Who Can File a Mechanic’s Lien in Colorado?
Whenever a mechanic’s lien dispute begins—whether I’m advising a homeowner who just received a Notice of Intent, or a subcontractor still waiting to be paid—the first question I ask is deceptively simple: Does this person even have lien rights?
Most people assume the answer is yes. If you worked on a project and didn’t get paid, you file a lien. But Colorado law doesn’t treat it that casually. Mechanic’s liens are powerful remedies. They cloud title, affect sales, impact refinancing, and, in some cases, expose homeowners to foreclosure litigation. Because of that, Colorado limits who may file a lien and under what circumstances.
And those limits matter. They determine whether a lien is valid or vulnerable, whether a homeowner should negotiate or challenge it, and whether a contractor should proceed with confidence or rethink their strategy before recording anything.
If you want the broad homeowner overview, you can always start with our Colorado Mechanic’s Lien Guide for Homeowners. But this article takes a closer look at eligibility—who the statute protects, and why some claims that look like lien claims are not lien claims at all.
The Framework: What Colorado’s Statute Actually Protects
Colorado’s mechanics lien statute—found at C.R.S. § 38-22-101—gives lien rights to those who “improve” real property. That word, improve, has a long history in Colorado law, and it carries real weight. The statute protects people who add value to property—who change it, build it, repair it, or supply something essential to its construction.
Because of that, not everyone who touches a project has lien rights. A consultant who gives advice, for example, may not. A delivery company that simply transports materials but does not “furnish” them to the project site likely does not. And a contractor who never performed work, never delivered materials, and never began performance under a contract absolutely does not.
What the statute protects is the act of improvement—not the act of contracting, negotiating, or attempting to work on a project.
General Contractors and Builders
General contractors almost always have lien rights, provided they have improved the property through labor, materials, or both. They are the central figures in most construction projects, and the statute reflects their role.
But even here, lien rights are not automatic. If the contractor performed no work or abandoned the project before beginning construction, they cannot file a lien based solely on a contract existing. And if the contractor has been paid in full but claims additional amounts under disputed change orders, their lienable amount may be limited.
For disputes arising from disagreements over scope or extras, our article How Much Can a Contractor Claim in a Colorado Mechanic’s Lien? offers more depth on this.
Subcontractors and Suppliers
Subcontractors—whether electricians, HVAC installers, roofers, framers, drywallers, or finish carpenters—also have lien rights. In fact, subcontractor liens are among the most common in Colorado because subs often depend on upstream parties for payment, and general contractors sometimes experience cash-flow issues that cascade downward.
Suppliers, including those who furnish lumber, roofing materials, drywall, concrete, or specialty products, also have lien rights if the materials were actually delivered for use on the property. Colorado courts have long distinguished between supplying materials to the project and merely selling them to a contractor who may or may not use them on that property.
That distinction becomes important when lien claims involve unused materials or bulk deliveries. The key question is always the same: Did the materials actually contribute to improving the property?
Laborers and Trade Workers
Colorado extends lien rights broadly to individuals who perform labor directly on the property. This includes skilled tradespeople, day laborers, and specialty workers who may not have direct contracts with the owner or general contractor.
But again, documentation matters. To assert a lien, the worker must be able to show that their labor directly improved the property. Casual help or off-site labor that does not connect to the physical improvement of the property may not create lien rights.
Design Professionals: Architects, Engineers, and Surveyors
Many homeowners are surprised to learn that design professionals may also have mechanics lien rights under Colorado law. Architects, engineers, and surveyors who produce plans, drawings, structural designs, site layouts, or staking work that improve the property can file liens—even if physical construction never takes place.
This stems from Colorado’s recognition that design contributes to the improvement of property just as much as installation or construction. However, design professionals must still tie their work to a specific property improvement; purely conceptual or preliminary work may not qualify.
Who Does Not Have Lien Rights
Some people involved in a project do not have lien rights at all, even if they feel they’ve contributed value. That includes:
Consultants who only provide advice
Brokers or salespeople involved in facilitating the project
Delivery companies whose role is purely logistical
Contractors who were never authorized to perform work
Individuals whose work is unrelated to improving the property
In some disputes, a homeowner receives a Notice of Intent from a party who never set foot on the job site, never delivered materials, and had only a loose connection to the project. In those scenarios, lien rights often do not exist—and the filing is vulnerable to challenge.
Homeowners facing questionable liens may want to review How to Dispute a Mechanic’s Lien Filed Against Your Home, which covers improper-liens and slander-of-title risks.
The Importance of Authorization
Even if someone improved the property, they cannot always file a lien. Colorado requires a connection between the claimant and the owner, typically through authorization or contractual relationships (direct or indirect).
If the owner never authorized the work—either directly or through a general contractor—the claimant may have no lien rights despite performing work. This issue commonly arises in disputes involving subcontractors hired by unscrupulous intermediaries or unauthorized contractors.
The question becomes: Did the property owner or their agent authorize or benefit from the improvement? If the answer is no, lien rights may not attach.
Why Understanding Lien Eligibility Matters
Everything that follows in the lien process—the Notice of Intent, the filing timeline, the amount of the lien, and even the potential for foreclosure—assumes the claimant is someone the statute protects. When a lien is filed by someone without eligibility, it is not just invalid; it may expose the filer to claims for slander of title or attorney fees.
For homeowners, that means understanding whether the person claiming lien rights is someone who actually improved the property. For contractors, it means ensuring your work, materials, or professional services fall within the statute before recording anything with the county.
If you’re unsure whether you have lien rights—or whether a lien filed against your property is legitimate—our firm regularly advises both contractors and homeowners throughout Colorado. And if you want the most complete overview of the lien process, don’t miss our Colorado Mechanic’s Lien Guide for Homeowners.
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.