Home>Levelset Community>Legal Help>As a subcontractor providing only labor services in Colorado do you have 2 months to file your lien from the last date of service or from the time of building completion? The law and an article and your FAQ are inconsistent with this answer
As a subcontractor providing only labor services in Colorado do you have 2 months to file your lien from the last date of service or from the time of building completion? The law and an article and your FAQ are inconsistent with this answer
Subcontractor -- filing a lien for only labor services in Colorado. When do I need to file the lien?
1 reply
Oct 4, 2018
Under CRS § 38-22-109(5), the general deadline to file a lien is 4 months after the last day when labor and/or materials were furnished. However, there is an exception to this general rule for specific parties.
Under CRS CRS § 38-22-109(4), lien claims that are made "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."
Put in simpler terms: lien claims made by laborers that do not furnish any materials must be made after the laborer's last furnishing, but before 2 months after the completion of the project. Of course, keep in mind that a Notice of Intent to Lien must be given to the owner at least 10 full days prior to the filing a Colorado lien. Because the deadline to file a lien will not be extended by the Notice of Intent to Lien, this may require some planning.