reglab/housing_qa huggingface dataset:
CO Code § 38-22-119 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-119. Agreement to Waive - Effect

  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.    An agreement to waive lien rights shall contain a statement, by the person waiving lien rights, providing in substance that all debts owed to any third party by the person waiving the lien rights and relating to the goods or services covered by the waiver of lien rights have been paid or will be timely paid.     History. Source: L. 1899: P. 276, § 19. R.S. 08: § 4043. C.L. § 6460. CSA: C. 101, § 33. CRS 53: § 86-3-19. C.R.S. 1963: § 86-3-19. L. 2009: Entire section amended, (SB 09-137), ch. 145, p. 610, § 2, effective July 1. History. Source: L. 1899: P. 276, § 19. R.S. 08: § 4043. C.L. § 6460. CSA: C. 101, § 33. CRS 53: § 86-3-19. C.R.S. 1963: § 86-3-19. L. 2009: Entire section amended, (SB 09-137), ch. 145, p. 610, § 2, effective July 1.
CO Code § 38-22-120 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-120. Rules of Civil Procedure Apply

 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.   History. Source: L. 1899: P. 276, § 20. R.S. 08: § 4044. C.L. § 6461. CSA: C. 101, § 34. CRS 53: § 86-3-20. C.R.S. 1963: § 86-3-20. History. Source: L. 1899: P. 276, § 20. R.S. 08: § 4044. C.L. § 6461. CSA: C. 101, § 34. CRS 53: § 86-3-20. C.R.S. 1963: § 86-3-20.
CO Code § 38-22-121 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-121. Liens of Surveyors and Engineers

 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.   History. Source: L. 1883: P. 227, § 8. G.S. § 2138. R.S. 08: § 4045. C.L. § 6462. CSA: C. 101, § 35. CRS 53: § 86-3-21. C.R.S. 1963: § 86-3-21. History. Source: L. 1883: P. 227, § 8. G.S. § 2138. R.S. 08: § 4045. C.L. § 6462. CSA: C. 101, § 35. CRS 53: § 86-3-21. C.R.S. 1963: § 86-3-21.
CO Code § 38-22-122 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-122. Lien Under Two Contracts - Effect

 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.   History. 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. History. 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.
CO Code § 38-22-123 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-123. Payment to Avoid Invalid

 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 may be, with intent to cheat or defraud any other person, and that fact appears in any proceeding under this article, such person shall forfeit all rights to such lien under this article.   History. Source: L. 1883: P. 235, § 29. G.S. § 2159. R.S. 08: § 4047. C.L. § 6464. CSA: C. 101, § 37. CRS 53: § 86-3-23. C.R.S. 1963: § 86-3-23. History. Source: L. 1883: P. 235, § 29. G.S. § 2159. R.S. 08: § 4047. C.L. § 6464. CSA: C. 101, § 37. CRS 53: § 86-3-23. C.R.S. 1963: § 86-3-23.
CO Code § 38-22-124 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-124. Other Remedies Not Barred

 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 contract, the rule of procedure shall be the same as in the case of one such.   History. Source: L. 1883: P. 236, § 31. G.S. § 2161. R.S. 08: § 4048. C.L. § 6465. CSA: C. 101, § 38. CRS 53: § 86-3-24. C.R.S. 1963: § 86-3-24. History. Source: L. 1883: P. 236, § 31. G.S. § 2161. R.S. 08: § 4048. C.L. § 6465. CSA: C. 101, § 38. CRS 53: § 86-3-24. C.R.S. 1963: § 86-3-24.
CO Code § 38-22-125 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-125. Bona Fide Purchaser

 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, the principal improvement upon which is a single- or double-family dwelling, unless said purchaser at the time of conveyance has actual knowledge that the amounts due and secured by such lien have not been paid, or unless such lien statement has been recorded prior to conveyance, or unless a notice as provided in section 38-22-109 (10) has been filed within one month subsequent to completion or prior to conveyance, whichever is later; except that nothing in this section shall extend the time for recording lien statements as provided in section 38-22-109 (4) , (5), and (10). For the purposes of this section, the dwelling shall be deemed complete upon conveyance and occupancy if not completed before. The lien for items of labor, work, or material which shall thereafter be furnished shall be effective and may be claimed within the time thereafter as provided in section 38-22-109 (4) , (5), and (10), and their priority shall not be affected by this section.   History. Source: L. 65: P. 854, § 5. C.R.S. 1963: § 86-3-25. L. 75: Entire section amended, p. 1424, § 4, effective October 1. History. Source: L. 65: P. 854, § 5. C.R.S. 1963: § 86-3-25. L. 75: Entire section amended, p. 1424, § 4, effective October 1.
CO Code § 38-22-127 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-127. Moneys for Lien Claims Made Trust Funds - Disbursements - Penalty

  All funds disbursed to any contractor or subcontractor under any building, construction, or remodeling contract or on any construction project shall be held in trust for the payment of the subcontractors, laborer or material suppliers, or laborers who have furnished laborers, materials, services, or labor, who have a lien, or may have a lien, against the property, or who claim, or may claim, against a principal and surety under the provisions of this article and for which such disbursement was made.    This section shall not be construed so as to require any such contractor or subcontractor to hold in trust any funds which have been disbursed to him or her for any subcontractor, laborer or material supplier, or laborer who claims a lien against the property or claims against a principal and surety who has furnished a bond under the provisions of this article if such contractor or subcontractor has a good faith belief that such lien or claim is not valid or if such contractor or subcontractor, in good faith, claims a setoff, to the extent of such setoff.    If the contractor or subcontractor has furnished a performance or payment bond or if the owner of the property has executed a written release to the contractor or subcontractor, he need not furnish any such bond or hold such payments or disbursements as trust funds, and the provisions of this section shall not apply.    Every contractor or subcontractor shall maintain separate records of account for each project or contract, but nothing contained in this section shall be construed as requiring a contractor or subcontractor to deposit trust funds from a single project in a separate bank account solely for that project so long as trust funds are not expended in a manner prohibited by this section.    Any person who violates the provisions of subsections (1) and (2) of this section commits theft, as defined in section 18-4-401, C.R.S.     History. Source: L. 75: Entire section added, p. 1420, § 2, effective October 1. L. 2000: (1) and (2) amended, p. 211, § 13, effective August 2.
CO Code § 38-22-128 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-128. Excessive Amounts Claimed

 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 this article, shall forfeit all rights to such lien plus such person shall be liable to the person against whom the lien was filed in an amount equal to the costs and all attorney's fees.   History. Source: L. 75: Entire section added, p. 1421, § 3, effective October 1.
CO Code § 38-22-130 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-130. Payment of Claims by Surety

  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 shall serve upon the principal contractor and his surety an affidavit, supported by all reasonably available documentary evidence, that a claimant has furnished labor or materials used or performed in the prosecution of the work on such project, that he has been unpaid therefor, and the amount of such claim. If after forty-five days such affidavit remains uncontroverted, such surety shall pay to such claimant forthwith the full value of his claim.    Service of such affidavit may be accomplished by certified or registered mail, by personal delivery to such person, or by leaving a copy at his residence or at his place of business with some person in charge.     History. Source: L. 75: Entire section added, p. 1425, § 5, effective October 1.
CO Code § 38-22-131 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-131. Substitution of Bond Allowed

  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 corporate surety bond or any other undertaking which has been approved by a judge of said district court.    Such bond or undertaking plus costs allowed to date shall be in an amount equal to one and one-half times the amount of the lien plus costs allowed to date and shall be approved by a judge of the district court with which such bond or undertaking is filed.    The bond or undertaking shall be conditioned that, if the lien claimant shall be finally adjudged to be entitled to recover upon the claim upon which his lien is based, the principal or his sureties shall pay to such claimant the amount of his judgment, together with any interest, costs, and other sums which such claimant would be entitled to recover upon the foreclosure of the lien.     History. Source: L. 75: Entire section added, p. 1425, § 5, effective October 1.
CO Code § 38-22-132 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-132. Lien to Be Discharged

 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, and any notice of lis pendens or notice of the commencement of any action relating to such lien, shall be immediately discharged and released in full; the real property described in such bond or undertaking shall be forever released from the lien, from any notice of lis pendens or notice of the commencement of any action relating to such lien, and from any action brought to foreclose such lien; the bond or undertaking shall be substituted; and no notice of lis pendens or notice of the commencement of any action relating to such lien or any action for the enforcement or foreclosure thereof shall thereafter be recorded against the property. The clerk of the district court with which such bond or undertaking has been filed shall issue a certificate of release which shall be recorded in the office of the clerk and recorder of the county wherein the original mechanic's lien was filed, and the certificate of release shall show that the property has been forever released from the lien, from any notice of lis pendens or notice of the commencement of any action relating to such lien, and from any action brought to foreclose such lien.   History. Source: L. 75: Entire section added, p. 1426, § 5, effective October 1. L. 2011: Entire section amended, (SB 11-264), ch. 279, p. 1250, § 2, effective July 1.
CO Code § 38-22-133 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22 - General Mechanics' Lien|§ 38-22-133. Action to Be Brought on Bond or Undertaking

 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 the lien, and the statute of limitations applicable to a lien foreclosure shall apply to the action upon the bond or undertaking as it would had no bond or undertaking been filed.   History. Source: L. 75: Entire section added, p. 1426, § 5, effective October 1.
CO Code § 38-22.5-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22.5 - Commercial Real Estate Brokers Commission Security Act|§ 38-22.5-101. Short Title

 This article shall be known and may be cited as the “Commercial Real Estate Brokers Commission Security Act”.   History. Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 642, § 1, effective August 11.
CO Code § 38-22.5-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22.5 - Commercial Real Estate Brokers Commission Security Act|§ 38-22.5-102. Definitions

 As used in this article 22.5, unless the context otherwise requires:    “Agreement” means a written listing agreement, written compensation agreement, or other written agreement between a real estate broker and an owner that grants the real estate broker a right to compensation for professional services in connection with leasing or attempting to lease commercial real estate.    “Commercial real estate” means any real property other than real property containing one to four residential units. “Commercial real estate” does not include single-family or multi-family residential units including condominiums, townhouses, or homes in a subdivision when such real estate is sold, leased, or otherwise conveyed on a unit-by-unit basis even though the units may be part of a larger building or parcel of real property containing more than four residential units.    “Owner” means the owner of record of real estate and includes an agent of such owner.    “Real estate broker” has the meaning set forth in section 12-10-201 (6).    “Renewal commission” means an additional commission that may become payable to a real estate broker if a lease is later renewed or modified to expand the leased premises or extend the lease term.     History. Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 642, § 1, effective August 11. L. 2019: IP and (4) amended, (HB 19-1172), ch. 136, p. 1722, § 230, effective October 1.
CO Code § 38-22.5-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22.5 - Commercial Real Estate Brokers Commission Security Act|§ 38-22.5-103. Brokers' Lien for Compensation for Services - Requirements

  A real estate broker shall have a lien on commercial real estate, in the amount of the compensation as set forth in the agreement, if:   Such real estate is listed with the real estate broker under terms of an agreement or is the subject of an agreement; and    The real estate broker has provided licensed services that resulted in the procuring of a person or entity who has leased any interest in the commercial real estate in accordance with the agreement.       The general assembly intends that nothing in this section is subject to a prospective waiver by either party without consideration acceptable to the parties to the waiver.    Notwithstanding subsection (1) of this section, commercial real estate is not subject to a real estate brokers' lien to enforce the payment of a renewal commission if the property is conveyed to a bona fide purchaser before the recording of a notice of lien pursuant to section 38-22.5-104.     History. Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 643, § 1, effective August 11.
CO Code § 38-22.5-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22.5 - Commercial Real Estate Brokers Commission Security Act|§ 38-22.5-104. Notice of Intent - Lien Notice - Service - Contents - Filing

  The real estate broker shall serve a notice of intent to record a notice of lien upon the owner at least thirty days before recording the notice of lien with the county clerk and recorder of the county in which the commercial real estate is located. Such notice of intent shall be served by personal service or by registered or certified mail, return receipt requested, addressed to the last-known address of the owner or the owner's agent, at least thirty days before recording of the notice of lien with the county clerk and recorder. If the notice of intent is served upon the owner's agent, a copy of the notice shall also be served upon the owner of record by personal service or by registered or certified mail, return receipt requested, addressed to the owner's last-known address, at least thirty days before recording of the notice of lien with the county clerk and recorder.    The notice of lien shall state the name of the real estate broker, the name of the owner, a legal description of the property upon which the lien is being claimed, the amount for which the lien is claimed, and the real estate license number of the real estate broker. The real estate broker shall sign the notice of lien and attest that the information contained in the notice is true and accurate as to his or her knowledge and belief.     History. Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 643, § 1, effective August 11.
CO Code § 38-22.5-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22.5 - Commercial Real Estate Brokers Commission Security Act|§ 38-22.5-105. Mediation Period

 The real estate broker shall make a good faith effort to attempt to resolve the nonpayment of the commission through mediation. The mediator's recommended resolution is not binding unless the parties so agree in writing. The parties shall jointly appoint an acceptable mediator and shall share equally in the cost of the mediation. Mediation shall commence when a written notice requesting mediation is delivered by one party to the other at the party's last-known address, and, unless otherwise agreed, the mediation shall terminate if the entire dispute is not resolved within thirty days thereafter. This section does not impair the ability of a real estate broker to record a notice of lien if a resolution is not agreed upon by both parties.   History. Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 644, § 1, effective August 11.
CO Code § 38-22.5-106 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 22.5 - Commercial Real Estate Brokers Commission Security Act|§ 38-22.5-106. When Lien Attaches - Effect of Payment by Installments - Affirmative Defense

  The lien created by section 38-22.5-103 attaches to an interest in commercial real estate when all of the following conditions are met:   The real estate broker either:   Procures a person or entity who leases the property in accordance with the agreement; or    Has otherwise earned a fee or commission in accordance with the agreement;       The real estate broker serves a notice of intent to record a notice of lien upon the owner or owner's agent as provided in section 38-22.5-104;    The real estate broker makes a good faith attempt to obtain settlement through mediation as provided in section 38-22.5-105; and    At least thirty days after serving the owner with notice of intent to record a notice of lien, but not more than ninety days after the tenant takes possession of the leased property or ninety days after the compensation is due under the agreement, whichever is later, the real estate broker records a notice of the lien in the office of the clerk and recorder of the county in which the commercial real estate is located.       Notwithstanding paragraph (d) of subsection (1) of this section:   If payment is due in installments and a portion of the payment is due after the leasing of any interest in commercial real estate, a claim for a lien for only that portion may be recorded within ninety days after the tenant takes possession of the leased property or ninety days after the compensation is due under the agreement, whichever is later; and    The lien shall be effective as a lien against the commercial real estate only to the extent moneys are still owed to the real estate broker by the owner. Any claims for a lien for future installment payments shall only be recorded within ninety days after those installment payments become due in accordance with the agreement.       The lien attaches for purposes of this section when the claim for lien is recorded, and shall not relate back to the date of the agreement.    Notwithstanding any provision of this article to the contrary, it shall be an affirmative defense in an action to foreclose a lien pursuant to this article that the owner has paid any compensation owed to the listing broker in an amount sufficient to satisfy the contractual and legal obligations of the owner, including compensation to the tenant's broker.     History. Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 644, § 1, effective August 11.