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Colorado Construction Law – Who can File a Mechanic’s Lien?

For a step-by-step guide to filing a Colorado mechanic’s lien, see HERE. But first, exactly “who” can file a mechanic’s lien in Colorado? The definition of who can file a mechanic’s lien is broad. Colorado’s purpose for its mechanic’s lien laws is to protect those who supply labor, materials, or services to a property.

Under Colorado law, the following may file a mechanics lien:

  • Every person who furnishes or supplies laborers
  • Every person who furnishes or supplies machinery, tools, or equipment for the project
  • Mechanics
  • Materialmen
  • Contractors
  • Subcontractors
  • Builders
  • All persons performing labor on the project
  • All persons furnishing directly to the owner or persons furnishing labor, laborers, or materials to be used in the work upon the land or structure of the project
  • Architects
  • Engineers
  • Draftsmen
  • Artisans

The person or business seeking a Colorado mechanic’s lien cannot file for a lien unless they have an agreement to perform the work with the owner or any other person acting by the owner’s authority, such as an agent or contractor. Colorado extends the agency power to any person having responsibility for the construction, either in whole or in part. This includes but is not limited to contractors, architects, engineers, subcontractors, builders, and agents.

The construction law attorneys at Burnham Law have extensive experience in filing, enforcing, and defending mechanic’s liens. If you have provided value to a construction project and have not been paid as agreed, contact Burnham Law to start the right process for getting paid for your work.

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Ashlee
Hoffmann

Senior Associate - Civil Litigation

Boulder

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