How to Fill Out a Colorado Notice of Intent to Lien Form

A Colorado notice of intent to lien form is the written warning a contractor, subcontractor, or supplier must serve before recording a mechanic’s lien, and under C.R.S. § 38-22-109(3) it has to reach both the property owner and the prime contractor at least ten days before the lien statement is filed with the county clerk and recorder.¹ Skip the notice, serve the wrong party, or botch the delivery, and the lien is void no matter how much you are owed.

What Goes on the Form

The statute does not hand you a fill-in-the-blank template. It simply requires that “a notice of intent to file a lien statement” be served.¹ That leaves the fields to you, but the notice still has to do its job: tell the owner and contractor a lien is coming and give them enough detail to resolve the debt.

At a minimum, the form should contain:

Your full legal name and address as the party claiming the lien.
The property owner’s name, matched to the deed or county records. If you do not know the owner’s name, say so explicitly on the form.
The prime contractor’s name when you are a subcontractor or supplier. If that name is unknown, state so.
A legal description sufficient to identify the parcel. A street address alone may not be enough for complex lots; pull the legal description from the deed or the county assessor’s database.
The actual unpaid balance for labor or materials provided. Do not inflate the amount with speculative damages or unapproved extras, because overstating the figure can undermine the lien in court later.
A clear statement that you intend to file a mechanic’s lien if the debt is not resolved.

These items mirror what the lien statement itself must contain under § 38-22-109(1).¹ Keeping the names, amounts, and property description identical between the notice and the later lien statement heads off technical objections from opposing counsel. Many claimants use a standardized form from a county clerk’s office or a legal document provider to keep the two documents aligned.

Who Has to Receive It

This is where claimants most often lose their lien rights. The statute requires service on two parties: the owner (or reputed owner) of the property or the owner’s agent, and the principal or prime contractor or the contractor’s agent.¹ If you are a subcontractor or supplier, serving only the property owner is not enough. A missed service on the prime contractor can void the lien entirely, even if the owner received perfect notice.

Use each recipient’s last-known address. If the owner has an agent on file, such as a property manager or attorney, service on the agent counts, but confirm the correct address first. For the prime contractor, use the address listed on your subcontract or purchase order.

How to Serve the Notice

Colorado allows two delivery methods: personal service, or certified or registered mail with a return receipt requested.¹ Whichever you pick, you will need to file proof of that service with the county clerk alongside the lien statement itself. Without the proof, the recording may be rejected.

Personal Service

A process server physically delivers the notice to the owner and the prime contractor (or their agents) and then signs an affidavit documenting the exact date, time, and location of delivery. That affidavit is your proof of service. Process servers in Colorado typically charge between $50 and $100 per service, with fees varying by location and urgency.

Certified or Registered Mail

Mail the notice to each recipient’s last-known address with a return receipt requested. The green card, or electronic delivery confirmation, is your proof the notice was delivered and starts the ten-day clock. Certified mail with a return receipt generally runs under $15 per recipient, which makes it the cheaper option. Hold on to the original return receipt; you will need it when you file the lien.

Two recipients means two separate proofs. Mixing methods is fine. If you use certified mail for the owner and a process server for the contractor, keep each receipt or affidavit organized by recipient.

When the Notice Must Go Out

Three deadlines interlock, and miscounting any one of them kills the lien. Work backward from the recording deadline so the notice goes out in time.

The Four-Month Recording Deadline

Most contractors, subcontractors, and suppliers must record their lien statement within four months after the last day they provided labor or materials to the project.¹ That is the outer boundary. Every other deadline has to fit inside it.

The Two-Month Exception for Day Labor

A narrower deadline applies to workers who provided only labor by the day or by the piece without furnishing any materials. These claimants have to file the lien statement within two months after completion of the building or improvement, not from their last day on the job.¹ If the project wraps weeks after your last shift, the clock started at completion, not when you left.

The Ten-Day Notice Window

The notice of intent must be served at least ten days before you file the lien statement.¹ So the notice has to go out no later than ten days before the four-month (or two-month) recording deadline expires. Build in a cushion. If you mail the notice on the last possible day and it arrives late, your lien rights are gone permanently. Sending the notice as soon as a payment dispute becomes clear gives you the most flexibility.

There is no statutory extension or grace period for the recording deadlines in Colorado. Miss any window and the lien is forfeited no matter how legitimate the debt.

After the Ten Days: Recording the Lien Statement

Once ten days pass after service without a payment resolution, you can record the formal lien statement with the county clerk and recorder in the county where the property sits. The lien statement is the document that actually encumbers title. The notice of intent was the required warning shot.

Under § 38-22-109(1), the lien statement must include the property owner’s name (or a statement that it is unknown), the claimant’s name and the prime contractor’s name if the claimant is a subcontractor, a property description sufficient to identify the parcel, and the amount due or owing.¹ It must be signed and sworn to by the claimant or someone acting on the claimant’s behalf, which means notarized. Bring valid identification to the notary and make sure the name on the statement matches the notarization exactly.

Submit the sworn lien statement together with your proof of service, the process server’s affidavit or the certified mail return receipts, to the county clerk and recorder. The affidavit of service or mailing filed with the lien statement is the proof that the ten-day notice requirement was satisfied.¹

As of July 1, 2025, Colorado counties charge a flat recording fee of $40 per document plus a $3 surcharge, totaling $43 for most filings. That replaced the old per-page structure under HB 24-1269.² Once recorded, the lien appears in the public land records and clouds the property title.

When This Form Does Not Apply

Mechanic’s liens cannot be placed on property owned by the federal government; federal sovereign immunity blocks it. If you worked on a federal construction project and have not been paid, the remedy is a payment bond claim under the Miller Act rather than a lien. Subcontractors and suppliers without a direct contract with the prime contractor must send written notice to the prime contractor within 90 days of last furnishing labor or materials, and any lawsuit to enforce a bond claim must be filed within one year of that last date of work or supply.

State and local government projects in Colorado similarly do not allow mechanic’s liens on public property. Colorado’s “Little Miller Act” equivalent requires prime contractors on public projects to post payment bonds, giving a similar remedy through the bond rather than through the real estate. If the project is a school, highway, or government building, the notice of intent process described here does not apply, and the payment bond is where to look instead.

1
Justia. Colorado Code 38-22-109 – Lien Statement
2
Colorado General Assembly. HB24-1269 Modification of Recording Fees