C.R.S. Section 38-22-103
Attaching of lien

  • enforcement


The liens granted by this article shall extend to and cover so much of the lands whereon such building, structure, or improvement is made as may be necessary for the convenient use and occupation of such building, structure, or improvement, and the same shall be subject to such liens. In case any such building occupies two or more lots or other subdivisions of land, such several lots or other subdivisions shall be deemed one lot for the purposes of this article, and the same rule shall hold in cases of any other such improvements that are practically indivisible, and shall attach to all machinery and other fixtures used in connection with any such lands, buildings, mills, structures, or improvements.


When the lien is for work done or labor or material furnished for any entire structure, erection, or improvement, such lien shall attach to such building, erection, or improvement for or upon which the work was done, or laborers or materials furnished in preference to any prior lien or encumbrance, or mortgage upon the land upon which the same is erected or put, and any person enforcing such lien may have such building, erection, or improvement sold under execution and the purchaser at any such sale may remove the same within thirty days after such sale.


Any lien provided for by this article shall extend to and embrace any additional or greater interest in any of such property acquired by such owner at any time subsequent to the making of the contract or the commencement of the work upon such structure and before the establishment of such lien by process of law, and shall extend to any assignable, transferable, or conveyable interest of such owner or reputed owner in the land upon which such building, structure, or other improvement is erected or placed.


Whenever any person furnishes any laborers or materials or performs any labor, for the erection, construction, addition to, alteration, or repair of two or more buildings, structures, or other improvements, when they are built and constructed by the same person and under the same contract, it is lawful for the person so furnishing such laborers or materials or performing such labor to divide and apportion the same among the buildings, structures, or other improvements in proportion to the value of the laborers or materials furnished for and the labor performed upon or for each of said buildings, structures, or other improvements and to file with his or her lien claim therefor a statement of the amount so apportioned to each building, structure, or other improvement. This lien claim when so filed may be enforced under the provisions of this article in the same manner as if said laborers or materials had been furnished and labor performed for each of said buildings, structures, or other improvements separately; but if the cost or value of such labor, laborers, or materials cannot be readily and definitely divided and apportioned among the several buildings, structures, or other improvements, then one lien claim may be made, established, and enforced against all such buildings, structures, or other improvements, together with the ground upon which the same may be situated, and in such case for the purposes of this article, all such buildings, structures, and improvements shall be deemed one building, structure, or improvement, and the land on which the same are situated as one tract of land.

Source: Section 38-22-103 — Attaching of lien - enforcement, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

Liens in favor of whom - when filed - definition of person
Payments - effect
Attaching of lien - enforcement
Lien on mining property
Property subject to lien - notice
Notice of lien law
Priority of lien - attachments
Lien attaches to water rights and franchises
Rank of liens
Lien statement
Action commenced within six months
Joinder of parties - consolidation of actions
Allegations of complaint
Hearing - judgment - summons - defense
Disposition of proceeds - execution
Parties to action
Assignment of lien - failure to support lien
Satisfaction of lien - failure to release
Agreement to waive - effect
Rules of civil procedure apply
Liens of surveyors and engineers
Lien under two contracts - effect
Payment to avoid invalid
Other remedies not barred
Bona fide purchaser
Disburser - notice - duty of owner and disburser
Moneys for lien claims made trust funds - disbursements - penalty
Excessive amounts claimed
Principal contractor may provide bond prior to commencement of work
Payment of claims by surety
Substitution of bond allowed
Lien to be discharged
Action to be brought on bond or undertaking
Green check means up to date. Up to date

Current through Fall 2024

§ 38-22-103’s source at colorado​.gov