reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-110 - Action commenced within six months

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 property longer than six months after the last work or labor is performed, or laborers or materials are furnished, or after the completion of the building, structure, or other improvement, or the completion of the alteration, addition to, or repair thereof, as prescribed in section
38-22-109
, unless an action has been commenced within that time to enforce the same, and unless also a notice stating that such action has been commenced is filed for record within that time in the office of the county clerk and recorder of the county in which said property is situate. Where two or more liens are claimed of record against the same property, the commencement of any action and the filing of the notice of the commencement of such action within that time by any one or more of such lien claimants in which action all the lien claimants as appear of record are made parties, either plaintiff or defendant shall be sufficient.
L. 1899: p. 271, § 10. R.S. 08: § 4034. L. 15: p. 333, § 2. C.L. § 6451. CSA: C. 101, § 24. L. 37: p. 481, § 4. CRS 53: § 86-3-10. C.R.S. 1963: § 86-3-10. L. 2000: Entire section amended, p. 210, § 9, effective August 2.
For filing notice of lis pendens, see C.R.C.P. 105(f).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-111 - Joinder of parties - consolidation of actions

(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 motion.
(2)
Upon such procedure for consolidation, one case shall be selected with which the other cases shall be incorporated, and all the parties to such other cases shall be made parties plaintiff or defendant as the court may designate in said case so selected. All persons having claims for liens, the statements of which have been filed as provided in this article, shall be made parties to the action.
(3)
Those claiming liens who fail or refuse to become parties plaintiff, or for any reason have not been made such parties, shall be made parties defendant. Any party claiming a lien, not made a party to such action, at any time within the period provided in section
38-22-109
, may be allowed to intervene by motion, upon cause shown, and may be made a party defendant on the order of the court, which shall fix by such order the time for such intervenor to plead or otherwise proceed. The pleadings and other proceedings of such intervenor thus made a party shall be the same as though he had been an original party. Any defendant who claims a lien, in answering, shall set forth by cross complaint his claim and lien. Likewise such defendant may set forth in said answer defensive matter to any claim or lien of any plaintiff or codefendant or otherwise deny such claim or lien. The owner of the property to which such lien has attached, and all other parties claiming of record any right, title, interest, or equity therein, whose title or interests are to be charged with or affected by such lien, shall be made parties to the action.
L. 1899: p. 272, § 11. R.S. 08: § 4035. C.L. § 6452. CSA: C. 101, § 25. CRS 53: § 86-3-11. C.R.S. 1963: § 86-3-11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-112 - Allegations of complaint

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, or of the consolidation of actions, so that the issues are in any manner changed or increased, any party to the action shall be allowed to amend his pleadings, or file new pleadings, as the nature of the case may require.
L. 1899: p. 273, § 12. R.S. 08: § 4036. C.L. § 6453. CSA: C. 101, § 26. CRS 53: § 86-3-12. C.R.S. 1963: § 86-3-12.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-113 - Hearing - judgment - summons - defense

(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 amounts justly due thereon.
(2)
Judgments shall be rendered according to the rights of the parties. The various rights of all the lien claimants and other parties to any such action shall be determined and incorporated in one judgment or decree. Each party who establishes his claim under this article shall have judgment against the party personally liable to him for the full amount of his claim so established, and shall have a lien established and determined in said decree upon the property to which his lien has attached to the extent stated in this section.
(3)
Proceedings to foreclose and enforce mechanics' liens under this article are actions in rem, and service by publication may be obtained against any defendant therein in a manner as provided by law, and personal judgment against the principal contractor or other person personally liable for the debt for which the lien is claimed shall not be requisite to a decree of foreclosure in favor of a subcontractor or materialman.
(4)
In such proceedings, it shall be an affirmative defense that the owner or some person acting on the owner's behalf has paid an amount sufficient to satisfy the contractual and legal obligations of the owner, including the initial purchase price or contract amount plus any additions or change orders, to the principal contractor or any subcontractor for the purpose of payment to the subcontractors or suppliers of laborers or materials or services to the job, when:
(a)
The property is an existing single-family dwelling unit;
(b)
The property is a residence constructed by the owner or under a contract entered into by the owner prior to its occupancy as his primary residence; or
(c)
The property is a single-family, owner-occupied dwelling unit, including a residence constructed and sold for occupancy as a primary residence. This paragraph (c) shall not apply to a developer or builder of multiple residences except for the residence that is occupied as the primary residence of the developer or builder.
L. 1899: p. 273, § 13. R.S. 08: § 4037. C.L. § 6454. CSA: C. 101, § 27. CRS 53: § 86-3-13. C.R.S. 1963: § 86-3-13. L. 87: (4) added, p. 1336, § 2, effective May 25. L. 91: (1) amended, p. 366, § 42, effective April 9. L. 2000: IP(4) amended, p. 210, § 10, effective August 2.
For service of summons by publication, see C.R.C.P. 4(g) and 4(h).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-114 - Disposition of proceeds - execution

(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 for sales of real estate on executions issued out of any court of record, and there shall be the same rights of redemption as are provided for in the case of sales of real estate on executions. And if the proceeds of such sale, after the payment of costs, are not sufficient to satisfy the whole amount of such liens included in the decree of sale, then such proceeds shall be apportioned according to the rights of the several parties. In case the proceeds of sale amount to more than the sum of said liens and all costs, then the remainder shall be paid over to the owner of said property; and each party whose claim is not fully satisfied in the manner provided in this section shall have execution for the balance unsatisfied against the party personally liable, as in other cases.
(2)
In the first instance without a previous sale of said property to which such liens have attached, an execution may issue in behalf of any such lien claimant for the full amount of his claim against the party personally liable, and he may thereafter enforce such lien for any balance of such judgment remaining unsatisfied. A transcript of the docket of said judgment and decree may be filed with the county clerk and recorder of the county where such property is situated or in any other county, and thereupon said judgment and decree shall become a lien upon the real property in such county of each party so personally liable in favor of any such lien claimant holding any such judgment against any such party so personally liable, as in other cases of recording transcripts of judgment.
L. 1899: p. 274, § 14. R.S. 08: § 4038. C.L. § 6455. CSA: C. 101, § 28. CRS 53: § 86-3-14. C.R.S. 1963: § 86-3-14.
For foreclosure of mortgages, see § 38-36-162; for sale of real estate on execution, see § 13-56-201.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-115 - Parties to action

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 effect as is provided by law in cases of attachment and other proceedings in rem.
L. 1899: p. 274, § 15. R.S. 08: § 4039. C.L. § 6456. CSA: C. 101, § 29. CRS 53: § 86-3-15. C.R.S. 1963: § 86-3-15.
For service of summons in attachment or other in rem proceedings, see C.R.C.P. 4(e) to 4(g).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-116 - Costs

The court shall divide the costs between the parties liable therefor, according to the justice of the case.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-117 - Assignment of lien - failure to support lien

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 assignment shall be a sufficient consideration as to all other parties for the purpose of such action. Such assignment may be made before or after the filing of the statement of lien. Any such claimant, whether as assignee or otherwise, may include all the liens he may possess against the same property in any such statement, and when more than one such claim is included in one such statement, one verification thereto shall be sufficient. Any person may file separate statements of two or more claims. If, on the trial of a cause under the provisions of this article, the proceedings will not support a lien, the plaintiff and all lien claimants entitled thereto may proceed to judgment as in an action on contract, and executions may issue as provided in such cases, and said judgment shall have all the rights of a judgment in a personal action.
L. 1899: p. 275, § 17. R.S. 08: § 4041. C.L. § 6458. CSA: C. 101, § 31. CRS 53: § 86-3-17. C.R.S. 1963: § 86-3-17.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-118 - Satisfaction of lien - failure to release

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 request of any person interested in the property charged therewith, shall enter or cause to be entered an acknowledgment of satisfaction of the same of record, and if he neglects or refuses to do so within ten days after the written request of any person so interested, he shall forfeit and pay to such person the sum of ten dollars per day for every day of such neglect or refusal, to be recovered in the same manner as other debts. A valid tender of payment, refused by any such claimant, shall be equivalent to a payment for the purpose of this section. Any such statement may be satisfied of record in the same manner as mortgages.
L. 1899: p. 275, § 18. R.S. 08: § 4042. C.L. § 6459. CSA: C. 101, § 32. CRS 53: § 86-3-18. C.R.S. 1963: § 86-3-18.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-119 - Agreement to waive - effect

(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 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 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.
L. 65: p. 854, § 5. C.R.S. 1963: § 86-3-25. L. 75: Entire section amended, p. 1424, § 4, effective October 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-127 - Moneys for lien claims made trust funds - disbursements - penalty

(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
L. 75: Entire section added, p. 1420, § 2, effective October 1. L. 2000: (1) and (2) amended, p. 211, § 13, effective August 2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 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.
L. 75: Entire section added, p. 1421, § 3, effective October 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-130 - Payment of claims by surety

(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
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.
(2)
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.
L. 75: Entire section added, p. 1425, § 5, effective October 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-131 - Substitution of bond allowed

(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 corporate surety bond or any other undertaking which has been approved by a judge of said district court.
(2)
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.
(3)
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.
L. 75: Entire section added, p. 1425, § 5, effective October 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 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.
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.
For the legislative declaration in the 2011 act amending this section, see section 1 of chapter 279, Session Laws of Colorado 2011.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 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.
L. 75: Entire section added, p. 1426, § 5, effective October 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22.5 - COMMERCIAL REAL ESTATE BROKERS COMMISSION SECURITY ACT (§§ 38-22.5-101 — 38-22.5-111) › Section 38-22.5-101 - Short title

This article shall be known and may be cited as the "Commercial Real Estate Brokers Commission Security Act".
L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 642, §1, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22.5 - COMMERCIAL REAL ESTATE BROKERS COMMISSION SECURITY ACT (§§ 38-22.5-101 — 38-22.5-111) › Section 38-22.5-102 - Definitions

As used in this article 22.5, unless the context otherwise requires:
(1)
"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.
(2)
"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.
(3)
"Owner" means the owner of record of real estate and includes an agent of such owner.
(4)
"Real estate broker" has the meaning set forth in section
12-10-201(6)
.
(5)
"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.
Amended by 2019 Ch. 136,§ 230, eff. 10/1/2019.
L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 642, §1, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22.5 - COMMERCIAL REAL ESTATE BROKERS COMMISSION SECURITY ACT (§§ 38-22.5-101 — 38-22.5-111) › Section 38-22.5-103 - Brokers' lien for compensation for services - requirements

(1)
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:
(a)
Such real estate is listed with the real estate broker under terms of an agreement or is the subject of an agreement; and
(b)
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.
(2)
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.
(3)
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
.
L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 643, §1, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22.5 - COMMERCIAL REAL ESTATE BROKERS COMMISSION SECURITY ACT (§§ 38-22.5-101 — 38-22.5-111) › Section 38-22.5-104 - Notice of intent - lien notice - service - contents - filing

(1)
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.
(2)
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.
L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 643, §1, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22.5 - COMMERCIAL REAL ESTATE BROKERS COMMISSION SECURITY ACT (§§ 38-22.5-101 — 38-22.5-111) › Section 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.
L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 644, §1, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22.5 - COMMERCIAL REAL ESTATE BROKERS COMMISSION SECURITY ACT (§§ 38-22.5-101 — 38-22.5-111) › Section 38-22.5-106 - When lien attaches - effect of payment by installments - affirmative defense

(1)
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:
(a)
The real estate broker either:
(I)
Procures a person or entity who leases the property in accordance with the agreement; or
(II)
Has otherwise earned a fee or commission in accordance with the agreement;
(b)
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
;
(c)
The real estate broker makes a good faith attempt to obtain settlement through mediation as provided in section
38-22.5-105
; and
(d)
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.
(2)
Notwithstanding paragraph (d) of subsection (1) of this section:
(a)
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
(b)
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.
(3)
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.
(4)
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.
L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 644, §1, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22.5 - COMMERCIAL REAL ESTATE BROKERS COMMISSION SECURITY ACT (§§ 38-22.5-101 — 38-22.5-111) › Section 38-22.5-107 - Conditions on validity of lien - subsequent service of notice to owner - action commenced within six months

(1)
No lien claimed by virtue of this article shall hold the property longer than ten days after the recording of the notice of lien under section
38-22.5-104
unless the real estate broker provides a copy of the notice of lien to the owner or owner's agent by personal service or by registered or certified mail, return receipt requested, addressed to the last-known address of such person, within ten days after recording the notice of lien.
(2)
No lien claimed by virtue of this article shall hold the property longer than six months after the recording of the notice of lien under section
38-22.5-104
unless an action to foreclose the lien has been commenced within that time and unless also a notice stating that such action has been commenced is filed for record within that time in the office of the county clerk and recorder of the county in which the property is situated. Where two or more liens under this article are claimed of record against the same property, the commencement of any action and the filing of the notice of the commencement of such action within that time by any one or more of such lien claimants in which action all the lien claimants as appear of record are made parties, either plaintiff or defendant, shall be sufficient.
L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 645, §1, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22.5 - COMMERCIAL REAL ESTATE BROKERS COMMISSION SECURITY ACT (§§ 38-22.5-101 — 38-22.5-111) › Section 38-22.5-108 - Priority of liens

The priority of a lien created under this article in relation to other interests in the subject property shall be determined in accordance with section
38-35-109
.
L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 645, §1, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22.5 - COMMERCIAL REAL ESTATE BROKERS COMMISSION SECURITY ACT (§§ 38-22.5-101 — 38-22.5-111) › Section 38-22.5-109 - Satisfaction or release of brokers' lien - written demand by owner - obligation to record

If a real estate brokers' lien has been recorded pursuant to section
38-22.5-106
and the indebtedness has been paid in full or the lien is not valid and enforceable in accordance with this article and other applicable law, the real estate broker shall acknowledge satisfaction or release of such lien in writing within ten days after receiving written demand from the owner and shall record a written release or satisfaction of the lien in the office of the clerk and recorder of the county in which the property is located.
L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 645, §1, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22.5 - COMMERCIAL REAL ESTATE BROKERS COMMISSION SECURITY ACT (§§ 38-22.5-101 — 38-22.5-111) › Section 38-22.5-110 - Spurious liens

Section 38 -35-204 applies to liens asserted pursuant to this article.
L. 2010: Entire article added, (HB 10 -1288), ch. 179, p. 646, § 1, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22.5 - COMMERCIAL REAL ESTATE BROKERS COMMISSION SECURITY ACT (§§ 38-22.5-101 — 38-22.5-111) › Section 38-22.5-111 - Substitution of bond allowed - lien to be discharged

(1)
Whenever a brokers' lien has been recorded in accordance with this article, the owner 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 similar financial assurance. Such bond or assurance shall be in an amount equal to one and one-half times the amount of the lien plus costs allowed to date and is subject to approval by a judge of the district court with which such bond or assurance is filed.
(2)
The bond or assurance shall be conditioned that, if the lien claimant is finally adjudged to be entitled to recover on the claim upon which the lien is based, the principal or surety shall pay to such claimant the amount of the judgment, including any interest, costs, or other sums to which the claimant would be entitled upon foreclosure of the lien.
(3)
Notwithstanding any other provision of this article or section
38-35-110
, upon the filing of a bond or undertaking as provided in this section, the lien against the property, and any notice of lis pendens relating to such lien 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 the 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 the 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 in which the original real estate brokers' 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 relating to such lien, from any notice of the commencement of any action relating to such lien, and from any action brought to foreclose such lien.
L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 646, §1, effective August 11. L. 2011: (3) amended, (SB 11-264), ch. 279, p. 1250, §3, effective July 1.
For the legislative declaration in the 2011 act amending subsection (3), see section 1 of chapter 279, Session Laws of Colorado 2011.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 23 - LIEN ON DITCHES (§§ 38-23-101 — 38-23-110) › Section 38-23-101 - Liability of co-owners

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 cleaning and repairing such ditch equivalent in value to his share of such expenses. No co-owner shall be held liable for cleaning or repairing any ditch below the point from which he takes his portion of the water.
L. 1893: p. 312, § 1. R.S. 08: § 4051. C.L. § 6468. CSA: C. 101, § 41. CRS 53: § 86-4-1. C.R.S. 1963: § 86-4-1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 23 - LIEN ON DITCHES (§§ 38-23-101 — 38-23-110) › Section 38-23-102 - Request to clean ditch

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 accurate account of the cost and expenses incurred and upon the completion of such work shall deliver to each of such delinquent coowners or his agent, lessee, or legal representative an itemized statement of such costs and expenses.
L. 1893: p. 312, § 2. R.S. 08: § 4052. C.L. § 6469. CSA: C. 101, § 42. CRS 53: § 86-4-2. C.R.S. 1963: § 86-4-2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 23 - LIEN ON DITCHES (§§ 38-23-101 — 38-23-110) › Section 38-23-103 - Lien of co-owner against delinquent

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.
L. 1893: p. 312, § 3. R.S. 08: § 4053. C.L. § 6470. CSA: C. 101, § 43. CRS 53: § 86-4-3. C.R.S. 1963: § 86-4-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 23 - LIEN ON DITCHES (§§ 38-23-101 — 38-23-110) › Section 38-23-104 - Claimant to file verified statement

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 addressed to the owner of the interest upon which such lien is claimed, specifying the name of the ditch and the extent of the interest in the same upon which such lien is claimed; the date upon which the work was commenced and the date it was completed; the total amount expended on such ditch and the amount due from such delinquent coowners. Said statement shall be signed and verified upon oath by a claimant.
L. 1893: p. 313, § 4. R.S. 08: § 4054. C.L. § 6471. CSA: C. 101, § 44. CRS 53: § 86-4-4. C.R.S. 1963: § 86-4-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 23 - LIEN ON DITCHES (§§ 38-23-101 — 38-23-110) › Section 38-23-105 - Lien may be assigned - effect

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.
L. 1893: p. 313, § 5. R.S. 08: § 4055. C.L. § 6472. CSA: C. 101, § 45. CRS 53: § 86-4-5. C.R.S. 1963: § 86-4-5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 23 - LIEN ON DITCHES (§§ 38-23-101 — 38-23-110) › Section 38-23-106 - Lien duration - action prolongs

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.
L. 1893: p. 313, § 6. R.S. 08: § 4056. C.L. § 6473. CSA: C. 101, § 46. CRS 53: § 86-4-6. C.R.S. 1963: § 86-4-6.