C.R.S. Section 4-7-209
Lien of warehouse


(a)

A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for similar charges or expenses in relation to other goods whenever deposited and it is stated in the warehouse receipt or storage agreement that a lien is claimed for charges and expenses in relation to other goods, the warehouse also has a lien against the goods covered by the warehouse receipt or storage agreement or on the proceeds thereof in its possession for those charges and expenses, whether or not the other goods have been delivered by the warehouse. However, as against a person to which a negotiable warehouse receipt is duly negotiated, a warehouse’s lien is limited to charges in an amount or at a rate specified in the warehouse receipt or, if no charges are so specified, to a reasonable charge for storage of the specific goods covered by the receipt subsequent to the date of the receipt.

(b)

A warehouse may also reserve a security interest against the bailor for the maximum amount specified on the receipt for charges other than those specified in subsection (a) of this section, such as for money advanced and interest. The security interest is governed by article 9 of this title.

(c)

A warehouse’s lien for charges and expenses under subsection (a) of this section or a security interest under subsection (b) of this section is also effective against any person that so entrusted the bailor with possession of the goods that a pledge of them by the bailor to a good-faith purchaser for value would have been valid. However, the lien or security interest is not effective against a person that before issuance of a document of title had a legal interest or a perfected security interest in the goods and that did not:

(1)

Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor’s nominee with:

(A)

Actual or apparent authority to ship, store, or sell;

(B)

Power to obtain delivery under section 4-7-403; or

(C)

Power of disposition under section 4-2-403, 4-2.5-304 (2), 4-2.5-305 (2), 4-9-320, or 4-9-321 (c) or other statute or rule of law; or

(2)

Acquiesce in the procurement by the bailor or its nominee of any document.

(d)

A warehouse’s lien on household goods for charges and expenses in relation to the goods under subsection (a) of this section is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit. In this subsection (d), “household goods” means furniture, furnishings, or personal effects used by the depositor in a dwelling.

(e)

A warehouse loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver.

Source: Section 4-7-209 — Lien of warehouse, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-04.­pdf (accessed Oct. 20, 2023).

4‑7‑101
Short title
4‑7‑102
Definitions and index of definitions
4‑7‑103
Relation of article to treaty or statute
4‑7‑104
Negotiable and nonnegotiable document of title
4‑7‑105
Reissuance in alternative medium
4‑7‑106
Control of electronic document of title
4‑7‑201
Person that may issue a warehouse receipt - storage under bond
4‑7‑202
Form of warehouse receipt - effect of omission
4‑7‑203
Liability for nonreceipt or misdescription
4‑7‑204
Duty of care - contractual limitation of warehouse’s liability
4‑7‑205
Title under warehouse receipt defeated in certain cases
4‑7‑206
Termination of storage at warehouse’s option
4‑7‑207
Goods must be kept separate - fungible goods
4‑7‑208
Altered warehouse receipts
4‑7‑209
Lien of warehouse
4‑7‑210
Enforcement of warehouse’s lien
4‑7‑301
Liability for nonreceipt or misdescription - “said to contain” - “shipper’s weight, load, and count” - improper handling
4‑7‑302
Through bills of lading and similar documents of title
4‑7‑303
Diversion - reconsignment - change of instructions
4‑7‑304
Tangible bills of lading in a set
4‑7‑305
Destination bills
4‑7‑306
Altered bills of lading
4‑7‑307
Lien of carrier
4‑7‑308
Enforcement of carrier’s lien
4‑7‑309
Duty of care - contractual limitation of carrier’s liability
4‑7‑401
Irregularities in issue of receipt or bill or conduct of issuer
4‑7‑402
Duplicate document of title - overissue
4‑7‑403
Obligation of bailee to deliver - excuse
4‑7‑404
No liability for good-faith delivery pursuant to document of title
4‑7‑501
Form of negotiation and requirements of due negotiation
4‑7‑502
Rights acquired by due negotiation
4‑7‑503
Document of title to goods defeated in certain cases
4‑7‑504
Rights acquired in absence of due negotiation - effect of diversion - stoppage of delivery
4‑7‑505
Indorser not guarantor for other parties
4‑7‑506
Delivery without indorsement - right to compel indorsement
4‑7‑507
Warranties on negotiation or delivery of document of title
4‑7‑508
Warranties of collecting bank as to documents of title
4‑7‑509
Adequate compliance with commercial contract
4‑7‑601
Lost, stolen, or destroyed documents of title
4‑7‑602
Attachment of goods covered by negotiable document of title
4‑7‑603
Conflicting claims - interpleader
4‑7‑701
Effective date
4‑7‑702
Applicability
4‑7‑703
Saving clause
Green check means up to date. Up to date

Current through Fall 2024

§ 4-7-209’s source at colorado​.gov