Can You File a Mechanics' Lien in Colorado Without a Written Contract?
It happens more often than most people realize: a contractor starts work based on a handshake, a text message, or a verbal agreement. Maybe it’s a small remodeling job. Maybe the homeowner wanted work done quickly and didn’t want to wait for paperwork. Or maybe the relationship began informally—“Come take a look and fix what you can”—and the scope grew from there.
Then something changes. Payment stalls, communication drops off, or a dispute erupts over the quality or extent of the work. And suddenly the contractor wants to file a mechanic’s lien, while the homeowner insists no written contract exists and therefore no lien should be allowed.
The question—Can you file a mechanic’s lien in Colorado without a written contract?—comes up constantly, and understandably so. For many people, a lien feels like a formal claim that should require formal paperwork.
But Colorado’s mechanic’s lien statute doesn’t actually look for a written contract. Instead, it looks for proof that someone improved the property and was authorized to do so. That distinction matters far more than whether the parties ever signed a set of documents.
If you’re a homeowner trying to understand lien rights more broadly, our Colorado Mechanic’s Lien Guide for Homeowners offers the big-picture view. This article digs into a narrower question: how lien rights operate when the agreement wasn’t in writing.
Colorado’s Lien Statute Doesn’t Require a Written Contract
Colorado’s mechanic’s lien law, found at C.R.S. § 38-22-101, grants lien rights to anyone who furnishes labor, materials, equipment, or professional services that improve the property at the owner’s request or with the owner’s authorization.
Notice what the statute does not say. It does not require:
a written contract,
a signed agreement,
a detailed scope of work,
formal change orders, or
a paper trail confirming every stage of the project.
Instead, lien rights arise from actual improvement of the property, not from the formality of the agreement. If you performed work that contributed to the improvement of someone’s property—and you were authorized to do so—you may have lien rights even if you never signed a contract.
But Absence of a Written Contract Creates Other Challenges
While a written contract is not required, not having one introduces a host of complications. The most significant is proving the terms of the agreement, including what work was authorized, what compensation was promised, and whether the owner requested or consented to the improvements.
In lien disputes involving unwritten agreements, courts often examine:
communications between the parties (texts, emails, voicemail messages),
invoices or estimates discussed during the project,
evidence of the contractor’s presence on the property,
receipts for materials actually used in the improvement,
the owner’s awareness of the work, and
the nature of the improvements themselves.
The absence of a written contract does not eliminate lien rights, but it does make the evidentiary burden higher—especially when the homeowner disputes the scope, quality, or price of the work.
Authorization Matters More Than Paperwork
Colorado courts focus heavily on whether the work was authorized. Even if the contractor improved the property, lien rights may not attach if the work was unauthorized or unsolicited.
For example:
If a contractor performs additional work the owner never approved, those charges may not be lienable.
If someone improves property based on a misunderstanding or without direct owner consent, lien rights may be limited or nonexistent.
If a subcontractor is hired by someone without authority to bind the owner or general contractor, that subcontractor’s lien may be vulnerable unless the owner benefited from the improvement with reasonable knowledge of it.
This is why authorization is always the first question I ask when a contractor wants to file a lien without a written contract. If the owner neither signed a contract nor explicitly approved the work, lien eligibility becomes more complicated.
How Payment Disputes Emerge Without Written Agreements
When the agreement is verbal, the typical disputes often revolve around:
the agreed scope of work,
whether additional work constituted change orders,
the agreed price or rate,
when payment was due, or
whether part of the work was done to remedy prior defects.
And because lien rights only apply to lienable amounts—that is, labor, materials, or equipment that actually improved the property—any misunderstanding about scope or value directly affects the lien claim.
Our article How Much Can a Contractor Claim in a Colorado Mechanic’s Lien? explains these limitations and why inflated claims can expose contractors to significant risk, including slander of title.
The Notice of Intent Becomes Even More Important
When the contract isn’t written, the Notice of Intent to Lien often plays an even more important role. This 10-day notice gives the homeowner a clear explanation of the claimed amount and the basis for it—sometimes the first time the dispute has been put in writing at all.
It’s also the stage where many disputes settle. Homeowners who were confused or unaware of certain charges now see the claim spelled out. Contractors who had difficulty getting the owner’s attention finally get a response.
If you haven’t reviewed the process recently, our article The Colorado Notice of Intent to File a Mechanic’s Lien explains how this step shapes the dispute.
Lien Filing Still Requires Strict Compliance
Even if no written contract exists, the contractor must still comply with all statutory requirements for filing a lien:
preparing a detailed lien statement,
including a correct legal property description,
filing within the four-month deadline, and
signing and notarizing the lien statement correctly.
These requirements are found in C.R.S. § 38-22-109, and they are strictly enforced. No court will excuse noncompliance simply because the agreement was unwritten.
If you need a deeper overview of the lien statement itself, you may find our article What Documents Must Be Included in a Colorado Mechanic’s Lien Claim? helpful.
Whether You Are a Contractor or Homeowner, Evidence Is Everything
In disputes involving unwritten agreements, the resolution almost always comes down to evidence. Did the contractor improve the property? Were they authorized to do so? Is the amount claimed tied to actual labor and materials? Can both sides show what was agreed?
A written contract simplifies all of this. But the absence of one does not eliminate lien rights. It simply requires both sides to rely on the practical history of their interactions rather than a single document.
If you’re evaluating lien rights without a written contract—or if someone filed a lien against you based on a verbal agreement—we regularly represent both contractors and homeowners throughout Colorado. And for a broader understanding of the entire process, our Colorado Mechanic’s Lien Guide for Homeowners remains the best starting point.
The information provided on this website is for general informational purposes only and should not be construed as legal advice or legal opinion. You should not act or refrain from acting on the basis of any information provided on this website without seeking legal advice from an attorney.