If a person in the ordinary course of his [or her] business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest arising under the lease contract or this article of the party to the lease contract at whose instance the services or materials were furnished, but does not take priority over any such interest of the other party to the lease contract unless the lien is created by statute and the statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise.
Source: L. 91: Entire article added, p. 292, § 1, effective July 1, 1992.
Editor's note - Colorado legislative change: After the word "interest", Colorado deleted the words "of the lessor or lessee under the lease contract or this article" and substituted the words "arising under the lease contract or this article of the party to the lease contract at whose instance the services or materials were furnished, but does not take priority over any such interest of the other party to the lease contract".
Uniform Statutory Source: Section 9-310.
Changes: The approach reflected in the provisions of Section 9-310 was included, but revised to conform to leasing terminology and to expand the exception to the special priority granted to protected liens to cover liens created by rule of law as well as those created by statute.
Purposes: This section should be interpreted to allow a qualified lessor or a qualified lessee to be the competing lienholder if the statute or rule of law so provides. The reference to statute includes applicable regulations and cases; these sources must be reviewed in resolving a priority dispute under this section.
Cross Reference:
Section 9-310.
Definitional Cross References:
"Goods". Section 2A-103(1)(h).
"Lease Contract". Section 2A-103(1)(l).
"Lessee". Section 2A-103(1)(n).
"Lessor". Section 2A-103(1)(p).
"Lien". Section 2A-103(1)(r).
"Person". Section 1-201(30).
Structure Colorado Code
Title 4 - Uniform Commercial Code
Part 3 - Effect of Lease Contract
§ 4-2.5-301. Enforceability of Lease Contract
§ 4-2.5-302. Title to and Possession of Goods
§ 4-2.5-304. Subsequent Lease of Goods by Lessor
§ 4-2.5-305. Sale or Sublease of Goods by Lessee
§ 4-2.5-306. Priority of Certain Liens Arising by Operation of Law
§ 4-2.5-308. Special Rights of Creditors
§ 4-2.5-309. Lessor's and Lessee's Rights When Goods Become Fixtures
§ 4-2.5-310. Lessor's and Lessee's Rights When Goods Become Accessions