Construction Liens in Colorado
Contents
Overview
Sources
Colo. Rev. Stat. §§ 38-22-101 et seq.
Authorized Claimants
Every person who furnishes or supplies laborers, machinery, tools, or equipment in the prosecution of the work, and mechanics, materialmen, contractors, subcontractors, builders, and all persons of every class performing labor upon or furnishing directly to the owner or persons furnishing labor, laborers, or materials to be used in construction of any building, mill, bridge, ditch, flume, aqueduct, reservoir, tunnel, fence, railroad, wagon road, tramway, or any other structure or improvement upon land shall have a lien upon the property (C.R.S 38-22-101)
Lien Priority
All liens shall relate back to the time of the commencement of work under the contract between the owner and the first contractor, or, if said contract is not in writing, then such liens shall relate back to and take effect as of the time of the commencement of the work upon the structure or improvement, and shall have priority over any lien or encumbrance subsequently intervening, or which may have been created prior thereto but which was not then recorded (C.R.S.38-22-106)
Notices and Registries
Filing Deadlines
Subject to the prior termination of the lien under the provisions of section 38-22-110, no lien claimed by virtue of this article shall hold the property, or remain effective longer than one year from the filing of such lien (C.R.S. 38-22-109)
Enforcement Deadlines
No lien claimed against the owner of the property 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 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 (C.R.S. 38-22-110)
