Skip to main content

Contact Us For A Free Consultation

720-770-3457

What Is The Deadline To Foreclose On A Mechanic’s Lien In Colorado?

Posted March 21, 2023 in Uncategorized

What Is The Deadline To Foreclose On A Mechanic's Lien In Colorado?

The deadline to file a lawsuit to foreclose on a mechanic’s lien is SIX MONTHS AFTER THE LAST WORK OR LABOR IS PERFORMED, MATERIALS FURNISHED, OR COMPLETION OF THE BUILDING/IMPROVEMENT. THE RIGHT TO ENFORCE THE LIEN IS LOST IF THE OWNER FAILS TO COMMENCE THE LAWSUIT WITHIN THE TIME LIMIT.

The relevant statute is quoted below.

No lien claimed by virtue of this article, as against the owner of the property or as against one primarily liable for the debt upon which the lien is based or as against anyone who is neither the owner of the property nor one primarily liable for such debt, shall hold the property longer than six months after the last work or labor is performed, or laborers or materials are furnished, or after the completion of the building, structure, or other improvement, or the completion of the alteration, addition to, or repair thereof, as prescribed in section 38-22-109, unless an action has been commenced within that time to enforce the same, and unless also a notice stating that such action has been commenced is filed for record within that time in the office of the county clerk and recorder of the county in which said property is situate. Where two or more liens are claimed of record against the same property, the commencement of any action and the filing of the notice of the commencement of such action within that time by any one or more of such lien claimants in which action all the lien claimants as appear of record are made parties, either plaintiff or defendant shall be sufficient.

C.R.S. 38-22-110 (statute as of April 2023).

Be mindful of some nuances to this statutory deadline.

  1. The later of the three dates above applies.
  2. Trivial imperfections cannot be relied on to extend the deadline. C.R.S. 38-22-109
  3. Abandonment of work for three months will be seen as completion for purposes of the deadline. C.R.S. 38-22-109

If you have any questions, do not hesitate to reach out. You may call us at 303-268-2867 or request a consultation via our online form.

DISCLAIMER

The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter.  Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by calling us as 303-268-2867 or completing a consultation request form.

Contact Us Today

Volpe Law is committed to answering your questions about Civil Litigation, Real Estate, Construction, Business Litigation, Breach of Contract, Tort Litigation, Mechanics’ Liens, and Contract Review & Drafting in Colorado.

We offer a Free Consultation and we’ll gladly discuss your case with you at your convenience. Contact us today to request an appointment with one of our attorneys. Appointments subject to attorney availability.

Office Location

Directions to Volpe Law

19751 E. Mainstreet, #342
Parker, CO 80138

Phone: 720-770-3457

Mon, Tue, Wed, Thu, Fri: 09:00am - 05:00pm

Also Serving Denver CO

The material on this site and on any third-party web site link included on the Volpe Law, LLC website is for informational purposes only. Nothing on this website may be construed as legal advice. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by calling us at 720-770-3457 or completing a consultation request form. Using this website, filling out any forms, or communicating with Volpe Law, LLC through this site does not form an attorney/client relationship. Your matter may be subject to time limitations. You may be barred from taking any action if you do not timely act. Using or interacting with this website does not constitute your reliance on Volpe Law, LLC to take any action to represent you or preserve any claim that you may have or may assert. Please see Terms of Use for further information.

Connect