Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-21-103 Sale for storage charges - disposal
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(1) All garments, clothing, wearing apparel, household goods, and any other items on which any of the services or labor mentioned in section 38-21-102 have been performed and then placed in storage by agreement, remaining in the possession of a person without the reasonable or ag…
Colo. Rev. Stat. § 38-21-104 How notice given
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(1) The notice required in this article shall be satisfied by mailing a registered letter, with a return address marked thereon, addressed to the owner of the property if an address was given at the time of delivery of the property, stating that the garments, clothing, wearing ap…
Colo. Rev. Stat. § 38-21-105 Disposition of proceeds of sale. (Deleted by amendment)
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Source: L. 47: p. 648, � 2. CSA: C. � 101, � 14(2). CRS 53: � 86-2-5. C.R.S. 1963: � 86-2-5. L. 94: Entire article amended, p. 463, � 1, effective March 31.
Colo. Rev. Stat. § 38-21-106 Notice posted in receiving office
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Each person taking advantage of this article must keep posted in a prominent place in such person's receiving office at all times a notice which shall read as follows: All articles cleaned, pressed, glazed, laundered, washed, altered, or repaired and not reclaimed within ninety d…
Colo. Rev. Stat. § 38-22-100.3 Definitions
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As used in this article 22, unless the context otherwise requires: (1) Person means a natural person, firm, association, corporation, or other legal entity; except that it shall not include a labor organization as defined in section 24-34-401 (6). Source: L. 2025: Entire section …
Colo. Rev. Stat. § 38-22-101 Liens in favor of whom - when filed
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(1) Every person who furnishes or supplies laborers, machinery, tools, or equipment in the prosecution of the work, and mechanics, materialmen, contractors, subcontractors, builders, and all persons of every class performing labor upon or furnishing directly to the owner or perso…
Colo. Rev. Stat. § 38-22-102 Payments - effect
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(1) No part of the contract price, by the terms of any such contract, shall be made payable, nor shall the same, or any part thereof, be paid in advance of the commencement of the work, but the contract price, by the terms of the contract, shall be made payable in installments, o…
Colo. Rev. Stat. § 38-22-103 Attaching of lien - enforcement
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(1) The liens granted by this article shall extend to and cover so much of the lands whereon such building, structure, or improvement is made as may be necessary for the convenient use and occupation of such building, structure, or improvement, and the same shall be subject to su…
Colo. Rev. Stat. § 38-22-104 Lien on mining property
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The provisions of this article shall apply to all persons who do work or furnish laborers or materials, or mining, milling, or other machinery or other fixtures, as provided in section 38-22-101, for the working, preservation, prospecting, or development of any mine, lode, or min…
Colo. Rev. Stat. § 38-22-105 Property subject to lien - notice
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(1) Any building, mill, manufactory, bridge, ditch, flume, aqueduct, reservoir, tunnel, fence, railroad, wagon road, tramway, and every structure or other improvement mentioned in this article, constructed, altered, added to, removed to, or repaired, either in whole or in part, u…
Colo. Rev. Stat. § 38-22-105.5 Notice of lien law
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(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 …
Colo. Rev. Stat. § 38-22-106 Priority of lien - attachments
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(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…
Colo. Rev. Stat. § 38-22-107 Lien attaches to water rights and franchises
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Such liens likewise shall attach to rights of water and rights-of-way that may pertain in any manner to any kind of property specified in this article and to which such liens attach. In the case of corporations such liens shall attach to all the franchises and charter privileges …
Colo. Rev. Stat. § 38-22-108 Rank of liens
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(1) Every person given a lien by this article whose contract, either express or implied, is with the owner or reputed owner or owner's agent or other representative, is a principal contractor and all others are subcontractors; and in every case in which different liens are claime…
Colo. Rev. Stat. § 38-22-109 Lien statement
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(1) Any person wishing to use the provisions of this article shall file for record, in the office of the county clerk and recorder of the county wherein the property, or the principal part thereof, to be affected by the lien is situated, a statement containing: (a) The name of th…
Colo. Rev. Stat. § 38-22-110 Action commenced within six months
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No lien claimed by virtue of this article, as against the owner of the property or as against one primarily liable for the debt upon which the lien is based or as against anyone who is neither the owner of the property nor one primarily liable for such debt, shall hold the proper…
Colo. Rev. Stat. § 38-22-111 Joinder of parties - consolidation of actions
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(1) Any number of persons claiming liens against the same property and not contesting the claims of each other may join as plaintiffs in the same action, and when separate actions are commenced, the court may consolidate them upon motion of any party in interest or upon its own m…
Colo. Rev. Stat. § 38-22-112 Allegations of complaint
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It is sufficient to allege in the complaint in relation to any party claiming a lien whom it is desired to make a defendant, that such party claims a lien under this article upon the property described; and in case of the intervention of parties, or of the making of new parties, …
Colo. Rev. Stat. § 38-22-113 Hearing - judgment - summons - defense
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(1) The court, whenever the issues in such case are made up, shall advance such cause to the head of the docket for trial and may proceed to hear and determine said liens and claims or may refer the same to a magistrate to ascertain and report upon said liens and claims and the a…
Colo. Rev. Stat. § 38-22-114 Disposition of proceeds - execution
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(1) The court shall cause said property to be sold in satisfaction of said liens and costs of suit as in case of foreclosure of mortgages; and any party in whose favor a judgment for a lien is rendered, may cause the property to be sold within the time and in the manner provided …
Colo. Rev. Stat. § 38-22-115 Parties to action
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Principal contractors and all other persons personally liable for the debt for which the lien is claimed shall be made parties to actions to enforce liens under this article, and service of summons shall be made either personally or by publication in the same manner and with like…
Colo. Rev. Stat. § 38-22-116 Costs
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The court shall divide the costs between the parties liable therefor, according to the justice of the case. Source: L. 1899: p. 275, � 16. R.S. 08: � 4040. C.L. � 6457. CSA: C. 101, � 30. CRS 53: � 86-3-16. C.R.S. 1963: � 86-3-16.
Colo. Rev. Stat. § 38-22-117 Assignment of lien - failure to support lien
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Any party claiming a lien may assign in writing his claim and lien to any other claimant or other person who shall thereupon have all the rights and remedies of the assignor for the purpose of filing and for the enforcement of any such lien by action under this article, and the a…
Colo. Rev. Stat. § 38-22-118 Satisfaction of lien - failure to release
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The claimant of any such lien, the statement of which has been filed, on the payment of the amount thereof, together with the costs of filing and recording such lien, and the acknowledgment of satisfaction, and accrued costs of suit in case a suit has been brought thereon, at the…
Colo. Rev. Stat. § 38-22-119 Agreement to waive - effect
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(1) No agreement to waive, abandon, or refrain from enforcing any lien provided for by this article shall be binding except as between the parties to such contract. The provisions of this article shall receive a liberal construction in all cases. (2) An agreement to waive lien ri…
Colo. Rev. Stat. § 38-22-120 Rules of civil procedure apply
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The provisions of the Colorado rules of civil procedure, insofar as the same are applicable and not in conflict with the provisions of this article, shall be observed in proceedings to establish and enforce mechanics' liens. Source: L. 1899: p. 276, � 20. R.S. 08: � 4044. C.L. � …
Colo. Rev. Stat. § 38-22-121 Liens of surveyors and engineers
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The provisions of this article shall apply to surveyors, civil and mining engineers doing any work of surveying or plotting of any mines, mining claims, lodes, or mineral deposits, and they shall have like lien and claim as other persons under the provisions of this article. Sour…
Colo. Rev. Stat. § 38-22-122 Lien under two contracts - effect
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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…
Colo. Rev. Stat. § 38-22-123 Payment to avoid invalid
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No payment made by any owner to any contractor for the purpose of avoiding any anticipated lien of any subcontractor shall be valid; and if any person files either of said statements for a lien for a larger sum than is due or to become due, in fact, or in probability, as the case…
Colo. Rev. Stat. § 38-22-124 Other remedies not barred
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No remedy given in this article shall be construed as preventing any person from enforcing any other remedy which he otherwise would have had, except as otherwise provided in this article. In case of two or more owners, contractors, or subcontractors interested in the same contra…
Colo. Rev. Stat. § 38-22-125 Bona fide purchaser
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No lien, excepting those claimed by laborers or mechanics as defined in section 38-22-108 (1)(a), filed for record more than two months after completion of the building, improvement, or structure shall encumber the interest of any bona fide purchaser for value of real property, t…
Colo. Rev. Stat. § 38-22-126 Disburser - notice - duty of owner and disburser
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(1) For the purposes of this section, the word disburser means any lender who has agreed to make any loan to the owner or contractor, the proceeds of which are to be disbursed from time to time as work upon a structure or other improvement progresses, or any part of which is to b…
Colo. Rev. Stat. § 38-22-128 Excessive amounts claimed
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Any person who files a lien under this article for an amount greater than is due without a reasonable possibility that said amount claimed is due and with the knowledge that said amount claimed is greater than that amount then due, and that fact is shown in any proceeding under t…
Colo. Rev. Stat. § 38-22-130 Payment of claims by surety
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(1) Subcontractors, materialmen, mechanics, and others who have claims aggregating two thousand dollars or less each on construction projects for the improvement of real property as described in section 38-22-101 (1) for which a bond was executed pursuant to section 38-22-129 sha…
Colo. Rev. Stat. § 38-22-131 Substitution of bond allowed
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(1) Whenever a mechanic's lien has been filed in accordance with this article, the owner, whether legal or beneficial, of any interest in the property subject to the lien may, at any time, file with the clerk of the district court of the county wherein the property is situated a …
Colo. Rev. Stat. § 38-22-132 Lien to be discharged
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Notwithstanding any other provision of this article or section 38-35-110, upon court approval of a bond or undertaking as provided in section 38-22-131, and upon the issuance and recording of a certificate of release as specified in this section, the lien against the property, an…
Colo. Rev. Stat. § 38-22-133 Action to be brought on bond or undertaking
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When a bond or undertaking is filed as provided in section 38-22-131, the person filing the original mechanic's lien may bring an action upon the said bond or undertaking. Such action shall be commenced within the time allowed for the commencement of an action upon foreclosure of…
Colo. Rev. Stat. § 38-23-101 Liability of co-owners
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All co-owners of unincorporated irrigating ditches shall pay for the necessary cleaning and repairing of such ditches in the proportion that their respective interests bear to the total expenses incurred in said cleaning and repairing. Any such co-owner may perform labor in clean…
Colo. Rev. Stat. § 38-23-102 Request to clean ditch
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Upon the failure of any one or more of several coowners, upon written request of the owners of one-third of the carrying capacity or board of directors, to assist in cleaning and repairing such ditch, the other coowners shall proceed to clean and repair the same and shall keep an…
Colo. Rev. Stat. § 38-23-103 Lien of co-owner against delinquent
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The co-owners of any such ditch who clean and repair the same, as specified in section 38-23-102, shall have a lien upon the interest in such ditch owned by such delinquent co-owner for his proportion of such cost and expenses. Source: L. 1893: p. 312, � 3. R.S. 08: � 4053. C.L. …
Colo. Rev. Stat. § 38-23-104 Claimant to file verified statement
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Any person wishing to avail himself of the provisions of this article shall file for record in the office of the county clerk and recorder of the county wherein the ditch to be affected by the lien is situated, within thirty days after the completion of such work, a statement add…
Colo. Rev. Stat. § 38-23-105 Lien may be assigned - effect
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Any party claiming a lien under the provisions of this article may assign in writing his claim and lien to any person, who shall thereafter have all the rights and remedies of the assignor. Source: L. 1893: p. 313, � 5. R.S. 08: � 4055. C.L. � 6472. CSA: C. 101, � 45. CRS 53: � 8…
Colo. Rev. Stat. § 38-23-106 Lien duration - action prolongs
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No lien claimant by virtue of this article shall hold the property longer than six months after filing the statement described in section 38-23-104 unless an action is commenced within that time to enforce the same. Source: L. 1893: p. 313, � 6. R.S. 08: � 4056. C.L. � 6473. CSA:…
Colo. Rev. Stat. § 38-23-107 Judgment - execution
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Actions to enforce liens claimed by virtue of this article shall be commenced and prosecuted in accordance with the procedure in other civil actions in the state of Colorado. Each party who establishes his claim under this article shall have a judgment against the party personall…
Colo. Rev. Stat. § 38-23-108 Sale - right of redemption
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The court shall cause such ditch interest to be sold in satisfaction of said lien and costs, as in the case of foreclosure of mortgages and in the manner and form provided for sales on executions issued out of courts of record, and the owner and creditors shall have a right to re…
Colo. Rev. Stat. § 38-23-109 Costs
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The plaintiff if successful shall also recover all other costs and expenses incurred in claiming and enforcing his lien. Source: L. 1893: p. 314, � 9. R.S. 08: � 4059. C.L. � 6476. CSA: C. 101, � 49. CRS 53: � 86-4-9. C.R.S. 1963: � 86-4-9.
Colo. Rev. Stat. § 38-23-110 Releasing lien - penalty for delay
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The claimant of any such lien, the statement of which has been recorded, on the payment of the amount claimed together with costs of making and recording such statement and costs of satisfaction, at the request of any person interested in the ditch interest charged therewith, sha…
Colo. Rev. Stat. § 38-24-101 Property subject to lien
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Every person, firm, or corporation, whether as contractor, subcontractor, materialman, or laborer, who performs labor upon or furnishes machinery, material, fuel, explosives, power, or supplies for sinking, repairing, altering, or operating any gas well, oil well, or other well o…
Colo. Rev. Stat. § 38-24-102 Other property subject to lien
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Every person, firm, or corporation who performs labor or furnishes machinery, material, fuel, explosives, or supplies to a contractor or subcontractor shall have a lien upon the properties and premises mentioned in section 38-24-101 to the same extent and in the same manner as th…
Colo. Rev. Stat. § 38-24-103 Security interest invalid - when
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No chattel mortgage or security interest shall be valid as against any person, firm, or corporation entitled to a lien under the provisions of this article; but no mortgage, lien, or other encumbrance existing and recorded as provided by law at the time of the inception of the li…