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Pre-lien Notice / Notice to Owner

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Colorado Notice of Intent to File Lien Statement

Statutory Purpose

To preserve a Colorado mechanic's lien, Colo. Rev. Stat. ยง 38-22-109(3) requires a notice of intent to be served at least 10 days before the lien statement is filed with the county clerk and recorder.

The notice must be served on both:

โ˜ The owner or reputed owner, or the owner's agent; and

โ˜ The principal or prime contractor, or that contractor's agent.

This notice is not the lien statement and does not extend the lien-statement filing deadline.

Part 1 โ€” Deadline and Recipient Check

Item Entry
Claimant's last labor/material date [__/__/____]
Improvement completion date, if relevant [__/__/____]
Planned lien-statement filing date [__/__/____]
Last date to complete service at least 10 days before filing [__/__/____]

Under ยง 38-22-109(4), a claimant for labor performed by the day or piece, without furnishing laborers or materials, generally files after the last labor and before two months expire after completion of the improvement. Under ยง 38-22-109(5), other lien claimants generally file before four months expire after their own last labor, laborers, or materials. Subsections (10) and (11) and ยง 38-22-125 can affect particular claims.

โ˜ Deadline calculated by Colorado counsel.

โ˜ Owner/reputed owner or agent identified.

โ˜ Principal/prime contractor or agent identified.

Part 2 โ€” Notice

DATE: [__/__/____]

VIA: โ˜ Personal Service โ˜ Registered Mail, Return Receipt Requested โ˜ Certified Mail, Return Receipt Requested

To Owner or Reputed Owner

Field Entry
Name [________________________________]
Last-known address [________________________________]
Agent, if served instead [________________________________]

To Principal or Prime Contractor

Field Entry
Name [________________________________]
Last-known address [________________________________]
Agent, if served instead [________________________________]

From Claimant

Field Entry
Claimant name [________________________________]
Address [________________________________]
Telephone/email [________________________________]
Person who hired claimant [________________________________]

Property and Claim

Field Entry
Property street address [________________________________]
County [________________________________]
Legal description or other sufficient description [________________________________]
Labor, laborers, materials, services, or equipment furnished [________________________________]
First furnishing date [__/__/____]
Last furnishing date [__/__/____]
Amount due and owing $[________________]

Notice of Intent

Claimant gives notice that it intends to file a lien statement against the property described above for the amount due and owing for the labor, laborers, materials, services, or equipment identified above.

This notice is served under Colo. Rev. Stat. ยง 38-22-109(3) at least 10 days before the intended filing of the lien statement. Payment discussions do not extend any statutory filing or enforcement deadline.

Signature Field Entry
Claimant or authorized representative [________________________________]
Printed name and title [________________________________]
Date [__/__/____]

Part 3 โ€” Service Record

Section 38-22-109(3) permits personal service or registered or certified mail, return receipt requested, addressed to the recipient's last-known address. Commercial-carrier delivery or ordinary mail is not listed as a substitute.

Owner Service

โ˜ Personally served on [________________________________] on [__/__/____].

โ˜ Sent by โ˜ registered mail โ˜ certified mail, return receipt requested, on [__/__/____], tracking number [________________________________].

Principal/Prime Contractor Service

โ˜ Personally served on [________________________________] on [__/__/____].

โ˜ Sent by โ˜ registered mail โ˜ certified mail, return receipt requested, on [__/__/____], tracking number [________________________________].

Part 4 โ€” Affidavit for Filing With Lien Statement

Section 38-22-109(3) requires an affidavit of service or mailing showing service at least 10 days before filing. File the affidavit for record with the lien statement.

I, [________________________________], state under oath that I served or mailed the Notice of Intent described above on the listed owner/reputed owner or agent and principal/prime contractor or agent by the methods and on the dates stated in Part 3.

Signature: [________________________________] Date: [__/__/____]

Notarial officer: [________________________________]

Commission expiration, if applicable: [__/__/____]

Part 5 โ€” Lien Statement and Enforcement Checklist

Under ยง 38-22-109(1)โ€“(2), the lien statement identifies the owner or reputed owner; claimant; person furnishing the laborers/materials or performing the labor; contractor when applicable; property; and amount due, and is signed and sworn to.

โ˜ Lien statement filed in the county where the property, or its principal part, is located.

โ˜ Affidavit of timely notice service/mailing filed with it.

โ˜ Lien statement filed within the applicable two-month or four-month period, subject to any special rule.

Under ยง 38-22-110, an enforcement action and a recorded notice that the action commenced generally must occur within six months after the applicable last-work or completion event described in the statute.

โ˜ Enforcement deadline calendared separately.

Sources and References

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Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.

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Last updated: July 2026

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