Colorado Mechanic’s Lien on Property

In Colorado, any person or company that performs work or furnishes materials used in the construction, alteration or improvement of any home, structure or property may be entitled to a mechanic’s lien under C.R.S. §38-22-101. However, Colorado requires strict compliance with the statute to enforce the lien. A Notice of Intent to File Lien Statement before the lien is filed must be served on the property owner; the lien statement must contain specific information as provided by Colorado statutes; and an affidavit of service must be included. Generally, the lien must be recorded within 4-months of the completion of the project or the last date of provision of labor or materials and a civil action must be initiated within 6-months to foreclose on the lien (there are some exceptions to this timeline).

While Colorado has a “spurious” lien statute that allows for a quick procedure and the award of prevailing party attorney’s fees for certain “spurious” documents that cloud the title to property, the statute does not apply to a general mechanic’s lien. The Colorado Court of Appeals has held that a general mechanic’s lien cannot be attacked under the “spurious” lien statute but rather the proper procedure is an action to quiet title.[1]

Of course, if a mechanic’s lien is not available because the time has expired to do so, this doesn’t prevent a lawsuit for breach of contract as long as it’s brought within the timeframe provided by the statute of limitations (generally, 3-years in Colorado with some exceptions). Thereafter, a judgment in the lawsuit may be used to record a lis pendens on the property.

[1]Tuscany, LLC v. Western States Excavating Pipe & Boring, LLC, 128 P.3d 274, 279 (Colo. App. 2005),