What does CRS 38-22-117 require?

The statute contains procedural language relevant to construction lien matters; practitioners should read the text for exact requirements and consult counsel for fact-specific application to ensure compliance.

Can lien documents be e-signed?

Electronic signatures are generally valid under ESIGN (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met; exceptions may apply for certain notarizations.

Is notarization required for filings?

Notarization depends on the document type and local recording rules; some instruments need acknowledgement or notarization before recording, so verify county requirements before submission.

How do I prove service?

Use certified mail, statutory personal service, or documented delivery methods and retain receipts or affidavits of service to establish the date and method of notice.

What should I do if a filing is rejected?

Promptly review the rejection reason, correct defects (names, descriptions, signatures), and refile or seek counsel to address substantive disagreements or potential deadlines.

How long keep signed records?

Retain signed instruments and audit trails for several years—follow federal baselines such as IRS three years and HIPAA six years where applicable; industry or state rules may require longer retention.

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Colorado Revised Statute 38-22-117

Colorado Revised Statute 38-22-117

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ASSIGNMENT OF LIEN- INDIVIDUAL
(Colorado Revised Statute § 38-22-117)

Prepared by, recording requested by

and return to:

Name:

Company:

Address:

City: State: Zip:

Phone:

Fax:

-------Above this Line for Official Use Only----

Beginning on or about the of , 20 the undersigned lien claimant, , furnished or supplied labor, materials, or laborers to for the purpose of improvements of real property at such that the undersigned lien claimant is entitled to a lien for the value of labor, materials, or laborers supplied.

Notice is hereby given that pursuant to Colorado Revised Statute §38-22-117 the above-mentioned lien claimant does hereby assign his or her claim and lien to who shall hereafter have all the rights and remedies under law to which the lien claimant is entitled for the purpose of filing and for the enforcement of the above-mentioned lien.

This the day of , 20

Signature

Print or Type Name

State of Colorado

County of

The foregoing instrument was acknowledged before me this the day of , 20 by (name of person acknowledged).

Notary Public

Print Name

My Commission Expires:

What Colorado Revised Statute 38-22-117 Covers

Colorado Revised Statute 38-22-117 is a provision within Colorado's mechanics' lien and construction lien framework that addresses procedural requirements affecting claimants, owners, and title interests. The clause sets conditions for asserting rights, documentation, or notices tied to construction-related claims. Practitioners use the statute to confirm timing, required content, and proper service methods before filing or enforcing lien rights in Colorado. For precise application, read the statute text and consider legal counsel to interpret how subsection language affects a given project, especially where deadlines or formal notices are involved.

Why this Colorado statute matters in lien and title workflows

Understanding CRS 38-22-117 helps contractors, suppliers, owners, and title professionals comply with procedural rules that protect lien rights and mitigate title risk by clarifying notice, filing, and enforcement steps under Colorado law.

Primary users and stakeholders

Typical users need to follow timing and formality requirements precisely to preserve or challenge lien rights under Colorado law.

Contractors and subcontractors responsible for labor or materials on Colorado projects who may need to assert or defend lien claims.
Property owners and developers who must respond to notices, verify charges, and protect title during and after construction.
Title companies, lenders, and closing agents that evaluate recorded claims and require compliant documentation to clear title.

Who can sign or certify lien-related filings

Project Manager

A project manager or authorized company officer may sign statements or affidavits attesting to work performed, dates, and amounts; ensure signatory authority is documented in company records to avoid disputes.

Property Owner

An owner or authorized representative typically signs acknowledgments and responses to notices; an accurate, dated signature helps establish service and response timelines relevant to enforcement and title clearance.

Essential information fields typically required

Claimant name: Full legal name

Owner name: Registered property owner

Property description: Legal description

Claim amount: Total dollar amount

Work dates: Start and completion

Signature/date: Signer and execution date

Practical steps to prepare and file a compliant claim

Follow a consistent sequence to reduce risk: assemble evidence, confirm statutory requirements, deliver notices correctly, and record with the appropriate county office.

01

Review statute: Confirm CRS 38-22-117 applicability and timing
02

Gather documents: Contracts, invoices, delivery tickets, and lien waivers
03

Serve notice: Deliver required notices per statute and local rules
04

Record claim: File with county recorder or clerk as required

Where to file, serve, and record documents

Filing and service steps generally include preparing the instrument, serving affected parties, and recording with the county office that maintains property records.

Prepare instrument: Assemble claim, exhibits, and affidavits
Serve parties: Use certified mail or statutory method
File locally: Record with the county recorder's office
Retain copies: Keep originals and proof of service

Configuring an online workflow for claim documents

Set up a consistent digital workflow for drafting, e-signing, authentication, and record retention to improve accuracy and defensibility.

Field	Configuration
Authentication	Email plus SMS code or advanced ID
Document format	PDF with embedded signature audit trail
Retention	Store signed PDF and audit log
Notifications	Email and certified mail as needed

Digital signing and technical compatibility

Use a platform that supports secure PDF signatures, audit trails, and standard integrations to keep workflow auditable and interoperable.

File formats: PDF, DOCX supported
Integrations: Salesforce, NetSuite, Microsoft 365
Authentication: Email, SMS, or advanced options

Timing considerations and statutory windows

Adhere to any statutory filing and notice windows in Colorado law; timing errors are a common cause of lost lien rights and title complications.

Statutory filing window:

Consult CRS text; requirements vary by claim type

Notice deadlines:

Deliver notices within statutory intervals

Service proof:

Retain certification and tracking evidence

Recording time:

File promptly with county recorder

Challenge period:

Owner response windows vary; consult counsel

Representative scenarios showing typical outcomes

Two short scenarios illustrate common filing and response situations where procedural accuracy affects outcomes.

Contractor Claim — Denver

A subcontractor documents unpaid invoices and prepares a claim with attachments and proof of service

They serve the owner and file with the county recorder
Accurate dates, full legal names, and proof of service allowed the claimant to pursue negotiations and preserve lien rights while title issues were resolved.

Owner Response — Colorado Springs

An owner receives a notice and audits invoices before responding

They request verification and contest part of the amount
Timely, documented responses and moving to challenge the claim limited exposure and enabled quicker resolution at closing.

Common preparation and filing errors to avoid

Using inconsistent or abbreviated claimant names that do not match contracts or tax records causes recording rejection or title clearance problems.
Failing to include precise work dates or legal property descriptions can make a claim vulnerable to dismissal or challenge.
Serving incorrect parties or missing a statutory notice window frequently results in forfeiture of lien rights and loss of remedies.
Relying on informal signatures or missing notarization where required undermines enforceability and invites procedural challenges.

Key legal risks and consequences of noncompliance

Lost lien rights: Missed deadlines

Title delays: Clouded title

Monetary exposure: Liability for costs

Invalid filing: Rejection by recorder

Fraud allegations: Potential civil penalties

Increased disputes: Higher legal fees

Practical tips for accurate, defensible filings

Adopt consistent templates, keep verifiable proof of service, and preserve original supporting documents to reduce risk and speed resolution.

Use standardized templates

Use a vetted template that includes required statutory language, full legal descriptions, and fields for exhibits. Standardization reduces omissions and speeds review.

Document proof of service

Use certified mail or statutory service methods and retain delivery receipts and tracking to prove the date and manner of service if challenged.

Maintain clear supporting evidence

Preserve contracts, change orders, invoices, delivery tickets, lien waivers, and communications; timely organized evidence strengthens enforcement or defense positions.

Review authentication and signatures

Confirm signer authority, use appropriate notarization or eAuthentication, and retain audit trails showing intent and attribution for each executed instrument.

eSignature vendor comparison for lien and filing workflows

Comparison of common vendor attributes relevant to preparing and eSigning statutory claim documents; signNow is listed first per vendor ordering guidelines.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about CRS 38-22-117 and eSigning

Answers to common questions about applying the statute, key filing issues, and using electronic signatures for documents tied to Colorado lien processes.

Need help? Contact support

What does CRS 38-22-117 require?
The statute contains procedural language relevant to construction lien matters; practitioners should read the text for exact requirements and consult counsel for fact-specific application to ensure compliance.
Can lien documents be e-signed?
Electronic signatures are generally valid under ESIGN (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met; exceptions may apply for certain notarizations.
Is notarization required for filings?
Notarization depends on the document type and local recording rules; some instruments need acknowledgement or notarization before recording, so verify county requirements before submission.
How do I prove service?
Use certified mail, statutory personal service, or documented delivery methods and retain receipts or affidavits of service to establish the date and method of notice.
What should I do if a filing is rejected?
Promptly review the rejection reason, correct defects (names, descriptions, signatures), and refile or seek counsel to address substantive disagreements or potential deadlines.
How long keep signed records?
Retain signed instruments and audit trails for several years—follow federal baselines such as IRS three years and HIPAA six years where applicable; industry or state rules may require longer retention.

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