In the construction world, delays in payment are unfortunately common. You might complete your work on time, deliver quality results, and still find yourself waiting—sometimes indefinitely—for compensation. Whether you're a general contractor, subcontractor, material supplier, or design professional, unpaid work on a project can threaten your cash flow and create real financial risk.
Fortunately, Colorado law provides a strong legal remedy: the mechanic’s lien. This powerful tool allows construction professionals to secure payment by placing a lien on the property where the work was performed. But Colorado strictly regulates mechanic’s liens, and missing even one step can invalidate your claim.
If you haven’t been paid for your work, this blog discuss are the three critical steps you must follow to properly file a mechanic’s lien in Colorado.
What is a Mechanic’s Lien?
Mechanic’s liens are devices that allow an unpaid contractor to record a lien (a security interest) on the property which the contractor worked on without being paid.
A mechanic’s lien is a lien granted by Colorado statute to any person who supplies labor, materials, equipment, machinery, or services that enhance the value of the property. Under Colorado law, the right to a mechanic’s lien arises at the beginning of the work. The moment that a contract is executed with any of these professionals is when the work begins. Thus, the beginning of work can reach back as far as when the property owner hires professionals to assist in the design of the project.
There are two different kinds of liens. A Section 101 lien is one that a construction professional files if the work was commissioned directly by the property owner. In contrast, a Section 105 lien is the lien a construction professional files if the work was commissioned by a renting tenant.
What Does a Mechanic’s Lien Entitle You to Collect?
As a contractor, you can claim a mechanic’s lien for the entire contract price of the project. You are also entitled to receive interest at the rate specified in the contract, or in the absence of an agreed rate of interest, at the rate of 12% per annum. However, you cannot file a statement of lien for more than is due.
How Do You File a Mechanic’s Lien?
Lien claimants in Colorado must follow three steps to record a mechanic’s lien. They must fill out the appropriate mechanic’s lien form, send a Notice of Intent to Lien to the property owner, and file the Lien Claim with the county clerk. If you’re a property owner, read our blog Lawful Lienor?: How to Protect Your Property After Receiving a Notice of Intent to Lien for more information.
Step 1: Serve a Notice of Intent to Lien
Before you file your lien, Colorado law requires that you serve a Notice of Intent to Lien on the property owner. If you’re a subcontractor or supplier, you should also send it to the general contractor. This notice must be served at least 10 days before you record the lien.
Service must be done properly—either by personal delivery or by certified mail with return receipt requested—and sent to the last known address of the owner. This step gives the owner a chance to resolve the payment issue before a lien appears on their title. It’s a non-negotiable requirement: if the notice isn’t sent or sent improperly, your lien will be legally invalid.
Step 2: Record the Lien Statement with the County
Once the 10-day notice period has passed, you can record your Lien Statement with the clerk and recorder’s office in the county where the property is located. This document must be notarized and include all required elements:
The name and address of the lien claimant
The name of the property owner (or a statement if unknown)
The amount due
A description of the work performed or materials supplied
The claimant’s role (contractor, subcontractor, laborer, etc.)
A description of the property sufficient for identification—ideally including both the legal description and the street address
You must also record an affidavit of service verifying that the Notice of Intent was properly delivered. Failure to include this affidavit can void the entire lien.
Be mindful of your filing deadline. If you supplied labor only, you typically have two months from the last date of work to file. For contractors, suppliers, and others, the deadline is generally four months. On certain residential projects, deadlines may be shortened. It’s essential to calculate your time frame correctly.
Step 3: Enforce the Lien in Court (If Necessary)
Filing the lien is a powerful step—but it’s not the end. If the lien doesn’t prompt payment, you must enforce it through a foreclosure lawsuit. You have six months from the last date of work, last delivery of materials, or project completion—whichever comes last—to file this lawsuit. If you miss that six-month window, your lien automatically expires and can no longer be enforced.
Once you’ve been paid, Colorado law requires you to file a satisfaction of lien within 10 days of receiving a written request from the property owner. If you fail to do so, you may face daily financial penalties until the lien is released.
Additional Considerations for Colorado Mechanic’s Liens
Colorado’s mechanic’s lien laws contain several unique features that can impact both your lien rights and how your lien is treated in court.
First, a mechanic’s lien in Colorado has what’s known as relation-back priority. This means your lien takes priority not from the date you record it, but from the date work on the project first commenced—even if that work was performed by someone else. Commencement isn’t limited to physical labor. It includes initial services like architectural design, surveying, and engineering. So, even if you’re one of the last professionals on-site, your lien can still take precedence over mortgages or other encumbrances filed after the project began.
This early attachment of lien rights—sometimes called a secret lien—is what gives Colorado’s mechanic’s lien statute such strong teeth. Other states require advance filing of notice documents to trigger lien rights. Colorado does not. You gain lien rights from the day qualifying work begins, whether that’s laying foundation or drafting blueprints.
Second, not all work qualifies for a lien. Routine maintenance, janitorial services, and general cleaning do not qualify. Also, suppliers to suppliers are excluded. But if you provide labor, materials, equipment, or specially fabricated goods to the project directly—or through a contractor—you likely qualify.
Colorado also allows you to amend your lien if needed, as long as you remain within the original filing deadline. If you’re correcting a name or property description, you may need to re-serve a new Notice of Intent. However, simple changes in the amount claimed typically do not require a new notice.
Lastly, once your lien is resolved and payment is received, you are legally obligated to clear the lien promptly. If the property owner makes a written request, and you do not file a satisfaction of lien within 10 days, you may be penalized $10 per day.
How GLO Can Help
At Geraghty Law Office, we help construction professionals take swift, strategic action when payment delays threaten their bottom line. From serving a Notice of Intent to properly filing and enforcing a mechanic’s lien, we guide contractors, subcontractors, suppliers, and design professionals through every step of the process—ensuring strict compliance with Colorado’s technical requirements and deadlines. To see how GLO can help with your Mechanic’s Liens issues, visit Mechanic’s Liens in Colorado.
Whether you're filing your first lien, navigating a payment dispute, or seeking to enforce a lien in court, GLO offers practical, results-focused legal support to protect your right to get paid.
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GLO has prepared this blog to provide general information on legal issues that may be of interest. This blog does not provide legal advice for any specific situation and this does not create an attorney-client relationship between any reader and GLO or its attorneys. GLO engages clients only through specific signed fee agreements. GLO does not guarantee any results.
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