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Colorado Statement of Mechanics Lien Form (for GCs) Form

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Colorado Statement of Mechanics Lien Form (for GCs) Form
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Get help filing your Colorado Mechanics Lien

A mechanics lien is a very effective tool to help contractors get paid for their work. This Colorado Statement of Mechanics Lien Form is for General Contractors (Prime Contractors) who have not been paid for services, labor, materials, equipment, or other construction services performed on a job.

If you’re looking to file a Colorado mechanics lien, there are two general requirements:

  1. Contractors must file a Notice of Intent to Lien 10 days before filing the lien. An affidavit proving the Notice of Intent to lien was sent to the property owner must also be included when filing a lien with the County Recorder. Not sending a Notice of Intent Lien may mean an invalid lien.
  2. The mechanics lien must be filed within 120 days of last delivering labor or materials. If only labor was performed on the job (and not materials) a general contractor has 2 months to file a mechanics lien in Colorado.

This form meets the requirements set forth in at Colorado Revised Statutes, §38-22-101 through §38-22-133 as enacted by the Colorado legislature.

Not a General Contractor? Use a different mechanics lien form

Colorado is one of the few states that has a specific Statement of Mechanics Lien form for General Contractors and another form for subcontractors. Not using the correct mechanics lien form may mean a rejected lien from the County Recorder or an invalid lien if challenged in court.

If you’re a subcontractor and looking for a mechanics lien form you can use in Colorado, you need to use a different lien form.

Download the Colorado Mechanics Lien Form for Subcontractors & Suppliers

 

Rules and regulations for sending a Colorado Mechanics Lien

Deadline for Property Owner / Public Entity to send the Colorado Mechanics Lien
0 days after
Last Furnishing Date

Contractors have 4 months from the last furnishing of labor, materials and/or services to file their Statement of Lien. This 4 months period has expired, and its time to file the Lien. YOU MAY IGNORE THIS DEADLINE IF YOU FILED A NOTICE TO EXTEND TIME IN WHICH TO FILE A LIEN

Information that goes on Colorado Mechanics Lien
Amount of Your Lien Claim
Identify the total amount of your lien claim. This should be the total amount owed to you, after applying all credits, for labor and/or materials furnished to the project.
Mail Tracking Number for Notice of Intent to Lien Sent to Property Owner (if known)
Please enter the Mail Tracking Number for Notice of Intent to Lien Sent to Property Owner (if known)
Mail Tracking Number for Notice of Intent to Lien Sent to Prime Contractor (if known)
Please enter the Mail Tracking Number for Notice of Intent to Lien Sent to Prime Contractor (if known)
Mail Tracking Number for Notice of Intent to Lien Sent to Hiring Party (if known)
Please enter the Mail Tracking Number for Notice of Intent to Lien Sent to Hiring Party (if known)
Description of Labor
Brief Description of Labor/Material Provided
Who should you send this notice to?
Mail to the Property Owner / Public Entity with Affidavit of Service

After completing the Colorado Statement of Mechanics Lien Form (for GCs) Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.

Others are asking about Colorado Mechanics Lien

What is the next legal step after fileing a lein.
Once a Colorado mechanics lien has been filed, it will only be valid for a period of 6 months from the project completion, or the claimant's last day of furnishing; whichever is later. If no action is taken on the claim within that 6-month period, it will expire and no longer be enforceable. "Enforcing" a mechanics lien is a lawsuit to get a judgment lien against the property. The owner can choose to pay or the courts can force the foreclosure of the property and use the proceeds to pay off any mortgages, liens, and other encumbrances. Typically, mechanics lien claims are paid before an enforcement action is necessary, but not always. Before contacting a CO attorney, determining if foreclosure is worth it, and filing the action, there is one more step you can take that is fairly effective at inducing payment. You can send a Notice of Intent to Foreclose. This is a voluntary letter stating that you have a mechanics lien claim filed, and if money isn't forthcoming within x amount of days, you are ready and willing to enforce your lien rights in court. Good luck!
Answered by Alex Benarroche | Legal Associate
What happens if I file a mechanics lien for money I feel I am owed if the lien doesn’t follow Colorado State Statutes?
Filing a Colorado mechanics lien lacking the required written contract may not amount to a spurious or fraudulent lien claim, but it would essentially be a waste of time and money. If filed, the claim will easily be challenged and requested to be removed by the owner. If the claim isn't released, the owner can petition the court for the removal. This would likely result in you ending up on the hook for attorney fees and court costs associated with the petition, along with any actual damages incurred by the owner. Furthermore, if they can prove you knowingly filed a baseless lien claim, there's the possibility of additional penalties imposed.
Answered by Alex Benarroche | Legal Associate
Is it time to file the lien?
Deciding when to file a mechanics lien can be tricky. As you likely know, priority number 1 should always be to remain within the deadline for filing a lien and complying with the relevant notice requirements (like Colorado's Notice of Intent to Lien requirement). If you've complied with the Notice of Intent requirement, and if you haven't hit your mechanics lien deadline, then you could really file a mechanics lien whenever you'd like. So, at that point, it becomes a business decision. Many businesses take their relationships with the customer, the GC, and the owner into account. Further, before filing a claim, it's common to notify the other stakeholders with another warning - something like a second Notice of Intent, a phone call, certified letters, etc. But, if it looks like no one is going to make payment, it's generally a better idea to go ahead and get the lien filed before the deadline becomes an issue. Though, if the deadline is far away, there's obviously more time to potentially negotiate payment and put pressure on the other participants. I hope this was helpful. For further discussion on CO lien claims: Colorado Mechanics Lien Laws: Guide and FAQs.
Answered by Matthew Viator | Senior Legal Associate

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Colorado County Recorders

Looking to file/record a mechanics lien in Colorado? You'll need to get your Colorado mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Colorado. Click on any county to find more information about how to get your lien recorded in that county.

Adams
E-filing
Adams County Clerk and Recorder's Office
4430 S. Adams Parkway, Suite E2400
Brighton, CO 80601
Phone: 720-523-6020
Arapahoe
E-filing
Arapahoe County Clerk and Recorder's Office
5334 S. Prince St.
Littleton, CO 80120
Phone: 303-795-4200
Fax: 303-794-4625
Baca
E-filing
Baca County Clerk and Recorder
741 Main St
Springfield, Colorado 81073
Phone: (719) 523-4372
Boulder
E-filing
Boulder County Clerk and Recorder
1750 33rd Street, Suite 201
Boulder, CO 80301
Phone: 303-413-7770
Clear Creek
E-filing
Clear Creek County Clerk and Recorder
405 Argentine St.
Georgetown, Colorado 80444
Phone: 303-679-2340
Denver
E-filing
Denver County Clerk and Recorder's Office
201 W. Colfax Avenue, Dept. 101
Denver, CO 80202
Phone: 720-865-8400
Douglas
E-filing
Douglas County Clerk and Recorder
301 Wilcox St.
Castle Rock, CO 80104
Phone: (303) 660-7446
Fax: 303-814-2776
El Paso
E-filing
El Paso County Clerk and Recorder's Office
1675 W Garden of the Gods
Colorado Springs, CO 80907
Phone: 719-520-6200
Fremont
E-filing
Fremont County Clerk and Recorder
615 Macon Ave. Room 102
Cañon City, Colorado 81212
Phone: (719) 276-7330
Jefferson
E-filing
Jefferson County Clerk and Recorder's Office
100 Jefferson County Parkway, Ste. 2560
Golden, CO 80419
Phone: 303-271-8121
Larimer
E-filing
Larimer County Clerk and Recorder
200 W. Oak Street, First Floor
Fort Collins, CO 80521
Phone: (970) 498-7860
Fax: (970) 498-7906
Moffat
E-filing
Moffat County Clerk and Recorder
221 W. Victory Way. Ste. 200
Craig, Colorado 81625
Phone: (970) 824-9119
Pueblo
E-filing
Pueblo County Clerk and Recorder's Office
215 W. 10th St Attn: Recording
Pueblo, CO 81003
Phone: (719) 583-6507
Fax: (719) 583-4894
Teller
E-filing
Teller County Clerk and Recorder
101 W Bennett Ave
Cripple Creek, Colorado 80813
Phone: (719) 689-2951
Weld
E-filing
Weld County Clerk and Recorder's Office
1402 N. 17th Ave
PO Box 459
Greeley, CO 80632
Phone: (970) 304-6530
Fax: (970) 353-1964