IMPORTANT NOTICE TO OWNERS: UNDER COLORADO LAW, SUPPLIERS, SUBCONTRACTORS, OR OTHER PERSONS FURNISHING LABORERS OR PROVIDING LABOR OR MATERIALS FOR WORK ON YOUR RESIDENTIAL PROPERTY MAY HAVE A RIGHT TO COLLECT THEIR MONEY FROM YOU BY FILING A LIEN AGAINST YOUR PROPERTY. A LIEN CAN BE FILED AGAINST YOUR RESIDENCE WHEN A SUPPLIER, SUBCONTRACTOR, OR OTHER PERSON IS NOT PAID BY YOUR CONTRACTOR FOR SUCH LABORERS, LABOR, OR MATERIALS. HOWEVER, IN ACCORDANCE WITH THE COLORADO GENERAL MECHANICS' LIEN LAW, SECTIONS 38-22-102 (3.5) AND 38-22-113 (4), COLORADO REVISED STATUTES, YOU HAVE AN AFFIRMATIVE DEFENSE IN ANY ACTION TO ENFORCE A LIEN IF YOU OR SOME PERSON ACTING ON YOUR BEHALF HAS PAID YOUR CONTRACTOR AND SATISFIED YOUR LEGAL OBLIGATIONS. YOU MAY ALSO WANT TO DISCUSS WITH YOUR CONTRACTOR, YOUR ATTORNEY, OR YOUR LENDER POSSIBLE PRECAUTIONS, INCLUDING THE USE OF LIEN WAIVERS OR REQUIRING THAT EVERY CHECK ISSUED BY YOU OR ON YOUR BEHALF IS MADE PAYABLE TO THE CONTRACTOR, THE SUBCONTRACTOR, AND THE SUPPLIER FOR AVOIDING DOUBLE PAYMENTS IF YOUR PROPERTY DOES NOT SATISFY THE REQUIREMENTS OF SECTIONS 38-22-102 (3.5) AND 38-22-113 (4), COLORADO REVISED STATUTES. YOU SHOULD TAKE WHATEVER STEPS NECESSARY TO PROTECT YOUR PROPERTY.
Source: L. 79: Entire section added, p. 1389, § 1, effective January 1, 1980. L. 81: Entire section R&RE, p. 1822, § 1, effective July 1. L. 88: (2) R&RE, p. 1253, § 1, effective April 14. L. 2000: (2) amended, p. 208, § 6, effective August 2.
Structure Colorado Code
Title 38 - Property - Real and Personal
Article 22 - General Mechanics' Lien
§ 38-22-101. Liens in Favor of Whom - When Filed - Definition of Person
§ 38-22-102. Payments - Effect
§ 38-22-103. Attaching of Lien - Enforcement
§ 38-22-104. Lien on Mining Property
§ 38-22-105. Property Subject to Lien - Notice
§ 38-22-105.5. Notice of Lien Law
§ 38-22-106. Priority of Lien - Attachments
§ 38-22-107. Lien Attaches to Water Rights and Franchises
§ 38-22-110. Action Commenced Within Six Months
§ 38-22-111. Joinder of Parties - Consolidation of Actions
§ 38-22-112. Allegations of Complaint
§ 38-22-113. Hearing - Judgment - Summons - Defense
§ 38-22-114. Disposition of Proceeds - Execution
§ 38-22-115. Parties to Action
§ 38-22-117. Assignment of Lien - Failure to Support Lien
§ 38-22-118. Satisfaction of Lien - Failure to Release
§ 38-22-119. Agreement to Waive - Effect
§ 38-22-120. Rules of Civil Procedure Apply
§ 38-22-121. Liens of Surveyors and Engineers
§ 38-22-122. Lien Under Two Contracts - Effect
§ 38-22-123. Payment to Avoid Invalid
§ 38-22-124. Other Remedies Not Barred
§ 38-22-125. Bona Fide Purchaser
§ 38-22-126. Disburser - Notice - Duty of Owner and Disburser
§ 38-22-127. Moneys for Lien Claims Made Trust Funds - Disbursements - Penalty
§ 38-22-128. Excessive Amounts Claimed
§ 38-22-129. Principal Contractor May Provide Bond Prior to Commencement of Work
§ 38-22-130. Payment of Claims by Surety
§ 38-22-131. Substitution of Bond Allowed