§ 38-22-101 — Liens in favor of whom - when filed

Colorado § 38-22-101

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: General Mechanics' Lien

Text

(1) Every person who
furnishes or supplies laborers, machinery, tools, or equipment in the prosecution of
the work, and mechanics, materialmen, contractors, subcontractors, builders, and
all persons of every class performing labor upon or furnishing directly to the owner
or persons furnishing labor, laborers, or materials to be used in construction,
alteration, improvement, addition to, or repair, either in whole or in part, of any
building, mill, bridge, ditch, flume, aqueduct, reservoir, tunnel, fence, railroad,
wagon road, tramway, or any other structure or improvement upon land, including
adjacent curb, gutter, and sidewalk, and also architects, engineers, draftsmen, and
artisans who have furnished designs, plans, plats, maps, specifications, drawings,
estimates of cost, surveys, or superintendence, or who have rendered other
professional or skilled service, or bestowed labor in whole or in part, describing or
illustrating, or superintending such structure, or work done or to be done, or any
part connected therewith, shall have a lien upon the property upon which they have
furnished laborers or supplied machinery, tools, or equipment or rendered service
or bestowed labor or for which they have furnished materials or mining or milling
machinery or other fixtures, for the value of such laborers, machinery, tools, or
equipment supplied, or services rendered or labor done or laborers or materials
furnished, whether at the instance of the owner, or of any other person acting by
the owner's authority or under the owner, as agent, contractor, or otherwise for the
laborers, machinery, tools, or equipment supplied, or work or labor done or services
rendered or laborers or materials furnished by each, respectively, whether supplied
or done or furnished or rendered at the instance of the owner of the building or
other improvement, or the owner's agent; and every contractor, architect, engineer,
subcontractor, builder, agent, or other person having charge of the construction,
alteration, addition to, or repair, either in whole or in part, of said building or other
improvement shall be held to be the agent of the owner for the purposes of this
article.

(2) In case of a contract for the work, between the reputed owner and a
contractor, the lien shall extend to the entire contract price, and such contract shall
operate as a lien in favor of all persons performing labor or services or furnishing
laborers or materials under contract, express or implied, with said contractor, to the
extent of the whole contract price; and after all such liens are satisfied, then as a
lien for any balance of such contract price in favor of the contractor.

(3) All such contracts shall be in writing when the amount to be paid
thereunder exceeds five hundred dollars, and shall be subscribed by the parties
thereto. The contract, or a memorandum thereof, setting forth the names of all the
parties to the contract, a description of the property to be affected thereby,
together with a statement of the general character of the work to be done, the
estimated total amount to be paid thereunder, together with the times or stages of
the work for making payments, shall be filed by the owner or reputed owner, in the
office of the county clerk and recorder of the county where the property, or the
principal portion thereof, is situated before the work is commenced under and in
accordance with the terms of the contract. In case such contract, or a memorandum
thereof, is not so filed, the labor done and materials furnished by all persons shall
be deemed to have been done and furnished at the personal instance of the owner,
and such persons shall have a lien for the value thereof.

(4) For the purposes of this article, the value of labor done shall include, but
not be limited to, the payments required under any labor contract to any trust
established for the provision of any pension, profit-sharing, vacation, health and
welfare, prepaid legal services, or apprentice training benefits for the use of the
employees of any contractors, and the trustee of any such trust shall have a lien
therefor.

(5) All claimants who establish the right to a lien or claim under any of the
provisions of this article shall be entitled to receive interest on any such lien or
claim at the rate provided for under the terms of any contract or agreement under
which the laborers were furnished or the labor or material was supplied or, in the
absence of an agreed rate, at the rate of twelve percent per annum.

(6) Repealed.

Legislative History

Source: L. 1899: p. 261, � 1. R.S. 08: � 4025. C.L. � 6442. CSA: C. 101, � 15. CRS 53: � 86-3-1. C.R.S. 1963: � 86-3-1. L. 65: p. 849, � 1. L. 69: p. 692, � 1. L. 75: (4) and (5) added, p. 1422, � 1, effective October 1. L. 2000: (1), (2), and (5) amended and (6) added, p. 204, � 1, effective August 2. L. 2025: (6) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.