C.R.S. Section 38-22-106
Priority of lien

  • attachments

(1)

All liens established by virtue of this article shall relate back to the time of the commencement of work under the contract between the owner and the first contractor, or, if said contract is not in writing, then such liens shall relate back to and take effect as of the time of the commencement of the work upon the structure or improvement, and shall have priority over any lien or encumbrance subsequently intervening, or which may have been created prior thereto but which was not then recorded and of which the lienor, under this article, did not have actual notice. Nothing contained in this section, however, shall be construed as impairing any valid encumbrance upon any such land duly made and recorded prior to the signing of such contract or the commencement of work upon such improvements or structure.

(2)

No attachment, garnishment, or levy under an execution upon any money due or to become due to a contractor from the owner or reputed owner of any such property subject to any such lien shall be valid as against such lien of a subcontractor or materialmen, and no such attachment, garnishment, or levy upon any money due to a subcontractor or materialmen of the second class, as provided in section 38-22-108 (1)(b), from the contractor shall be valid as against any lien of a laborer employed by the day or piece, who does not furnish any material as classified in this article.

Source: Section 38-22-106 — Priority of lien - attachments, 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

§ 38-22-106’s source at colorado​.gov