In case the act of doing such work or of furnishing such laborers or materials is continuous, said lien shall attach as in other cases, even though such work is done or laborers or materials have been furnished under two or more contracts between the same parties.
Source: L. 1883: p. 230, § 17. G.S. § 2147. R.S. 08: § 4046. C.L. § 6463. CSA: C. 101, § 36. CRS 53: § 86-3-22. C.R.S. 1963: § 86-3-22. L. 2000: Entire section amended, p. 210, § 11, effective August 2.
ANNOTATION
Attachment of lien based upon several contracts. Where the work done and material furnished, for which a mechanics' lien is claimed, tended to the accomplishment of one purpose, as the construction of a smelting plant, and was practically continuous, the lien will attach from the commencement of the work even though the work was done and material furnished under two or more contracts between the same parties, and it is necessary for the lien claimant to take steps for asserting his lien at the completion of each contract. Cary Hdwe. Co. v. McCarty, 10 Colo. App. 200, 50 P. 744 (1897).
Continuity of work not destroyed by short interruptions. Where there was no abandonment of the intention to prosecute the work, the fact that there were interruptions of short periods of time in the construction of a building does not destroy the continuity of the work and prevent the attaching of the lien from the commencement of the building. Cary Hdwe. Co. v. McCarty, 10 Colo. App. 200, 50 P. 744 (1897).
Applied in Smith v. Stroehle Mach. & Supply Co., 109 Colo. 460, 126 P.2d 341 (1942).