§ 38-22-105.5 — Notice of lien law

Colorado § 38-22-105.5

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

Text

(1) Upon issuing a building permit for the
improvement, restoration, remodeling, or repair of or the construction of
improvements or additions to residential property, the agency or other authority
issuing the permit shall send a written notice, as set forth in subsection (2) of this
section, by first-class mail addressed to the property for which the permit was
issued.

(2) The notice shall be in at least ten-point bold-faced type, if printed, or in
capital letters, if typewritten, shall identify the contractor by name and address,
and shall state substantially as follows:

IMPORTANT NOTICE TO OWNERS: UNDER COLORADO LAW, SUPPLIERS,
SUBCONTRACTORS, OR OTHER PERSONS FURNISHING LABORERS OR
PROVIDING LABOR OR MATERIALS FOR WORK ON YOUR RESIDENTIAL
PROPERTY MAY HAVE A RIGHT TO COLLECT THEIR MONEY FROM YOU BY FILING
A LIEN AGAINST YOUR PROPERTY. A LIEN CAN BE FILED AGAINST YOUR
RESIDENCE WHEN A SUPPLIER, SUBCONTRACTOR, OR OTHER PERSON IS NOT
PAID BY YOUR CONTRACTOR FOR SUCH LABORERS, LABOR, OR MATERIALS.
HOWEVER, IN ACCORDANCE WITH THE COLORADO GENERAL MECHANICS' LIEN
LAW, SECTIONS 38-22-102 (3.5) AND 38-22-113 (4), COLORADO REVISED
STATUTES, YOU HAVE AN AFFIRMATIVE DEFENSE IN ANY ACTION TO ENFORCE
A LIEN IF YOU OR SOME PERSON ACTING ON YOUR BEHALF HAS PAID YOUR
CONTRACTOR AND SATISFIED YOUR LEGAL OBLIGATIONS.

YOU MAY ALSO WANT TO DISCUSS WITH YOUR CONTRACTOR, YOUR ATTORNEY,
OR YOUR LENDER POSSIBLE PRECAUTIONS, INCLUDING THE USE OF LIEN
WAIVERS OR REQUIRING THAT EVERY CHECK ISSUED BY YOU OR ON YOUR
BEHALF IS MADE PAYABLE TO THE CONTRACTOR, THE SUBCONTRACTOR, AND
THE SUPPLIER FOR AVOIDING DOUBLE PAYMENTS IF YOUR PROPERTY DOES
NOT SATISFY THE REQUIREMENTS OF SECTIONS 38-22-102 (3.5) AND 38-22-113
(4), COLORADO REVISED STATUTES.

YOU SHOULD TAKE WHATEVER STEPS NECESSARY TO PROTECT YOUR
PROPERTY.

(3) The notice prescribed by this section shall not be required when a
building permit is issued for new residential construction or for residential property
containing more than four living units.

(4) As used in this section:

(a) New residential construction means the construction or addition of
living units on real property that was previously unimproved or was used for
nonresidential purposes.

(b) Residential property means any real property, including improvements,
containing living units used for human habitation.

(5) To offset the cost of issuing the notice required by this section, the
appropriate authority may raise the fee for a building permit by one dollar.

(6) The failure of the agency or other authority which issues building permits
to provide the notice required by this section shall not be an affirmative defense to
any lien claimed pursuant to the provisions of this article; nor shall the agency or
any employee of the agency incur liability as a result of such failure.

(7) The agency or other authority which issues building permits may deliver
the notice required by this section personally to the owner of the property, in lieu of
mailing the notice as provided by subsection (1) of this section.

Legislative History

Source: L. 79: Entire section added, p. 1389, � 1, effective January 1, 1980. L. 81: Entire section R&RE, p. 1822, � 1, effective July 1. L. 88: (2) R&RE, p. 1253, � 1, effective April 14. L. 2000: (2) amended, p. 208, � 6, effective August 2.