How Long Does a Contractor Have to File a Mechanics' Lien in Colorado?
Every mechanic’s lien dispute has a turning point—a moment when the homeowner realizes the situation is no longer a simple disagreement about workmanship or payment. Often that moment arrives when a contractor sends a message like, “If you don’t pay, I’m filing a lien.” It’s frustrating, unsettling, and almost always unexpected.
Most homeowners think the contractor can file a lien whenever they want. But Colorado law imposes strict timelines, and contractors routinely miss them. Once the filing window closes, the lien right disappears entirely. That is why understanding when the clock starts and stops is one of the most powerful tools a homeowner has.
This narrative will walk you through how these deadlines work, why they matter, and what your options are if a contractor files—or threatens to file—a lien outside the statutory period.
For a broader foundation, see your main lien explainer: Understanding Mechanic’s Liens in Colorado.
The Work Must Actually Be Happening for the Deadline to Stay Open
Colorado’s lien statute, C.R.S. § 38-22-109, sets a clear rule: a contractor must record a lien within four months after they last furnished labor or materials to the project.
In practice, this requirement is often misunderstood. Contractors sometimes insist that the “last date of work” was much later than it truly was, pointing to administrative tasks, phone calls, or even text messages to extend the deadline. But Colorado courts require actual, physical labor or material delivery—work that genuinely improves the property.
If the tools have been packed up, no materials have arrived, and no one has touched the project in months, the deadline is almost certainly running or already expired.
When a Contractor Walks Off the Job: Abandonment Starts the Clock
The law recognizes that not all projects end cleanly. Contractors sometimes leave abruptly, stop responding, or claim they will return “next week” even as weeks stretch into months. Homeowners are often told, “We’re still on the job,” when in reality nothing is happening.
Colorado addresses this scenario directly: if a contractor has discontinued all labor, work, or materials for three months, the project is deemed abandoned.
And when abandonment is established, the law treats that date as the project’s completion, which means the four-month deadline begins immediately.
This is why our separate article, Can a Contractor File a Mechanic’s Lien After Abandoning the Job?, is such a critical companion piece. Many lien disputes begin not with a completed project, but with a contractor walking away.
The Notice of Intent to Lien: A Required Step That Doesn’t Extend the Deadline
Before a contractor may record a mechanic’s lien, they must serve a Notice of Intent to Lien at least 10 days beforehand.
But there is a misconception that this notice extends or resets the four-month deadline. It does not.
A contractor who serves a Notice of Intent after the deadline has already passed cannot revive their lien rights. The clock continues to run regardless of when the notice is mailed or delivered.
Subcontractors Face the Same Deadline—But With More Complications
Subcontractors must also record a lien within four months of their last labor or material. But because subcontractors often complete their portion much earlier than the general contractor, their filing window may close long before the homeowner expects.
This leads to situations where:
the general contractor insists the lien is timely
the subcontractor’s actual deadline expired months earlier
the homeowner feels caught in the middle
Understanding the true last date of labor is essential.
Why the Deadline Matters So Much: It’s Strict, Not Flexible
Courts in Colorado do not bend lien deadlines. A lien filed one day late is invalid, and invalid liens clouding title may expose the contractor to penalties under the wrongful lien statute, C.R.S. § 38-22-128.
Homeowners regularly succeed in removing liens for:
misrepresenting the last day of work
filing after months of inactivity
performing sham “work” to reset the clock
failing to serve a timely Notice of Intent
filing outside the statutory four-month window
Even a seemingly minor error can deprive the contractor of lien rights entirely.
How a Homeowner Can Use the Timeline to Defend Against a Lien
When a contractor threatens or files a lien, one of the first steps is reconstructing the timeline:
When was the last day of real work?
Were permits open or inspections active, or was the project dormant?
Did the contractor actually return, or only claim they would?
Were three months of inactivity enough to establish abandonment?
When was the Notice of Intent served?
When was the lien recorded?
Very often, the deadline was missed. And if the deadline was missed, the lien is void—full stop.
Conclusion: The Filing Deadline Is One of the Strongest Protections Homeowners Have
Contractors sometimes weaponize mechanic’s liens in disputes, but they do not get unlimited time to do so. Colorado’s strict deadlines exist to protect homeowners from stale or abusive lien filings. They create clarity, finality, and predictability.
If a contractor has threatened to file a lien—or if one already appears on your title—understanding the timeline is one of the most important steps you can take. Our firm helps homeowners analyze these deadlines, challenge late or improper liens, and protect their property rights.
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.