(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: L. 1899: p. 268, § 6. R.S. 08: § 4030. C.L. § 6447. CSA: C. 101, § 20. CRS 53: § 86-3-6. C.R.S. 1963: § 86-3-6.
Notes of Decisions
Bankers Trust Co. v. El Paso Pre-Cast Co., 560 P.2d 457 (Colo. 1977).
· cites it 11× “Section 38-22-106(1), C.R.S. 1973, concerning priority of mechanics’ liens, provides: “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…”
Fowler & Peth, Inc. v. Regan, 151 P.3d 1281 (Colo. 2007).
· cites it 4× “See § 38-22-106, C.R.S. (2006) (requiring that all liens relate back to the time of the commencement of the work); Sontag v.”
Compass Bank v. Brickman Grp., Ltd., 107 P.3d 955 (Colo. 2005).
· cites it 6× “(2004), are clearly designed to preserve *961 the priority of the mechanic's interest, notwithstanding subsequent sales and encumbrances; but a failure, including even a legal inability, to collect an appropriate portion of the unpaid debt from sold or otherwise encumbered…”
City of Westminster v. Brannan Sand & Gravel Co., 940 P.2d 393 (Colo. 1997).
· cites it 10× “Specifically, Westminster *395 argues that section 38-22-106(1), 16A C.R.S. (1982), which provides that mechanics’ liens “relate back” to the time when the lienholder commenced work, should not be construed to allow lienholders to assert that their liens were in effect prior to…”
People v. Cohn, 160 P.3d 336 (Colo. Ct. App. 2007).
· cites it 2× “Mechanic's liens attach to lands and buildings erected upon them. Section 38-22-1038, C.”
Weather Eng'g & Mfg., Inc. v. Pinon Springs Condos., Inc., 563 P.2d 346 (Colo. 1977).
· cites it 3× “Section 38-22-106(1), C.R.S. 1973, provides: “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…”
Cottonwood Hill, Inc. v. Ansay, 782 P.2d 1207 (Colo. Ct. App. 1989).
· cites it 4× “See § 38-22-106(1), C.R.S. (1982 Repl.Vol. 16A); § 39-1-107(2), C.”
Printz Servs. Corp. v. Main Elec., Ltd., 949 P.2d 77 (Colo. Ct. App. 1998).
· cites it 4× “Section 38-22-106(1), C.R.S. (1982 Repl. Vol 16A) provides, in pertinent part: 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…”
Wholesale Specialties, Inc. v. Vill. Homes, Ltd., 820 P.2d 1170 (Colo. Ct. App. 1991).
· cites it 4× “Wholesale argues, however, that its liens did “arise” in 1985 because they relate back pursuant to § 38-22-106(1), C.R.S. (1982 Repl.Vol. 16A), which states that all “liens established by virtue of this article shall relate back to the time of the commencement of work.”
Todd Habermann Constr., Inc. v. Epstein, 70 F. Supp. 2d 1170 (D. Colo. 1999).
· cites it 3× “Under Colo.Rev.Stat. § 38-22-106 (1998), THC’s lien relates back to January, 1995 when the first contractor, Warren Palmer began work on the Subject Real Property.”
Schiffer v. Arvada Steel Fabricating Co. (In Re Cantrup), 38 B.R. 148 (Bankr.D. Colo. 1984).
· cites it 2× “In Colorado, the mechanics’ lien, when perfected, does relate back to the time of the commencement of work under the contract, § 38-22-106(1), C.R.S., which, in this case would be no later than December 24, 1983.”
— Colo. Rev. Stat. § 38-22-106(1) — 18 cases
Bankers Trust Co. v. El Paso Pre-Cast Co., 560 P.2d 457 (Colo. 1977).
“Section 38-22-106(1), C.R.S. 1973, concerning priority of mechanics’ liens, provides: “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…”
Compass Bank v. Brickman Grp., Ltd., 107 P.3d 955 (Colo. 2005).
“(2004), are clearly designed to preserve *961 the priority of the mechanic's interest, notwithstanding subsequent sales and encumbrances; but a failure, including even a legal inability, to collect an appropriate portion of the unpaid debt from sold or otherwise encumbered…”
City of Westminster v. Brannan Sand & Gravel Co., 940 P.2d 393 (Colo. 1997).
“Specifically, Westminster *395 argues that section 38-22-106(1), 16A C.R.S. (1982), which provides that mechanics’ liens “relate back” to the time when the lienholder commenced work, should not be construed to allow lienholders to assert that their liens were in effect prior to…”
People v. Cohn, 160 P.3d 336 (Colo. Ct. App. 2007).
“Mechanic's liens attach to lands and buildings erected upon them. Section 38-22-1038, C.”
Weather Eng'g & Mfg., Inc. v. Pinon Springs Condos., Inc., 563 P.2d 346 (Colo. 1977).
“Section 38-22-106(1), C.R.S. 1973, provides: “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…”
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