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.
Source: L. 75: Entire section added, p. 1421, § 3, effective October 1.
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