Every laborer, mechanic, ranchman, farmer, merchant, or other person performing any work or labor or furnishing any laborers, materials, ranch or farm products, provisions, goods, or supplies to any contractor or subcontractor in the construction of any railroad, reservoir, or irrigation canal, or any part thereof, used by such contractor or subcontractor in carrying on said work of construction whose demand for work, labor, laborers, material, ranch or farm products, provisions, goods, or supplies so furnished has not been paid may deliver to the company owning such railroad, reservoir, or irrigation canal, or to its agent, a verified account of the amount and value of the work and labor so performed or the laborers, material, ranch or farm products, provisions, goods, or supplies so furnished. Thereupon such company, or its agent, shall retain out of the subsequent payments to the contractor the amount of such unpaid account for the benefit of the person to whom the same is due.
Source: L. 11: p. 491, § 2. C.L. § 6482. CSA: C. 39, § 2. CRS 53: § 86-7-2. C.R.S. 1963: § 86-7-2. L. 2000: Entire section amended, p. 212, § 16, effective August 2.
ANNOTATION
Claimant needs only to state right in fund. It is only necessary for a claimant to state his right or interest in the fund. Olson v. Model Land & Irrigation Co., 75 Colo. 221, 225 P. 259 (1924).
Groceries and supplies lienable. Groceries and supplies furnished subcontractor, who also conducted a boarding house which was necessary for his men, is a proper charge under the provisions of this section, but a lien will not lie for such provisions as are consumed by men not employed on the contract work. Olson v. Model Land & Irrigation Co., 75 Colo. 221, 225 P. 259 (1924).
Proof required of lien claimant. It is the duty of a lien claimant to show what proportion of supplies furnished a subcontractor are used on the contract work. Olson v. Model Land & Irrigation Co., 75 Colo. 221, 225 P. 259 (1924).