The Colorado Notice of Intent to File a Mechanics' Lien
Most lien disputes in Colorado don’t start with a recording at the county clerk’s office. They start with a letter—a formal, ten-day Notice of Intent to File a Mechanics' Lien. For many contractors and subcontractors, this document is the turning point where a dormant payment dispute finally gets movement. For homeowners, it’s often the moment they realize the issue is more serious than a simple billing disagreement.
Because this notice sits at the crossroads between negotiation and litigation, it is one of the most misunderstood parts of Colorado’s mechanic’s lien process. Some contractors send a vague demand and call it a Notice of Intent. Others assume they can skip the notice entirely. And homeowners often receive one and aren’t sure whether it means a lien has already been filed.
The Notice of Intent is not optional. It is not a courtesy. It is the gateway to a valid lien claim, and Colorado courts treat it that way. Understanding what it does—on both sides of the dispute—can save time, preserve leverage, and prevent costly mistakes later.
Before we walk through the Notice of Intent itself, it may help to review our Colorado Mechanic’s Lien Guide for Homeowners, which explains the overall lien process from the homeowner’s perspective. What follows here is a deeper dive into the notice specifically: what it means, why the law requires it, and how it alters the dynamics between owners and contractors.
Why Colorado Requires a Notice of Intent Before Filing a Lien
Colorado is one of the states that formally requires notice before recording a mechanic’s lien. The policy behind this requirement is simple: a filed lien can cloud title, disrupt a home sale or refinance, and put real pressure on an owner who may not even realize there is a payment dispute. The law tries to avoid those consequences when possible by forcing all sides to pause, communicate, and attempt resolution before a lien becomes public.
In practice, this ten-day notice often works exactly as intended. When a contractor sends a Notice of Intent, the conversation changes. A homeowner preparing to close on a sale suddenly sees the risk. A general contractor who has been slow-walking pay apps now understands that leverage is shifting. A lender monitoring draw requests is alerted to potential issues.
For this reason, many disputes resolve during the ten-day window. And for good reason: the cost of ignoring notice can be far greater than the cost of addressing the underlying payment issue.
What the Notice Actually Communicates
A proper Notice of Intent tells the property owner (and in many cases, the general contractor or developer) that the claimant intends to record a mechanic’s lien unless payment is made. It alerts the owner that the claim will soon become part of the property’s public record and that the lien—once filed—may affect title, escrow, or loan disbursements.
This is often the first time the owner sees the issue in writing. A vague dispute that floated around in text messages or conversations suddenly has form, dates, amounts, and consequences. And that clarity forces decisions to be made.
If you are a contractor, sending a Notice of Intent formalizes your position. If you are a homeowner, receiving one means the clock is ticking. Either way, the notice opens a narrow but important window where both sides have an opportunity to resolve their disagreement without escalating into litigation.
Serving the Notice: A Procedural Step with Real Consequences
Serving a Notice of Intent in Colorado is not a symbolic gesture—it is a statutory prerequisite. If you file a lien without having properly served notice, the lien is vulnerable to challenge and may be deemed invalid in litigation.
This is something I often see in two scenarios:
Contractors who assume a text message or emailed invoice counts as notice. It does not.
Homeowners who believe that ignoring the notice will make the issue disappear. It will not.
Because Colorado’s lien statute is strictly construed, courts expect documentary proof that notice was served correctly and at least ten full days before the lien was recorded. That means the date you send the notice and the date you record the lien must be treated carefully.
If you want more context on strict compliance, our article Common Mistakes to Avoid When Filing a Mechanic’s Lien in Colorado describes how even minor errors in the lien process can create major problems down the road.
How Homeowners React to a Notice of Intent
Homeowners in Colorado often assume the Notice of Intent is the lien. It isn’t. It’s a warning—an invitation to resolve the dispute before the lien becomes public and before the property’s title is affected.
This distinction matters. A Notice of Intent does not burden the property the way an actual recorded lien does, but it signals clearly that a lien is imminent. For owners who are mid-project, mid-refinance, or preparing to list their home for sale, this notice is a wake-up call.
For that reason, the notice is often the most productive moment in the entire dispute. Parties finally communicate. Documentation is exchanged. Payment disputes that sat unresolved for months suddenly move toward settlement.
Homeowners looking for additional guidance can refer to our How to Dispute a Mechanic’s Lien Filed Against Your Home article (internal link), which explains how these disputes unfold from the owner’s side.
When the Ten Days Pass
If payment is not made within the ten-day period, the contractor may record the lien statement in the county where the property is located. Once that happens, the dispute shifts into a different posture entirely. The lien becomes a matter of public record, and the owner must address it in any sale, refinance, or title review.
But many contractors misunderstand what comes next. Filing the lien is not the end of the process. It simply preserves lien rights for a limited period of time. Enforcement—which may involve foreclosure litigation—comes later. If you want a broader explanation of the lien filing timeline, see our article on How Long a Contractor Has to File a Mechanic’s Lien in Colorado.
The Notice of Intent is therefore a pivot point: the last moment before a private disagreement becomes a public claim against the property.
Why the Notice Matters More Than Most People Realize
In Colorado, a mechanic’s lien is only as strong as the steps that precede it. That means a lien recorded without proper notice is not a lien you want to rely on in court. And a homeowner who receives a Notice of Intent should not dismiss it as a hollow threat. It is a sign that the dispute has reached a stage where legal rights and timing now matter.
The ten-day notice requirement creates structure. It gives contractors a formal path to assert their rights and gives homeowners a clear signal of what’s at stake. Most importantly, it often creates a final opportunity for resolution before the more expensive steps of recording, enforcement, and litigation begin.
If you need a full overview of the lien process, deadlines, and homeowner rights, 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.