In Colorado, claimants must serve a property owner with preliminary (a.k.a. "prelien") notice before claiming a mechanic's lien. This is required as a means of protection for the owner by warning the property owner, prime contractor, or any other party that a mechanics lien will be filed unless payment of past due amounts is made.

To preserve lien rights for work performed or laborers or materials furnished, there must be a notice of intent to file a lien statement served upon the owner (or reputed owner) of the property or the owner's agent and the principal or prime contractor or his or her agent at least ten days before the time of filing the lien statement with the county clerk and recorder. C.R.S. 38-22-109(3). The notice of intent must be served through personal service or by registered or certified mail, with a return receipt requested, and addressed to the last known address of such persons. Id. An affidavit of service or mailing must also be filed for record with the lien statement and will constitute proof of such service. Id.

The notice form contains the following information: (1) the lien claimant's name and address; (2) the property owner's name and address; (3) any common name of the property; (4) a legal description of the property; and (5) the general contractor's name and address. The form also contains two affidavits of service to verify service was made on either the owner or contractor or both.

Find Colorado's General Mechanic's Lien laws at C.R.S. 38-22.

This article is provided for information purposes only and should not be relied upon as a substitute for the advice of an attorney. Please contact a Colorado attorney with any questions about using a notice of intent to file a statement of mechanic's lien or for any other mechanic's lien issues.

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