(1)Any person, as defined in section 2-4-401 (8), C.R.S., that has furnished labor,
materials, sustenance, or other supplies used or consumed by a contractor or his or
her subcontractor in or about the performance of the work contracted to be done or
that supplies laborers, rental machinery, tools, or equipment to the extent used in
the prosecution of the work whose claim therefor has not been paid by the
contractor or the subcontractor may, at any time up to and including the time of
final settlement for the work contracted to be done, file with the board, officer,
person, or other contracting body by whom the contract was awarded a verified
statement of the amount due and unpaid on account of the claim. If the amount of
the contract awarded to the contractor exceeds one hundr
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(1)
Any person, as defined in section 2-4-401 (8), C.R.S., that has furnished labor,
materials, sustenance, or other supplies used or consumed by a contractor or his or
her subcontractor in or about the performance of the work contracted to be done or
that supplies laborers, rental machinery, tools, or equipment to the extent used in
the prosecution of the work whose claim therefor has not been paid by the
contractor or the subcontractor may, at any time up to and including the time of
final settlement for the work contracted to be done, file with the board, officer,
person, or other contracting body by whom the contract was awarded a verified
statement of the amount due and unpaid on account of the claim. If the amount of
the contract awarded to the contractor exceeds one hundred fifty thousand dollars,
the board, officer, person, or other contracting body by whom the contract was
awarded shall, no later than ten days before the final settlement is made, publish a
notice of the final settlement at least twice in a newspaper of general circulation in
any county where the work was contracted for or performed or in an electronic
medium approved by the executive director of the department of personnel. It is
unlawful for any person to divide a public works contract into two or more separate
contracts for the sole purpose of evading or attempting to evade the requirements
of this subsection (1).
(2) Upon the filing of any such claim, such board, officer, person, or other
body awarding the contract shall withhold from all payments to said contractor
sufficient funds to ensure the payment of said claims until the same have been paid
or such claims as filed have been withdrawn, such payment or withdrawal to be
evidenced by filing with the person or contracting body by whom the contract was
awarded a receipt in full or an order for withdrawal in writing and signed by the
person filing such claim or his duly authorized agents or assigns. Such funds shall
not be withheld longer than ninety days following the date fixed for final
settlement as published unless an action is commenced within that time to enforce
such unpaid claim and a notice of lis pendens is filed with the person or contracting
body by whom the contract was awarded.
(3) At the expiration of the ninety-day period, the person or other body
awarding the contract shall pay to the contractor such moneys and funds as are not
the subject of suit and lis pendens notices and shall retain thereafter, subject to the
final outcome thereof, only sufficient funds to ensure the payment of judgments
that may result from the suit. Failure on the part of a claimant to comply with the
provisions of sections 38-26-101, 38-26-106, and this section shall relieve the
board, officer, body, or person by whom such contract was awarded from any
liability for making payment to the contractor. At any time within ninety days
following the date fixed for final settlement as published, any person,
copartnership, association of persons, company, or corporation, or its assigns,
whose claims have not been paid by any such contractor or subcontractor may
commence an action to recover the same, individually or collectively, against the
surety or other qualified financial institution on the bond or other acceptable surety
specified and required in section 38-26-106.
Source: L. 23: p. 481, � 3. L. 29: p. 525, � 1. CSA: C. 39, � 7. CRS 53: � 86-7-7. C.R.S. 1963: � 86-7-7. L. 85: (1) amended, p. 1202, � 3, effective May 10. L. 2000: (1)
amended, p. 213, � 19, effective August 2. L. 2003: (1) amended, p. 1690, � 1,
effective September 1. L. 2007: (1) amended, p. 420, � 1, effective August 3. L.
2009: (1) amended, (SB 09-290), ch. 374, p. 2042, � 8, effective August 5; (3)
amended, (SB 09-248), ch. 270, p. 1226, � 2, effective August 5. L. 2014: (1)
amended, (HB 14-1387), ch. 378, p. 1853, � 66, effective June 6.