§ 38-22-106 — Priority of lien - attachments

(1) All liens established by virtue
of this article shall relate back to the time of the commencement of work under the
contract between the owner and the first contractor, or, if said contract is not in
writing, then such liens shall relate back to and take effect as of the time of the
commencement of the work upon the structure or improvement, and shall have
priority over any lien or encumbrance subsequently intervening, or which may have
been created prior thereto but which was not then recorded and of which the lienor,
under this article, did not have actual notice. Nothing contained in this section,
however, shall be construed as impairing any valid encumbrance upon any such
land duly made and recorded prior to the signing of such contract or the
commencement of work upon such improvements or structure.

(2) No attachment, garnishment, or levy under an execution upon any money
due or to become due to a contractor from the owner or reputed owner of any such
property subject to any such lien shall be valid as against such lien of a
subcontractor or materialmen, and no such attachment, garnishment, or levy upon
any money due to a subcontractor or materialmen of the second class, as provided
in section 38-22-108 (1)(b), from the contractor shall be valid as against any lien of a
laborer employed by the day or piece, who does not furnish any material as
classified in this article.

Legislative History

Source: L. 1899: p. 268, � 6. R.S. 08: � 4030. C.L. � 6447. CSA: C. 101, � 20. CRS 53: � 86-3-6. C.R.S. 1963: � 86-3-6.