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

  • enforcement

(1)

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.

(2)

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.

(3)

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.

(4)

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).

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
38‑22‑108
Rank of liens
38‑22‑109
Lien statement
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
38‑22‑116
Costs
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
38‑22‑132
Lien to be discharged
38‑22‑133
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